The Supreme Court on Wednesday suggested that strict consequences including arrest may have to be imposed to deter farmers from engaging in stubble burning so as to reduce air pollution caused by such activities [In Re: Filling of Vacant Posts in the State Pollution Control Boards and Pollution Control Committees].

Chief Justice of India (CJI) BR Gavai added that while farmers are important for the country, it cannot mean that they are allowed to continue stubble burning unchecked.

He suggested that strict forms of punishment could be introduced to curb such polluting activities.

"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? 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. Farmers are special and we are eating because of them but it does not mean that we cannot protect the environment," the CJI told the counsel for the State of Punjab.

Stubble burning is the practice of burning straw stubble leftover after a harvest of crops, so that the fields are clear to plant the next batch of crops. It is mostly done in North Indian states of Punjab, Haryana, Western Uttar Pradesh and Delhi and is the easiest and cheapest way to clear fields. However, it leads to a drastic dip in air quality.

The Supreme Court has taken serious note that such activities contribute significantly to air pollution in areas such as Punjab, Haryana and Delhi.

In October 2024, the top court even summoned summoned the Chief Secretaries of the Punjab and Haryana governments after expressing severe disapproval over the lack of proper legal action against stubble burning.

It also took a prima facie view that the Union government was not taking any penal action to curb stubble burning. It proceeded to direct the authorities to amend the law so as to increase the fines against stubble burning. Since then, the fines have been increased.

Representing the State of Punjab, Senior Advocate Rahul Mehra today told the Court that measures are ongoing to keep reducing air pollution in the area.

"It came down last year and will go further down now. 3 years lot has been achieved ... .And we will achieve much more this year," he said.

On the other hand, amicus curiae Aparajita Singh argued that despite government incentives and equipment for farmers to avoid stubble burning, there has been little change.

Farmers reported that they were asked to burn stubble when satellites do not pass over their fields, she told the Court.

"I am sorry to say since 2018, Supreme Court has passed extensive orders (to curb stubble burning) and they (the State) only plead helplessness before you," she added.

The CJI, sitting with Justice Vinod Chandran, reiterated that stricter measures may have to be taken against those who continue to engage in stubble burning in violation of pollution control norms.

The Court added that it may pass orders for the same, if the State is reluctant to introduce such measures.

"You take a call, otherwise we will issue a mandamus," the CJI said.

Mehra replied that many of those who may be affected are small farmers, who tend to small farms.

"Earlier arrests were made and actions were taken.. but most of these are small farmers. Some are only tilling a small land and if you pick him up and put behind bars, then what happens to the dependents?" Mehra submitted.

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

The issue was discussed during the hearing of suo motu proceedings initiated by the top court earlier this year over the failure of National Capital Region (NCR) States in complying with directives to complete recruitment to their Pollution Control Boards and Committees.

The case was eventually adjourned after Additional Solicitor General Aishwarya Bhati urged the Court to take up the matter next week after certain status reports are submitted.

[Live Coverage]