Environment Ministry mulls revising penalties for stubble burning, in talks with Law ministry

The government’s proposal to increase the compensation comes in the backdrop of the Supreme Court taking a dim view of the government’s selective and inadequate action to recover environmental compensation for burning paddy stubble. The Supreme Court had also pulled up Centre for not giving effect to provisions of the Jan Vishwas Act, 2023, which had decriminalized environmental offences under the Environment Protection Act, Air Act and Water Act.

Currently, CAQM has adopted the formula laid down by the National Green Tribunal for imposing environmental compensation on farmers for stubble burning. The CAQM also has the aid of the Commission for Air Quality Management in the National Capital Region and Adjoining Areas (Imposition, Collection and Utilization of Environmental Compensation for Stubble Burning) Rules, 2023 and section 15 of the CAQM Act, 2021, empowers it to collect an environmental compensation.

As per the existing norms, famers with less than two acres of land holding have to cough up Rs 2,500 for burning paddy stubble, Rs 5,0000 for those with two-five acres and Rs 15,000 for those with more than five acres.

During their hearing on October 23, in which chief secretaries of Punjab and Haryana were present, the apex court directed the Centre to take action under Section 15 of the CAQM Act, 2021, which empowers the commission to collect compensation. “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,” a bench of Justice Abhay S.Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih said in its order.

The court will take up the air pollution matter again on November 4. A day ahead of Diwali, Delhi’s air quality was hovering in the poor category on Wednesday. However, with wind directions changing from southeasterly to northwesterly, it is expected that the pollution load from smoke of farm stubble fires may rise on Diwali and days after that.