The top court's criticism came even as the air quality in the National Capital Region (NCR) worsened.
A bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah and Augustine Masih stressed that stubble-burning is not just a legal violation but also a direct breach of citizens' fundamental right to clean air under Article 21 of the Constitution.
"These are not merely breaches of the law," the court emphasized. "The right to live with dignity in a pollution-free environment is guaranteed to every citizen under Article 21. It is time both the Union and state governments recognize this and act accordingly."
Frustrated at lax enforcement, the bench summoned the chief secretaries of both states for an explanation. The court questioned the reluctance on the part of governments to prosecute offenders and criticized Punjab and Haryana for imposing only nominal fines on violators.
"This is not policy enforcement—this is a license to pollute," observed Justice Oka.
Punjab, represented by senior advocate Abhishek Singhvi, attempted to defend its actions by citing the prosecution of 44 offenders and the collection of Rs 11 lakh in fines from 417 violators. However, the court was unimpressed.
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