New Delhi [India], October 23 : The Supreme Court on Wednesday slammed the Haryana and Punjab governments for failure to take action against stubble burning in the states and said it is a fundamental right of all citizens to live in a clean and pollution-free environment.
A bench of Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih also took strong exception to the Punjab and Haryana governments for not taking action against individuals for stubble burning and only nominal fines were being collected in some cases.
The bench said that if the Punjab and Haryana governments were genuinely interested in enforcing the law, there would have been at least one prosecution.
In its order, the apex court noted that both the state governments -Punjab and Haryana- are picking and choosing people in collecting compensation and registering FIRs.
"Time has come to remind Union, and both the states that there is a fundamental right subsisting with the citizen to live in a pollution-free environment. These are matters of blatant violation of fundamental rights under Article 21. It is just not a violation of orders of the Commission (CAQM) but the government has to answer its ownself as to how it is going to protect the citizen's right to live with dignity and a pollution-free environment. This litigation is not adversarial and is only litigation for us to ensure that citizens rights to live with dignity and clean environment are upheld," the bench said.
The top court also reviewed the affidavits submitted by the Haryana and Punjab Chief Secretaries, who were present in person before the bench.
It also slammed the Central government for making environment laws 'toothless' saying that the Commission for Air Quality Management (CAQM) Act provision on the penalty for stubble burning was not implemented.
It told Additional Solicitor General Aishwarya Bhati, representing Centre, that the CAQM Act was enacted without creating the required machinery for implementing the law to curb air pollution.
ASG assured the top court that regulation on penalty under the CAQM Act for stubble burning will be issued in 10 days.
The apex court was hearing a case relating to air pollution in the city.
Posting the air pollution matter after Diwali, the top court said it will look into issues of pollution created by transport in Delhi, Delhi and peripheral industries, entries of heavy trucks and open garbage burning.