"Supreme Court Criticizes CAQM's Efforts on Stubble Burning, Calls for More Action"

On Friday, the Supreme Court expressed dissatisfaction with the actions taken by the Commission for Air Quality Management (CAQM) to stop stubble burning in Punjab and Haryana. Stubble burning is a major cause of poor air quality in the Delhi-NCR region every winter. A bench of Justices Abhay S Oka and Augustine George Masih noted that the CAQM had never taken penal action under Section 14 of the CAQM Act against those violating its directions by continuing to burn stubble. Justice Oka remarked that without penal action, the Commission's efforts would remain ineffective. The Court found that, despite being in existence for three years, the CAQM had only issued around 82 directions and failed to act when these were ignored. The Court also reminded the Commission that it has significant powers under Section 12, including the authority to shut down polluting entities. While acknowledging that the Commission had taken steps, the Court stressed that the CAQM needs to be more proactive in ensuring its efforts result in reduced pollution. The Court agreed with Senior Advocate Aparajita Singh, acting as amicus curiae, that the Commission has not fully lived up to its responsibilities under the CAQM Act. The hearing followed a submission by the amicus curiae regarding the rise in stubble burning. During the hearing, Additional Solicitor General Aishwarya Bhati explained that penal action under Section 14 is seen as a "last resort" and that a collaborative approach works better with farmers. However, the bench pointed out that stubble burning remains a recurring issue every winter. Justice Masih, drawing from his personal experience as a native of Punjab, explained that farmers often burn stubble to quickly prepare their fields for the next crop. He mentioned that large harvesting machines leave behind stubborn stubble, and there are too few machines available to deal with the issue, highlighting the need for better alternatives. The Court was informed that certain equipment, funded by the central government, has been provided to farmers as an alternative to stubble burning, but more effort is needed to ensure these are used effectively. The CAQM’s Chairman, Rajesh Verma, who recently took charge, appeared virtually and said the Commission had held meetings with local officials in Punjab and Haryana. The Court directed the CAQM to submit a better affidavit detailing its compliance with the Act and the steps taken to enforce its provisions, including the recommendations of sub-committees. The case will be heard again next Thursday. Case : MC Mehta v. Union of India WP(c) 13029/1985 www.legalmeet.in