Govt amends CAQM rules; doubles penalty for stubble burning to combat air pollution in National Capital Region

New Delhi: The Union government on Wednesday amended the Commission for Air Quality Management (CAQM) rules for the National Capital Region and adjoining areas, and increased the penalty to up to ₹30,000 for stubble burning to combat rising pollution.

This comes after sharp criticism from the Supreme Court, which had previously described earlier penalties as ineffective.

As per the amended rules, which are effective immediately, the commission has been given powers to impose environmental compensation for stubble burning.

Farmers having a land of less than two acres shall pay an environmental compensation of ₹5,000 per incident. The fine is ₹10,000 for farmers having land of two acres or more but less than five acres, and ₹30,000 for those who have land of more than five acres.

Mint last month reported that the Union government was planning to impose a spot fine for burning crop residue or stubble up to ₹15,000 on farmers.

As part of the new measures, complaints related to pollution will be handled by the pollution control boards and CAQM, with clear guidelines for conducting enquiries and addressing grievances.

The Supreme Court noted that previous fines were “toothless” largely due to delays in appointing adjudicating officers and setting up a proper regulatory framework for enforcement, amid worsening air quality in Delhi and the NCR.

Every winter, the national capital and its surrounding regions are blanketed in toxic smog, made worse by the burning of leftover straw in farms in neighbouring states ahead and the bursting of firecrackers during Diwali.

To be sure, cases of stubble burning have been on a decline this year. Stubble burning events dropped to 12,514 between 15 September and 6 November in Punjab, Haryana, Uttar Pradesh, Delhi, Rajasthan and Madhya Pradesh, against 29,641 cases reported during the corresponding period of the previous year, per data from CREAMS-Indian Agricultural Research Institute, which monitors satellite data on stubble burning.

The top court had also recently criticized the Delhi government over its tardy implementation of a court-authorized ban on firecrackers. The court observed that the ban was “hardly implemented” and directed the Delhi top cop to file an affidavit stating the measures that were taken to enforce the ban in the national capital.

The air quality index (AQI) in Delhi worsened to 374 on Thursday from 352 the previous day, according to data from the Central Pollution Control Board (CPCB). An AQI reading of 201-300 is categorized as ‘poor’, 301-400 as ‘very poor’, and 401-500 as ‘severe’.

The air quality in the national capital is expected to stay in the ‘very poor’ category till 16 November, according to the Centre’s System of Air Quality and Weather Forecasting and Research.

“While policy changes are pivotal in combating air pollution, they are not the only solution, as they often lack long-term consistency (without an effective enforcement mechanism). We need laws backed by strong enforcement, awareness, and a long-term vision," said Abhishek Sinha, dean, School of Law, and head of international affairs at UPES, a private university.

“It’s not enough to react when air quality worsens; proactive policies are required… Legal frameworks like the Air (Prevention and Control of Pollution) Act, National Green Tribunal and National Clean Air Programme establish a structure for actionable measures. Despite these, compliance issues persist," Sinha added.