Environment Protection Law 'Toothless': SC Raps Centre Over Not Implementing CAQM Act | Delhi Pollution

Taking cognisance of the aggravating air quality in the national capital region, the Supreme Court on Wednesday pulled up the BJP-led Centre for making the environment protection law “toothless" while highlighting that the provision under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act of 2021 (CAQM Act) which penalises stubble burning was not being implemented.

What did the top court say?

Slamming the Centre over enacting the CAQM Act without creating the required machinery for implementing the provision, a bench of Justices Abhay S Oka, Ahsanuddin Amanulllah and Augustine George Masih said, "We will take the Union of India to task... it has not created any machinery. The Environmental Protection Act has become toothless. You have got rid of punishment and replaced it with a penalty by amending Section 15 and the procedure to be followed for imposing a penalty cannot be followed."

Responding to the apex court's allegation, Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said section 15 of the CAQM Act, which deals with penalty for stubble burning, will be implemented effectively as regulations for it will be issued in 10 days and also submitted that an adjudicating officer would be appointed.

Furthermore, Bhati highlighted that notices have been issued by the CAQM to senior administrative officials of Punjab and Haryana besides officials of the state pollution control boards seeking responses on why action should not be taken against them.

However, the bench questioned the seriousness of the notices served by the CAQM as the procedure is not provided under the law. "Please tell your chairperson of CAQM not to bail out these officials. We know what is happening on the ground," the bench said.

"If these governments and you (Centre) were seriously ready to safeguard the environment, then everything would have been done before amendment to Section 15. This is all political, nothing else," the court said.

Air pollution: GRAP II implemented in Delhi

On Wednesday, the air quality in the national capital was recorded in the "very poor" category, with several areas falling into the "severe" zone as well.

In view of the exacerbating air quality ahead of the winter season, the Central Pollution Control Board on Monday invoked the second stage of the Graded Response Action Plan (GRAP) in the national capital. As per rules, the use of coal and firewood as well as diesel generator sets are banned now.

The decision was taken after comprehensively reviewing the air quality scenario in the region, an official statement said here.

SC raps Punjab, Haryana over air pollution

Recently, the apex court lambasted the Punjab and Haryana governments over inaction on violators found guilty of stubble burning. The state chief secretaries were directed to appear before the court today, October 23, for an explanation.

On October 3, the Supreme Court addressed Delhi's annual air pollution problem as well and slammed the central government and the state governments of Punjab and Haryana over inaction.

The matter was heard by a bench comprising of Justices AS Oka, A Amanullah and AG Masih. While hearing the matter, the top court criticised the three governments and said that "the harsh reality is that everybody knows that except discussion, nothing is happening."