Bill tabled in Lok Sabha to form air quality management panel in Delhi-NCR

NEW DELHI: The government on Friday introduced a Bill in the Lok Sabha to replace the Ordinance on the constitution of the Commission for Air Quality Management in Delhi-NCR and adjoining areas, exempting farmers from hefty penalties of up to Rs 1 crore and jail terms for stubble burning but retaining a provision for “environmental compensation”.
The proposed legislation is meant for setting up a Commission on Air Quality Management (CAQM) to address the entire range of issues related to air pollution in Delhi-NCR through policy decisions, monitoring and enforcement of existing laws to mitigate the problem. The CAQM is currently functional, drawing its powers from an Ordinance.
Farmer unions, meanwhile, continued to protest as the government has retained the provision of imposing and collecting ‘environmental compensation’ from “farmers causing air pollution by stubble burning, at such rate and in such manner, as may be prescribed” in the Bill.
Though farmers would be spared from the penalty and jail terms up to five years, which apply to other polluters such as industries, power plants, transport and construction sector, there could be fines by way of ‘environmental compensation’, the rate and modalities of collection may be prescribed in the rules of the legislation once it becomes an Act.
Farmer unions have been demanding dropping of penalty provisions ever since the Ordinance was first promulgated in October last year. The Centre, in view of the demand and the agitatition, had tweaked the Ordinance in April when it was re-promulgated. It dropped the penalty provisions and took a lenient approach by introducing ‘environmental compensation’ clause as Section 15 — which the farmer unions now picked up to express their anguish.
After introduction of the Bill by environment minister Bhupender Yadav in Lok Sabha amidst continued Opposition protests, the Samyukta Kisan Morcha (SKM) — the joint platform of farmers’ unions agitating for repeal of farm laws — termed the move (Section 15) unacceptable saying it is akin to “reneging on commitments already made”.
The unions do not appear to be satisfied even as Section 14 of the Bill clearly noted that penalty provisions “shall not apply to any farmer for causing air pollution by stubble burning or mismanagement of agricultural residue”.
The stubble burning in Punjab and Haryana is a key reason for a spike in air pollution levels in Delhi-NCR during the onset of winter, which coincides with paddy harvest season in these states.
The government had justified taking the Ordinance route to set up the CAQM when the Parliament was not in session, arguing that the step was necessary for “effective management of air quality” in the NCR and adjoining areas spread over four states — Haryana, Uttar Pradesh, Rajasthan and Punjab.
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