Union government is planning to impose a penalty of up to Rs 15 lakh for offenses related to pollution and environment and up to a Rs 15,000 spot fine for stubble burning ahead of Diwali, a report by Mint suggested.
The government is now planning to amend the Environment (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981, according to the officials cited in the report. One of them told Mint that the government has decided to decriminalise stubble burning and other environment-related offenses and imprisonment is being replaced with a penalty.
In the existing rules, violators are charged with imprisonment for three years. The idea is to fast-track cases because cases get extended in court without any resolution, the official said. "The range could be Rs 10,000 to Rs 15 lakh for all types of violators, and Rs 2,500–15,000 per incident for farmers found burning stubble," the official added.
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Farmers will be penalised on the spot for burning crop residue by the Commission for Air Quality Management with the help of local officers, said another official cited in the report.
Blatant Violation of Fundamental Right: SC
This comes after Supreme Court last week pulled the Centre for inefficient implementation of existing laws and “blatant violation” of citizens’ right to live in a pollution-free environment under Article 21. The apex court pointed out that a proper machinery for collection of fines under Section 15 of the Environment (Protection) Act, 1986 had not been formulated.
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It said continuing cases of stubble burning and the “pick-and-choose” policy adopted by the Punjab and Haryana governments to penalise a few while letting many violators go “scot-free” after paying a nominal fine violated citizens’ right to live in a pollution-free environment.
Section 15 outlines the penalties for violating the provisions of the Act. Penalties include five years of imprisonment and Rs 1 lakh as fine.
Additional Solicitor General Aishwarya Bhati, appearing for both the Centre and the Commission for Air Quality Management (CAQM), had said the entire machinery would be put in place within two weeks.
Justice AS Oka-led bench had ordered the Centre and the governments of Delhi, Haryana, Uttar Pradesh and Rajasthan to file compliance reports in the next two weeks on the past orders of the court on issues including vehicular pollution in Delhi, entry of heavy trucks into the capital and industrial pollution.
Worsening Air Quality in the Capital
The air quality index (AQI) in Delhi has remained in 'very poor' category for several days now. It was 328 in the capital city on Monday, according to data from System of Air Quality and Weather Forecasting And Research. It was 356 on Sunday. AQI even slipped to 'severe' category in some regions in the city. Central Pollution Control Board reported that the AQI at Anand Vihar was 405 on Sunday. An AQI reading of 201–300 is categorised as ‘poor’, 301–400 as ‘very poor’ and 401–500 as ‘severe’.
The air quality in the national capital is expected to deteriorate in the coming days, triggered by Diwali and fire crackers.
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