It is strictly regulated.
Open burning in India is prohibited nationwide under the Air (Prevention and Control of Pollution) Act, 1981, and the Solid Waste Management Rules, 2016, unless explicitly permitted by state pollution control boards (SPCBs). The National Green Tribunal (NGT) has imposed stringent penalties for unauthorized burning, including fines up to ₹1 crore and imprisonment. Recent 2026 compliance directives mandate real-time monitoring via satellite and IoT-based systems for agricultural residue burning, with Punjab, Haryana, and Uttar Pradesh facing heightened scrutiny. Municipalities and industrial units must obtain prior approval from SPCBs or the Central Pollution Control Board (CPCB) for controlled exceptions, such as ceremonial or disaster-related burning.
Key Regulations for Open Burning in India
- Prohibition Under National Laws: The Air Act, 1981, and SWM Rules, 2016, ban open burning of municipal, agricultural, or industrial waste without SPCB/CPCB approval. Violations trigger NGT-mandated penalties, including coercive fines and asset seizures.
- State-Specific Restrictions: States like Maharashtra and Tamil Nadu enforce additional bans via their pollution control acts, requiring prior written consent for exceptions, such as controlled agricultural residue burning during specific seasons.
- 2026 Compliance Framework: The CPCB’s National Clean Air Programme (NCAP) 2026 mandates real-time emissions tracking for all burning activities, with non-compliant regions facing central funding cuts for environmental programs.