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The Supreme Court recently observed that stubble burning is not just an issue of breach of law but it also encompasses the violation of fundamental rights under Article 21 of the Constitution.
BACKGROUND: MUST READ ARTICLE ON STUBBLE BURNING: https://www.iasgyan.in/blogs/stubble-burning-an-in-depth-analysis
The court observed that stubble burning encompasses the violation of the fundamental right to the environment under Article 21 of the Constitution.
The court referred to Section 15 of the Environment (Protection) Act, 1986, which provides for penalties of up to five years in prison and fines of ₹1 lakh for causing harm to the environment.
The court ruled that there is a lack of a proper system in place to collect these fines and questioned the role of the Commission for Air Quality Management (CAQM) in this regard.
The court observed that there is a gap between the number of stubble-burning cases reported and the actual penalties imposed for violations.
The court directed that the Union government should consider the request of the Punjab
government for more funds to fight stubble burning.
The court also directed the central government and the state governments of Delhi, Haryana, Uttar Pradesh, and Rajasthan to submit reports on how they are handling pollution issues within 2 weeks.
Environment has been defined in The Environment (Protection) Act, 1986 as The water, air and land and the interrelationship among them and the human beings, other living creatures, plants, microorganisms and property.
There are various constitutional and legal frameworks to ensure the right to the environment.
Article 21
The Supreme Court in the Maneka Gandhi vs. The Union of India case held that Article 21 guarantees the fundamental right to life.
Article 21 of the Constitution covers the right to live with dignity, the right to survive as a species, the right to livelihood, and the right to a healthy environment.
Article 21 of the Indian Constitution also prevents the deprivation of one’s life or personal liberty except by following procedures established by law.
In Subhash Kumar v. State of Bihar, 1991 the Supreme Court held that Article 21 covered the right to environment and the same verdict was reiterated in Virender Gaur v. State of Haryana case of 1994.
Article 47
Apart from Article 21, Article 47 of the Constitution of India also outlines the state's duties to improve public health, nutrition, and the standard of living.
Directive Principle of State Policy
Article 48-A directs the states to endeavour for the protection and improvement of the environment and to safeguard the forests and wildlife in the country.
The National Green Tribunal in Sher Singh vs State of Himachal Pradesh 2014, held that the State has a constitutional obligation to protect and strive towards the protection of the environment.
In M.C. Mehta vs Union of India, 2002, The Supreme Court established the principle of “absolute liability”, which holds corporations in hazardous industries strictly liable for any mishaps in industries.
Fundamental Duties
Article 51A(g) imposes a fundamental duty upon the citizens of India to protect and preserve the environment.
Article 51-A (g), provides that “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.”
Legal Framework:
Environment (Protection) Act, 1986
Water (Prevention and Control of Pollution) Act, 1974
Air (Prevention and Control of Pollution) Act, 1981
Biological diversity Act, 2002
Plastic waste management rules
Stubble burning is the process of removing paddy residue from fields after the harvest to prepare for the next crop.
Farmers in northwest India burn 23 million tonnes of rice straw annually.
India produces over 500 million tonnes of crop residues and cereals account for 70% of this.
As per the Ministry of Agriculture, 80% of 20 million tonnes of stubble generated in Punjab is burnt annually due to cost and time constraints.
It is commonly practised in areas which use the combine harvesting machines, which leaves residue behind.
These machines harvest, thresh, and clean grains in one go.
They don't cut crops close enough to the ground, due to which the stubble is left behind.
Stubble which has been left behind has no use for farmers and delays the next sowing season. This makes farmers obliged to burn the stubbles.
The short time of 20-25 days between rice harvesting and wheat sowing also causes farmers to burn stubble.
Punjab’s 2009 Subsoil Act further delays paddy transplantation. The Act is an effort to conserve groundwater resources by mandatorily delaying the transplantation of paddy.
Stubble burning reduces soil nutrients such as nitrogen, phosphorus, and potassium and kills beneficial microbes in the soil.
The burning process also releases huge amounts of harmful pollutants such as CO2, CO, NOx, SOx, CH4, and particulate matter which includes PM2.5 and PM10. These are the major causes of respiratory and cardiovascular diseases.
Long-term exposure to these pollutants increases cancer risks and mortality.
Burning is not the only solution but it is the cheapest and fastest method available to farmers.
There are machines such as the Happy Seeder, Zero-till seed drill, Rotavator, and Paddy Straw Chopper which help to manage residue without burning.
The Turbo Happy Seeder for instance cuts stubble and sows wheat simultaneously and covers the seeds with straw as mulch.
A bio-concoction has been developed by the National Centre for Organic Farming to compost crop residue in situ. The compost can be used as manure in farms to further enhance productivity.
The Chhattisgarh Model of Gauthan applies a sustainable approach where crop residue is collected and turned into organic fertiliser. This reduces the stubble burning and also provides rural employment.
The stubble can also be used as animal feed, compost, biochar, or converted into biodegradable cutlery.
Stubbles may also be used as a replacement for coal in power plants.
Combine Harvester Redesign
There is a need to modify the combine harvester design to cut closer to the base. The government can incentivise companies in this process.
Agri-Waste Collection Centers
The government can set up Agri-Waste Collection Centers where farmers can sell stubble for additional income. This incentivises them not to burn it.
Incentives for Industries
The union and state governments can support industries to convert stubble into valuable products like cattle feed or fuel.
Crop Diversification
There is a need to incentivise the farmers to plant crops like maize, beans, and lentils which can reduce the need for burning as they are harvested by hand and have earlier harvest windows.
Short-duration paddy varieties including the Pusa Basmati-1509 allow earlier harvest.
Important article to read
Commission for Air Quality Management (CAQM)
Sources:
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PRACTICE QUESTION Q.The challenge of stubble burning in India roots from the prevalence of unsustainable farming practices. Critically Discuss. Also analyse the measures to be taken to address this issue.(250 words) |
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