Supreme Court’s Ruling on Stubble-Burning and Right to a Pollution-Free Environment

Source: This post on Supreme Court’s Ruling on Stubble-Burning and Right to a Pollution-Free Environment has been created based on the article “Stubble-burning violates right to live in a pollution-free environment: SC” published in The Hindu on 24th October 2024.

Why in news?

Recently, the Supreme Court criticized the ongoing issue of stubble-burning and the selective enforcement by the Punjab and Haryana governments.

The court emphasized that this practice infringes upon citizens’ right to a pollution-free environment.

About the judgement

1. Violation of Article 21: The Supreme Court declared that stubble-burning violates citizens’ fundamental right to live in a pollution-free environment as guaranteed under Article 21 of the Indian Constitution.

2. The court criticized the Punjab and Haryana governments for adopting a “pick-and-choose” approach when penalizing offenders. While some violators were penalized, many were allowed to escape with minimal fines, undermining law enforcement.

3. The court noted the failure of authorities to effectively implement existing laws, which has led to continued violation of fundamental rights related to environmental protection.

4. The court stressed the need for governments at the national and state levels to create comprehensive policies to protect citizens’ rights to live in a pollution-free environment.

5. The court observed that the issue of pollution, particularly air pollution, recurs every winter despite the court having passed multiple orders in previous years.

6. The court noted that there is no proper mechanism in place to ensure fines are collected and penalties are enforced, further weakening the legal framework.

Government Response and Future Steps

1. Funding for Stubble Burning Control: The court directed the Union government to consider Punjab’s request for additional funds to address the issue of stubble burning.

2. The court ordered the Centre and the governments of Delhi, Haryana, Uttar Pradesh, and Rajasthan to submit compliance reports on past court orders addressing various pollution issues, including vehicular pollution, the entry of heavy trucks into Delhi, and industrial pollution.

UPSC Syllabus: Polity and nation