SC pulls up Centre for making environmental laws 'toothless'

New Delhi : The Supreme Court on Wednesday pulled up the Centre for making the environment protection law "toothless," even as it asserted that there is a fundamental right for every citizen of India to live in a pollution free environment.

A bench of Justices Justices Abhay S Oka, Ahsanuddin Amanulllah, and Augustine George Masih also pulled up the Punjab and Haryana governments for not implementing court orders in cases of stubble burning.

"Time has come to remind us to the Government of India and state governments that there is a fundamental right of every citizen of India to live in a pollution free environment," the bench said. "These are not the matters of implementing the existing laws but these are matters of blatant violation of fundamental rights guaranteed under Article 21 of the Constitution of India," it added. It noted that in Punjab more than 1,000 and in Haryana more than 400 cases of stubble burning have been reported till now. The court said it is not only a question of implementing the orders of the commission (Commission for Air Quality Management) and taking action for breaches of law, the governments must also address the question how they are going to protect the lives of citizens and allow them to live with dignity and in a pollution-free environment.

"Therefore, it is high time that the governments and all other authorities note that this litigation is not an adversarial litigation and this litigation is to only ensure that laws related to the environment are strictly complied with, so that the constitutional rights of the citizens are upheld," the bench said. The top court was hearing a plea filed by MC Mehta in 1985 seeking directions to curb air pollution in the national capital and adjoining areas. The bench said in matters of environment protection, the court needs to pass harsh orders, which many people may not like it.

It observed that the Centre amended section 15 of the Environment Protection Act, substituting it with a provision relating to punitive action that diluted the rigours of the environmental law. It said the amended provision came into force April 1, 2024 but it has been rendered completely ineffective due to "inaction" on part of the Centre.

"Neither rules are framed for supporting the said provision nor appointment of adjudicating officers have been made for more than six months now. As adjudicating officers are not appointed under section 15 (c), obviously the law enforcing machinery cannot impose penalties under section 15," it said. "In absence of machinery created by the Government of India, section 15 as amended has become 'toothless' and there is nothing in the hand of authorities to strictly enforce the provisions of environment protection Act," it added.