After SC calls Environment Protection Act ‘toothless,’ Centre doubles penalties for stubble burning

As per the new Rules, farmers with less than two acres of land holding will have to pay Rs 5,000, those with two to five acres will have to give Rs 10,000, and those with more than five acres will have to cough up Rs 30,000 for burning paddy stubble. Earlier, the compensation imposed on farmers with less than two acres of land holding was Rs 2,500, Rs 5,000 for those with two to five acres and Rs 15,000 for those with more than five acres for burning stubble.

The environmental compensation rates were first fixed by the National Green Tribunal’s principal bench in a November 2015 order. Taking cognisance of the contribution of stubble fires to Delhi-National Capital Region’s (NCR) air pollution, the NGT had ordered Punjab, Haryana, Uttar Pradesh, Rajasthan and Delhi-NCT governments to impose these penalties.

Additionally, the NGT had also stated in its 2015 order that the states would provide farmers machines to remove, collect and store crop residue, based on their land holdings.

Besides amending the rules to double the penalties for burning farm stubble, the Centre also notified the Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 on Wednesday. It laid down the process of filing complaints with pollution control boards, the Commission for Air Quality Management, and offices of the Union environment ministry. It also laid out the process of holding an inquiry on complaints against environmental pollution and that of adjudicating such complaints.

Further, the Centre also notified the Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024. It laid down the process of filing complaints with pollution control boards, the Commission for Air Quality Management, and offices of the Union environment ministry. It also laid out the process of holding an inquiry on complaints against environmental pollution and that of adjudicating such complaints.

In its October 23 order, the Supreme Court noted that after the Jan Vishwas Act was passed, prosecution for violation was replaced by penalties. However, Rules were not notified to give this provision an effect.

“The substituted Section 15 has been rendered completely ineffective due to inaction on the part of the Government of India. Neither the Rules are framed to support the said provision nor has the appointment of adjudicating officers as provided in Section 15C been made, though more than six months have elapsed since the date the substituted Section 15 came into force,” the bench of Justices Abhay S Oka, Ahsanuddin Amanullah, and Augustine George Masih said.

“As the adjudicating officers are not appointed under Section 15C, the law-enforcing machinery cannot impose penalties under Section 15. In the absence of machinery created by the Government of India, Section 15 as substituted has become toothless,” the order stated.

The apex court had also expressed displeasure over the selective and inadequate action to recover environmental compensation for burning paddy stubble. “Unless proper exercise of power under Section 15 of the Act is made, there cannot be any effective action against the wrongdoers. We expect the Government to take action within two weeks from today,” the bench said in the order.