Environmental Protection Act 'Toothless': SC Pulls Up Centre As Delhi Air Quality Deteriorates

The Supreme Court on Wednesday slammed the Centre, calling environmental protection law "toothless" and pointed out the ineffective enforcement of the CAQM Act, which aims to tackle the issue of stubble burning.

Justices Abhay S Oka, Ahsanuddin Amanullah, and Augustine George Masih expressed their dissatisfaction, pointing out the lack of necessary mechanisms to implement the Act effectively. This act, introduced to curb air pollution through stringent penalties for stubble burning, appears to have fallen short of its objectives.

Additional Solicitor General Aishwarya Bhati, representing the government, assured that regulations under Section 15 of the Act, which imposes penalties for stubble burning, would soon be activated. Bhati committed to appointing an adjudicating officer and taking all required steps within the next ten days to ensure the law's effective enforcement.

The issue of stubble burning, particularly in the northern states of Punjab and Haryana, was under the spotlight as Bhati highlighted the issuance of notices by the Commission for Air Quality Management (CAQM) to senior officials in these states.

Over 1,000 incidents of stubble burning were reported in districts such as Amritsar, Ferozepur, Patiala, Sangrur, and Taran Taran in Punjab, leading to severe air quality degradation. The court urged the CAQM to ensure that its notices are taken seriously and not to absolve officials of their responsibilities, reflecting the court's awareness of the ground realities.

Previously, on October 16, the apex court had reprimanded the Punjab and Haryana governments for their failure to prosecute violators of stubble burning laws effectively. The court's summoning of the state chief secretaries for an explanation on October 23 underscores the judiciary's proactive stance on environmental issues.

Legal and Environmental Implications

The court's intervention underscores the critical importance of effectively implementing environmental laws and regulations. With air pollution reaching alarming levels, particularly in the National Capital Region, the judiciary's role becomes pivotal in ensuring that legislative tools like the CAQM Act are not just symbolic but actively contribute to pollution control.