38.6c New Delhi, India, Thursday, October 30, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Environment

Citizens have a right to live in pollution free environment: SC

By Jhanak Sharma      24 October, 2024 10:37 AM      0 Comments
Citizens have a right to live in pollution free environment SC

NEW DELHI: The Supreme Court on Wednesday told the Centre and state governments of the right of the citizens’ to live with dignity and in a pollution free environment.

In view of reported instances of stubble burning in neighbouring states, a bench of Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih also rapped the Centre for rendering the Environmental Protection Act "toothless" by substituting the provision for prosecution of the wrongdoers with the recovery of penalty.  

Supreme Court Criticizes Government’s Inaction on Pollution Control

The bench also noted that Commission for Air Quality Management in National Capital Region and Adjoining Areas Act of 2021 (CAQM Act) was enacted without creating required machinery for implementing the provision to curb air pollution.

Considering a matter related to air pollution, the bench said these are not the matter of only implementing the existing laws, these are the matters of blatant violation of fundamental right guaranteed under Article 21 of the Constitution.

The air quality in the national capital has worsened as "very poor", with several areas falling into "severe" zone.

Lack of Enforcement and Coordination Between Agencies Highlighted by the Bench

The court said that governments have to address the question of how they are going to protect the right of citizens to live with dignity and a pollution free environment.

“Therefore, it is high time that governments and all authorities note that this litigation is not an adversarial litigation. This litigation is only to ensure that laws related to the environment are strictly complied with so that constitutional rights of citizens are upheld," the bench said.

The chief secretaries of both Haryana and Punjab apprised the court about the steps taken to curb the menace of stubble burning.

The bench said what precise action has been taken by a large number of officers is specifically not placed on record. Haryana chief secretary said instances of stubble burning have been reduced considerably.

The court noted in case of both governments, Haryana and Punjab, selective action has been taken and in some cases governments claimed that they have recovered the compensation and in few cases they claimed that they have registered FIRs, while the environmental compensation stated to be recovered is minimal.

In view of amendment made to Section 15 of Environment Protection Act, the bench said, “The provision has been rendered completely ineffective due to inaction on the part of government of India.”

The court also found no appointment of adjudicating officer has been made, though a period of more than six months has elapsed, and the law enforcing machinery cannot impose penalty under Section 15.

“In the absence of machinery created by the government of India, Section 15 has been amended and become toothless, and there is nothing in the hands of law enforcing authorities to strictly enforce provision of Environment Protection Act,” the bench said.

“Therefore, those who violate the laws related to the environment are scot-free, as no action can be taken against them," the bench said.

Additional solicitor general Aiswarya Bhati on behalf of the Centre said the entire machinery will be in existence within 14 days.

This year, there are 1084 identified cases of stubble burning in Punjab, the bench noted.

“However, compensation has been recovered from 473 persons. As far as Haryana is concerned there are 419 cases identified. FIR lodged against 32 of the wrongdoers and in case of 320 wrongdoers’ nominal compensation has been recovered. Prime facie it appears to us that the penal provisions are not implemented by both states,” the court said.

Bhati said that CAQM has issued notices to senior administrative officials of Punjab and Haryana besides officials of the state pollution control boards. She said the commission has sought their response as to why action should not be taken against them.

The bench, however, asked her, "Who is taking your notices seriously as the procedure is not provided under the law!"

The bench said that penal action should be taken against those officials who have not implemented the directions, instead of setting criminal law in motion, the commission has merely issued show cause notices.

"Please tell your chairperson of CAQM not to bail out these officials. We know what is happening on the ground," the bench told Bhati.

The court was informed that over 1,000 cases of stubble burning have taken place in several districts of Punjab like Amritsar, Ferozepur, Patiala, Sangrur, and Taran Taran.

The bench stressed the coordination between the commission and state authorities is absolutely necessary.

It also noted that an important committee under the Act is not functioning properly because the number of members are remaining absent.

The bench was informed that show cause notices have been sent to the secretary (environment) and additional chief secretary (agriculture) of both Punjab and Haryana.

On October 16 also, the court had slammed the apathy shown by state governments, Punjab and Haryana, in finding a solution to the menace of stubble burning, one of the major contributors towards air pollution in the capital, which has existed for decades. 



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

lawyers-to-stop-arguing-when-court-indicates-its-mind-sc
Trending Judiciary
Lawyers to stop arguing when court indicates its mind: SC [Read Judgment]

SC: Lawyers must stop arguing once court indicates its mind, stressing that harmony between Bench and Bar ensures dignified court functioning.

29 October, 2025 04:25 PM
wangchuks-detention-order-suffers-from-gross-illegality-and-arbitrariness-activists-wife-tells-sc
Trending Judiciary
Wangchuk's detention order suffers from gross illegality and arbitrariness, activist's wife tells SC

Wife of activist Sonam Wangchuk tells SC his detention under NSA suffers from illegality, citing stale FIRs, procedural lapses, and denial of fair representation.

29 October, 2025 04:35 PM

TOP STORIES

delhi-hc-grants-interim-protection-to-kumar-sanus-personality-rights-restrains-unauthorised-use-of-voice-and-image
Trending Judiciary
Delhi HC Grants Interim Protection To Kumar Sanu’s Personality Rights, Restrains Unauthorised Use of Voice and Image [Read Order]

Delhi HC grants interim protection to Kumar Sanu, restraining unauthorized AI use of his voice, image, and likeness to safeguard personality rights.

24 October, 2025 11:04 AM
orissa-hc-restores-fathers-visitation-rights-says-child-entitled-to-love-and-affection-of-both-parents
Trending Judiciary
Orissa HC Restores Father’s Visitation Rights, Says Child Entitled To Love And Affection Of Both Parents [Read Order]

Orissa High Court restores biological father’s visitation rights, holding that every child is entitled to love and affection of both parents.

24 October, 2025 11:50 AM
centre-writes-to-cji-to-nominate-justice-surya-kant-as-successor
Trending Legal Insiders
Centre writes to CJI to nominate Justice Surya Kant as successor

Centre writes to CJI B R Gavai recommending Justice Surya Kant as the next Chief Justice of India; he is set to assume office on November 24, 2025.

24 October, 2025 07:53 PM
sc-quashes-uapa-arrests-holds-remand-courts-explanation-cannot-replace-written-grounds-of-arrest
Trending Judiciary
SC Quashes UAPA Arrests, Holds Remand Court’s Explanation Cannot Replace Written Grounds Of Arrest [Read Order]

Supreme Court quashes UAPA arrests, ruling that remand court’s explanation cannot substitute the mandatory written grounds of arrest.

25 October, 2025 11:10 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email