Why don't you arrest erring farmers? SC asks Punjab govt on stubble burning

The Supreme Court noted that while stricter measures may be necessary to deter violations, the focus need not be on mass prosecutions but on sending a signal to protect air quality

With winter approaching and rising concerns over air pollution, the Supreme Court (SC) on Wednesday asked why some errant farmers should not be arrested for engaging in stubble burning, reported Bar and Bench.

 

During a hearing on filling vacancies in state pollution control boards, Chief Justice of India (CJI) BR Gavai, with Justice K Vinod Chandran, pressed the Punjab government on whether penal action should be considered against errant farmers.

 

"Farmers are special and we are eating because of them, but it does not mean that we cannot protect the environment. Why don't you think of some penalty provisions? If some people are behind bars, it will send the correct message. Why don't you think of some penalty provisions for the agriculturists? If you have a real intention of protecting the environment, then why shy away?" the CJI asked senior advocate Rahul Mehra, representing Punjab.

 

"I had read in newspapers that this (stubble left behind by crops) can also be used as biofuels. We cannot make this a five-yearly exercise," the CJI said.  The court also asked which law bans stubble burning, and a lawyer cited the Environment Protection Act (EPA). The court noted that its criminal prosecution provisions had been withdrawn. "Why was it withdrawn? Having people behind bars will send the right message," the CJI said.  The bench was then informed that while the EPA has no penalties, the Commission for Air Quality Management (CAQM) allows action against stubble burning, reported PTI. 

Small farmers will be affected: Punjab

 

Mehra, however, said that many such farmers own small lands, often just one hectare, and that routine arrests could disproportionately harm their families.

 

The court stated that while stricter measures may be necessary to deter violations, the focus need not be on mass prosecutions but on sending a signal to protect air quality, particularly in Punjab, Haryana, Western Uttar Pradesh, and Delhi, where stubble burning remains prevalent.

 

"Not as a routine but to send a message," the CJI added.

 

Mehra also said that stubble burning incidents have come down in recent years from 77,000 to 10,000. "In three years, a lot has been achieved and much more will be achieved this year," he said, as quoted by PTI. 

 

However, on the contrary, senior advocate and amicus curiae Aparajita Singh told the court that stubble burning incidents have not been reduced despite repeated orders and subsidies to farmers.

 

"Farmers have even reported that they are asked to burn stubble when satellites do not pass over their fields. Since 2018, extensive orders have been passed by this court and yet the State only pleads helplessness," she said.

 

This is not the first time that the SC has expressed concerns over stubble burning. It summoned the Chief Secretaries of Punjab and Haryana in October 2024 over inadequate legal action against stubble burning. It also noted that the Union government had taken little penal action to curb the practice. The court directed amendments to increase fines, which have since been implemented, reported Bar and Bench.