Take punitive action as per air quality panel’s directives: Agri Dept to DCs, SPs

Haryana’s Agriculture Department today asked all Deputy Commissioners and Superintendents of Police, and all Deputy Directors of Agriculture to ensure punitive action against farmers burning stubble, as per the apex court directives.

The Supreme Court on October 16, in MC Mehta vs Union of India and others, said, “Penal action as contemplated by clause 14 of the direction (given by Commission of Air Quality Management) issued on June 10, 2021, has not been taken, even in a single case. Though even going by the said affidavit, there were as many as 191 cases of fire till October 12, 2024, only nominal fine has been recovered. Even the machinery, as contemplated by paragraph 14 of the said order, has not been set up. The order of the commission is in force for the last more than three years.”

On June 10, 2021, the Commission of Air Quality Management (CAQM) asked the states to deploy officers on an area-specific basis to ensure ban orders on stubble burning are complied with, end-to-end reporting of each fire incident and appropriate coercive and punitive action, including registration of FIRs or prosecution under Section 15 of the Environment (Protection) Act of 1986, and other relevant laws in cases of crop residue burning.

It was directed that the “police shall particularly render special assistance to the District Administration for monitoring of hot spots where large-scale incidents of burning of crop residue have been observed in previous years”.

On red-ink entries, it was directed “to ensure that patwaris enter the girdwari register, or similar such records prevalent in various states, with a red-ink entry against the fields or farm owners where from the incidents of burning of crop residue have been reported”. It was further added, “A system of penal measures or disincentives needs to be built-in and enforced for every violators or such red-ink entry cases. The disincentives may include withholding of concessions of electricity charges, water charges, fertilisers, etc.”

Regarding disincentives, Haryana has recently ordered that they would not allow violators to sell their produce for the next two seasons through e-Kharid portal.

Haryana’s Director of Agriculture, Rajnarayan Kaushik, today asked all DCs and SPs to take action as per the 2021 directions of CAQM and invoke Section 15 of Environment (Protection) Act, 1986, and Sections 223 (for showing disobedience to an order duly promulgated by public servant) and 280 (for causing pollution) of Bharatiya Nyaya Sanhita (BNS) against violators.

Stress on ‘Disincentives’ to curb malpractice

• It has been emphasised that a system of penal measures or disincentives needs to enforced for every violator or red-ink entry case. Disincentives may include withholding of concessions of power and water charges, fertilisers, etc.”
• On red-ink entries, it has been directed “to ensure that patwaris enter the girdwari register, with a red-ink entry against the fields or farm owners where from the incidents of burning of crop residue have been reported”