Supreme Court criticized the Center in the matter of stubble burning, every citizen has the fundamental right to live in a pollution free environment…

New Delhi: In the matter of large-scale stubble burning in states neighboring the capital Delhi, the Supreme Court on Wednesday reminded the Central and State governments of the right of citizens to live with dignity and in a pollution-free environment and to protect the environment through amendments. Slammed the Center for making the Act “toothless”. The court said that the provisions of Section 15, which required prosecution of wrongdoers, were replaced with a provision for levy of fine. The Supreme Court asserted that the Commission for Air Quality Management Act 2021 (CAQM Act) in the National Capital Region and Adjoining Areas was implemented without creating the necessary machinery to implement the provision of preventing air pollution in a pollution-free environment. Fundamental Right to Live It is a fundamental right to live in a pollution free environment.

Let us tell you that the air quality in the national capital was recorded in very poor category on Wednesday, while many areas fell in the severe category. While pronouncing the order, Justice Oka said that this is not just a matter of implementing the existing laws, it is a matter of flagrant violation of the fundamental right granted under Article 21 of the Constitution. Laws related to environment should be strictly followed, Justice Oka stressed. He said that governments have to address the question of how to protect citizens' right to live with dignity and a pollution-free environment. Therefore, it is high time that governments and all authorities take note that this lawsuit is not an adversarial lawsuit. This lawsuit is only to ensure that the laws related to the environment are strictly followed, so that the constitutional rights of the citizens can be maintained.

The bench said that the exact action taken by a large number of officers has not been clearly placed on record. The Chief Secretary of Haryana said that there has been a significant reduction in the incidents of stubble burning. To this, Justice Oka said that in the case of both the Haryana and Punjab governments, we find that selective action has been taken and in some cases the governments are claiming They are claiming that they have recovered the compensation and in some cases they are claiming that they have filed an FIR, and the environmental compensation recovered is minimal. The bench further said that now the provisions of Section 15, which required prosecution of wrongdoers, have been replaced by a provision for levying fine on them. Justice Oka said, “This provision has not been fully implemented due to the inaction of the Government of India. “Kind of become ineffective.” He said that despite lapse of more than 6 months, Adjudication Officer has not been appointed and the law enforcement machinery cannot impose penalty under Section 15

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