The Supreme Court today pulled up Punjab and Haryana for not taking penal action against farmers who resort to stubble burning, which is considered to be a major reason for the pollution and declining health standards in Delhi and adjoining north Indian states.
A bench comprising Justice Abhay S Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih said that all the states have done is recover nominal compensation from the farmers who indulge in stubble burning. It further noted that the Commission for Air Quality Management (CAQM) has also not taken any steps to ensure that its own directions are implemented by the states.
The court added that for different reasons, they do not want to prosecute anybody, and it is the problem as simple as that. It underlined that the states do not want to take penal action but only hold meetings. It continued that the Commission itself prima facie does not seem to be taking any efforts for follow ups on implementation of its directions regarding enforcement and safeguarding.
Punjab contended that farmers are not able to use happy seeder machines, which removes stubble, because 70% farmers are marginal and will have to employ drivers and use diesel, which they are not willing.
Punjab Advocate General (AG) Gurminder Singh added that they wrote to Delhi for subsidies too subject to centre agreeing but for about 1200 crores and 375 crores each from Delhi and Punjab. He added that the states are not empowered to resort to penal action. Countering the submission, the court said that the state can resort to penal action under the Environment Protection Act.
Subsequently, it ordered States of Punjab and Haryana to comply with the directions of CAQM and file compliance affidavits within a week. It also directed the Commission to ensure firm steps are taken to ensure implementation of its directions. The apex court was hearing a case concerning air pollution in Delhi.
In the earlier hearing, it had pulled up CAQM for failing to take adequate steps. Notably, this was after it had sought an explanation from the CAQM on what measures were being taken against those violating restrictions on stubble burning.
The Bench today persisted with its line of questioning on lack of penal action against farmers who burn stubble instead of using happy seeder machines. Appearing for minor children, Senior Advocate Gopal Sankaranarayanan said that the machine itself will not be sufficient.
He added that Happy seeder machines by itself won’t be enough as they don’t need diesel but the tractors do. The Supreme Court examined the affidavits filed by parties and said that no effort was being made by CAQM for implementation of its own directions.
The court remarked that not a single prosecution has been initiated and the last meeting was only held on August 29. It added that only 5 out of 11 members were present and it did not discuss implementation of directions. It further continued that as far as non utilisation of grants is concerned, the Punjab AG submitted that marginal farmers cannot afford to engage drivers for tractors or diesel.
Consecutively, it ordered States of Punjab and Haryana and the Central government and CAQM to file affidavits within a week. The matter will be heard next on April 16.