Central government to double penalties for stubble burning after Supreme Court arrest – everything you need to know

The central government on Wednesday (November 6) doubled the penalties against stubble burning and notified new rules under the Environment Protection Act (EPA), 1986 for filing complaints, conducting investigations and laying down the adjudication process for environmental pollution.

This comes about two weeks after the Supreme Court called the Environment Protection Act (EPA), 1986 and the small fines for stubble burning ‘toothless’.

The Union Government has notified the Commission for Air Quality Management in the National Capital Region and Adjoining Areas (Imposition, Collection and Utilization of Environmental Compensation for Stubble Burning) Amendment Rules, 2024, regarding doubling of environmental compensation imposed for burning of stubble.

The amended rules have been notified under the Commission for Air Quality Management in the National Capital Region and Adjoining Areas Act, 2021, and will come into effect immediately, without any draft being placed in the public domain for public consultation. Indian Express reported.

Under the updated rules, penalties for stubble burning vary by land size: farmers owning less than two hectares will be fined Rs 5,000; those with two to five hectares, Rs 10,000; and more than five hectares, Rs 30,000.

Earlier, the fines were fixed at Rs 2,500, Rs 5,000 and Rs 15,000 respectively.

Moreover, the government has notified the Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024, which sets out the process of filing complaints with the Pollution Control Boards, Air Quality Management Commission and offices of the Ministry of Environment of the Union.

It also laid down the process for initiating investigations into complaints of environmental pollution and for adjudicating such complaints.

In its October 23 ruling, the Supreme Court noted that after the Jan Vishwas Act was passed, prosecution for offense was replaced by punishment.

However, no rules have been published to give effect to this provision.

“The replacement Section 15 has become completely ineffective due to the lack of action on the part of the Government of India. “Neither the Rules have been framed to support the said provision nor has the appointment of arbitrators as provided in Section 15C been made even though more than six months have elapsed since the date on which the substitute Section 15 came into force,” said the court of Justices Abhay S. Oka, said Ahsanuddin Amanullah and Augustine George Masih.

“Since the jury members have not been appointed under Section 15C, the law enforcement machinery cannot impose sanction under Section 15. In the absence of a machinery created by the Government of India, Section 15 as a substitute has become toothless,” the order said .

The Supreme Court also expressed displeasure over the selective and inadequate action to recover environmental compensation for stubble burning.

“Unless there is proper exercise of power under Section 15 of the Act, no effective action can be taken against the offenders. We expect the government to take action within two weeks from today,” the bench said in the order.

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