Why Burning Dry Leaves is an Offence in India!{Environment Protection and Healing Climate Change}

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..... Why Burning Dry Leaves is an Offence in India!{Environment Protection and Healing Climate Change}
By: - YAGAY andSUN
Environmental Law
Dated:- 10-5-2025
Burning dry leaves, though a common practice in some areas, is a legal offence in India due to its serious environmental and health impacts. It directly violates the citizens' Right to Pure & Fresh Air, which has been recognized as .....

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..... a part of the Right to Life under Article 21 of the Constitution of India. Here's a detailed explanation of why it is an offence and how it contravenes laws and guidelines: 1. Health & Environmental Hazards * Burning dry leaves emits toxic gases like carbon monoxide, formaldehyde, and particulate matter (PM2.5 & PM10). * It aggravates respiratory issues, especially for children, the elderly, .....

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..... and asthma patients. * It also leads to soil nutrient loss and reduces air quality drastically. 📜 Legal and Regulatory Framework 2. Violation of Article 21 - Right to Life * The Supreme Court of India has held that the Right to Life includes the Right to Clean Air. * Burning leaves pollutes air, violating this fundamental right. 3. Municipal Corporation Guidelines * Most urban .....

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..... municipal corporations prohibit open burning of any waste, including dry leaves. * The Solid Waste Management Rules, 2016 by the Ministry of Environment, Forest and Climate Change (MoEFCC) prohibit open burning of waste, including leaves. * Municipalities can impose fines or penalties under their sanitation and environmental by-laws. 4. State Pollution Control Boards (SPCBs) & Central Polluti .....

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..... on Control Board (CPCB) * SPCBs issue guidelines prohibiting open burning and recommend composting or mulching leaves. * CPCB has issued directives under the Environment (Protection) Act, 1986 to control air pollution, under which burning of leaves is restricted. 5. National Green Tribunal (NGT) Orders * The NGT has repeatedly banned the burning of leaves and other biomass in open spaces. .....

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..... * It has directed local authorities to take strict action and promote alternative disposal methods like composting. * Failure to prevent such burning attracts penal action under the NGT Act, 2010. ⚖️ Penal Provisions * Environment Protection Act, 1986 - Fine up to Rs.1 lakh or imprisonment up to 5 years. * Municipal Fines - Various state municipalities impose on-the-spot fines .....

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..... (e.g., Rs.500 to Rs.5,000) for leaf burning. * NGT Orders - Violation can lead to hefty environmental compensation being levied. ✅ Sustainable Alternatives Encouraged * Composting * Vermiculture * Mulching * Community leaf compost pits These are promoted by municipal bodies and NGOs to manage organic waste in an eco-friendly way.
Scholarly articles for knowledge sharing by a .....

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..... uthors, experts, professionals .....

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