The Wire Staff 
New Delhi: The Union government has doubled penalties on stubble burning, almost two weeks after the Supreme Court came down heavily on it and the governments of Punjab and Haryana for inaction over bad air quality and the imposition of paltry penalties for stubble burning. This change comes through a new amendment in the Commission for Air Quality Management (CAQM) by the central government on November 6, and the respective states will implement it with immediate effect as per a press release by the union environment ministry on November 7.
As The Wire had reported, the apex court had said that the amendment to the Environment Protection Act (1986) in 2023 has made the legislation “toothless” as there is now no adjudicating officer to enforce this provision.
Indian Express has reported that on November 6, the Union Ministry of Environment, Forest and Climate Change doubled penalties against stubble burning and notified new rules under the Environment Protection Act for filing complaints, holding an inquiry, and laying down the adjudication process against environmental pollution. These moves will come under the Commission for Air Quality Management in National Capital Region and Adjoining Areas (Imposition, Collection and Utilisation of Environmental Compensation for Stubble Burning) Amendment Rules, 2024. The new rules will come into effect immediately.
The report notes that the Union government has not placed a draft in the public domain for consultation.
The rules say that farmers who have fewer than two acres of land will have to pay Rs 5,000 as compensation for burning stubble. This was earlier Rs 2,500. Those with two to five acres will have to pay Rs 10,000 – an amount that was earlier Rs 5,000. Those with more than five acres will have to pay a fine of up to Rs 30,000, which was half earlier.
The Supreme Court had said that this earlier nominal amount gave a licence to violators.
“We will tell you very frankly that you are giving signal to violators that nothing will be done against them,” it said.
Under the new Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024, the Union government has illustrated the procedure of filing complaints with pollution control boards, the Commission for Air Quality Management, and offices of the Union environment ministry. As per a press release by the Ministry of Environment, Forest and Climate Change on November 7, the CAQM has issued the order on November 7 to the Chief Secretaries of Punjab, Haryana, Uttar Pradesh, Rajasthan and Delhi to ensure that the revised rates of penalties are imposed on erring farmers, and with immediate effect.