"Stubble Burning Violates Right to Pollution-Free Environment: Supreme Court"
The Supreme Court has emphasized that stubble burning is not just a legal issue but a violation of citizens' basic right to live in a pollution-free environment, as guaranteed by Article 21 of the Constitution. The Court reminded both the Indian government and state governments that it is their duty to protect this fundamental right. A bench of Justices Abhay Oka, Ahsanuddin Amanullah, and Augustine George Masih was hearing a case related to air pollution in Delhi NCR, particularly focusing on stubble burning in Punjab and Haryana. The Court criticized the lack of strict action by both state governments and the Commission for Air Quality Management (CAQM) in controlling stubble burning. The Court pointed out that while Punjab and Haryana claim to be monitoring the situation, they failed to show clear evidence of specific actions taken. The states were also criticized for punishing only a few violators with FIRs, while most were given minimal fines, which the Court said seemed like giving people a license to break the law. The Haryana Chief Secretary explained that efforts have reduced the number of stubble fires, but the Court noted that out of hundreds of cases, very few FIRs had been filed, and most offenders only paid small fines. The Court questioned why selective action was being taken, with some violators arrested while others were only fined. The Court also raised concerns about political reluctance to prosecute farmers, suggesting that political reasons might be preventing stricter enforcement of the law. The Punjab government was also called out for giving false information about seeking funds for farmers to get tractors and drivers to help with stubble management. The Supreme Court has now asked the Union Government to address Punjab's request for additional funds and directed a decision to be made within two weeks. The case will be heard again on November 4. Case no. – WP (C) 13029/1985 Case Title – MC Mehta v. Union of India www.legalmeet.in