Supreme Court urges Centre to consider penalising stubble burning to curb Delhi-NCR pollution while protecting farmers’ livelihood.
Case in NewsSupreme Court On Penalising Farmers For Stubble Burning highlights CJI’s concern over deterrent penal provisions . |
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Case Overview
The Supreme Court of India led by CJI BR Gavai and Justice K Vinod Chandran, examined the issue of Air Pollution in Delhi-NCR caused by Stubble Burning . During the hearing, the Court questioned the absence of specific penal provisions under the Environment Protection Act, 1986 while the CAQM Act, 2021 imposes liability only on erring officials .
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Key Aspects
The Court noted that stubble burning continues to be a major factor in Delhi-NCR pollution . It engaged with the Centre and the State of Punjab on whether penal provisions should directly target farmers .
- Farmers’ stubble burning is a recurring cause of severe winter pollution in Delhi-NCR .
- The Union clarified that withdrawal of prosecutions was due to national policy favouring farmers .
- Punjab argued that prosecuting small farmers harms livelihoods; “red entry” mechanism acts as deterrent .
- Amicus curiae noted farmers burn stubble due to shorter crop cycles after delayed sowing .
Legal Insights
The Court also analysed the applicable legal provisions stressing the need for balance between environmental protection and farmers’ rights .
- Environment Protection Act, 1986 (Sections 15 & 16) : Provides for penalties but no direct mention of stubble burning .
- CAQM Act, 2021 (Sections 12 & 15) : Penalises officers failing to act but leaves gap regarding farmers’ liability .
- Article 21, Constitution of India : Ensures right to life and clean environment for citizens.
- Article 48A, Directive Principles : Mandates State to protect and improve environment .
- Supreme Court’s Power under Article 32: Can issue mandamus to enforce environmental safeguards .
Court’s Verdict
The Supreme Court asked the Centre to consider penalising stubble burning as a deterrent against pollution while balancing farmers’ livelihood concerns . The Court warned it may issue a mandamus if the Union fails to address the issue .
Source – Supreme Court of India
Read also – Constitution of India
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