Living in pollution-free environment is citizens' fundamental right: SC

Miffed over the inaction of central and state authorities on the rising air pollution in Delhi-NCR caused by stubble burning, the Supreme Court on Wednesday said that the right to live in a "pollution-free environment" is a "fundamental right".

A bench comprising justices Abhay Oka, Ahsanuddin Amanullah and Augustine George Masih expressed its strong displeasure over inaction by the Centre against violators and errant state officials who have failed to proceed against those indulging in stubble burning.

SC observed that it was prima facie clear that the Centre was not taking any penal action against the violators. The bench said that time has come to remind the central and state governments of Punjab and Haryana 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 (right to life and liberty)".


The top court added that the "government has to answer itself as to how it is going to protect the citizens' right to live with dignity and a pollution-free environment". The bench clarified that it is "not an adversarial litigation" and its sole purpose is to "ensure that citizens' rights to live with dignity and clean environment are upheld".

SC also cornered the Commission for Air Quality Management (CAQM) for defying its orders for the past three years. "What action has been taken by you under Section 14 against erring officials? We will take the Union of India to task as they submit that Section 15 which provides for penalty has been amended. You don't have the adjudicating officer to enforce it. The Environmental Protection Act, 1986, has been made toothless," the bench told the counsel for the commission.

Speaking for the bench, justice Oka verbally observed: "Don't bail out these people. We are telling you very seriously. If these governments and you were seriously ready to safeguard the environment, then everything would have been done before amendment to Section 15." Mincing no words, justice Oka said that "this is all political, nothing else".

As ordered at the last hearing, the chief secretaries of Punjab and Haryana were present in SC. The top court hauled up the Punjab government for collecting nominal fines (₹2,500 each) from errant farmers. The counsel for the Punjab government informed the bench that the said fine was fixed by CAQM.

Unimpressed, SC observed that letting violators off by paying such a nominal fee was tantamount to "giving licence" to violators. "That's incredible. How much less amount? We will tell you very frankly that you are giving a signal to violators that nothing will be done against them. This has been happening for the past three years," the bench added.

The top court also lambasted states of Punjab and Haryana for being "selective" as to whom it was collecting compensation from and registering criminal cases against for contributing to air pollution.

Questioning the states for "cherry picking" the violators, justice Oka further verbally asked: "Is there some policy designed by you where you select a few for compensation and a few for prosecution?"He added that "there needs to be reconsideration of compensation."

When the top court was informed by the state counsels that the number of violations has come down, the bench retorted that the numbers are reducing because the states are not taking action. "Don't be happy about it," Justice Amanullah added.

The apex court directed the Centre to amend the law so as to increase the environment compensation cess levied on farmers who indulge in stubble burning and errant officials who fail to act on the same.

The bench said that at the next hearing it would look into the issues limited to pollution in Delhi caused by transport vehicles, industries and open burning of garbage.