NEW DELHI: The Supreme Court on Wednesday said that it has due respect for farmers, as they are at our heart, they gave us food. But they can't be allowed to pollute the environment. The top court even suggested the centre and other authorities of jailing, prosecute farmers who burn stubble, and indulge in such kind of related offences.
"The Farmers have a special position in our heart, their effort made what we eat...that doesn't mean that they should not be brought in to protect the environment of the country", said a two-judge bench of the top court, headed by the Chief Justice of India (CJI) B R Gavai and Justice K Vinod Chandran said while making strong observations on the issue.
"Why don't you (Centre) consider it...if you have a provision for criminal prosecution, at least if some people are sent behind bars, so it will send the right message in society," the court said.
The bench was hearing a suo-motu (on its own) plea relating to filling up vacancies in the state pollution control boards of Uttar Pradesh, Haryana, Rajasthan, and Punjab.
The court asked these states, the Commission for Air Quality Management (CAQM) and the Central Pollution Control Board (CPCB) to fill up vacancies within three months. It has also asked them to come out with measures to prevent air pollution within three weeks, ahead of the onset of winter when pollution levels spike.
During the hearing on Wednesday, the top court asked the CAQM to consider alternative solutions to the air pollution problem in Delhi-NCR, instead of imposing a blanket ban on construction work during the winter season, as it adversely affects the livelihood of daily wage workers.
It directed the CAQM to hold deliberations with all the concerned stakeholders to explore the possible alternative concrete plans to prevent pollution, rather than having the option of a prohibitory order on construction during the winter season.
The top court reasoned for not having a blanket ban, as a prohibitory order was counterproductive, as many workers would be jobless and out of work, if a blanket ban on construction were there.
"Stopping the construction work also has other consequences; workers moving from different parts of the country who are without any work during those periods will be there," said the top court.
The Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Union, also informed the top court that under the Central PCB (CPCB), 147 posts are vacant out of 603 posts. In CAQM, the total posts are 56, out of which 38 are filled, 18 are vacant, and 11 contractual staff are deployed against these 18 vacancies.
After hearing these submissions from Bhati, the bench of the apex court granted 3 months to the Union to fill the pending vacancies in the CPCB as well as CAQM. One month was granted for filling the post of Permanent Member and Member Secretary of the CAQM.