Stating that it is a fundamental right of the citizens to live in a clear and pollution-free environment under Article 21 of the constitution guaranteeing the right to life, the Supreme Court on Wednesday criticised the Punjab and Haryana governments for their failure to take action against the farmers involved in stubble burning worsening the air pollution in the national capital and the adjoining areas.

Taking strong exception to the Punjab and Haryana governments’ inaction against individuals involved in stubble burning and imposing nominal fines only in some cases, a bench comprising of Justice Abhay S. Oka, Justice Ahsanuddin Amanullah, and Justice Augustine George Masih said if the Punjab and Haryana governments were genuinely interested in enforcing the law, there would have been at least one prosecution.

The bench, in its order, said both the state governments are picking and choosing people to collect compensation and registering FIRs.

“Time has come to remind the Union (of India), and both the states that there is a fundamental right subsisting with the citizens 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 itself as to how it is going to protect the citizen’s right to live with dignity and in 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 perused the affidavits by the Chief Secretaries of Punjab and Haryana who were present in the court in person in pursuance to the October 16 order directing their presence.

Besides Punjab and Haryana, the top court’s stick also extended to the Central government as it slammed it (the Central government) for making ‘toothless’ environment laws, stating that the Commission for Air Quality Management (CAQM) Act provision on the penalty for stubble burning was not being implemented.

The court told the Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the central government, that the CAQM Act was enacted without creating the required machinery for its implementation to curb air pollution.

ASG Aishwarya Bhati assured the court that regulation on penalty under the CAQM Act for stubble burning will be issued in 10 days.

Posting the matter for hearing after Diwali, the top court said it will look into the issue of pollution created by transport in Delhi, and the peripheral industries, entries of heavy trucks and vehicles, and open burning of garbage.