Supreme Court Warns Of Strict Action, Including Arrests, To Curb Stubble Burning

The Supreme Court on Wednesday observed that stronger measures, including arrests, may become necessary to prevent farmers from resorting to stubble burning, a practice that continues to worsen air pollution in North India.

Chief Justice of India (CJI) BR Gavai, heading the bench with Justice Vinod Chandran, said that while farmers play a vital role in ensuring the country’s food security, this cannot justify unchecked stubble burning.

The bench was hearing the matter In Re: Filling of Vacant Posts in the State Pollution Control Boards and Pollution Control Committees, which also touches upon measures against air pollution.

“Farmers are important and we can eat because of them, but that does not mean we can ignore the environment,” the CJI remarked.

He pressed the State of Punjab to consider stronger deterrents. “Why don’t you think of penalty provisions? If some people are behind bars, it will send the correct message,” he said.

The Court stressed that such punishments should not become routine, but may be needed in certain cases to send a strong signal. “Not as a routine but to send a message,” the CJI clarified.

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The problem of stubble burning

Stubble burning refers to setting fire to crop residue left after harvesting. It is commonly practised in Punjab, Haryana, parts of Uttar Pradesh, and Delhi as a quick and cheap way to clear fields.

However, it significantly worsens air quality in the National Capital Region (NCR) and surrounding areas each winter.

The Supreme Court noted that even though stubble can be reused as biofuel, large-scale burning continues.

The bench recalled that it had already expressed displeasure in October 2024 when it summoned the Chief Secretaries of Punjab and Haryana for failing to enforce curbs. At that time, the Court also directed authorities to increase fines imposed on violators.

Arguments before the Court

Senior Advocate Rahul Mehra, appearing for the Punjab government, told the Court that efforts are ongoing to reduce pollution and results are improving year by year. “It came down last year and will go further down now. A lot has been achieved in three years and more will be achieved this year,” he said.

However, amicus curiae Aparajita Singh took a different stand, pointing out that despite government incentives and machinery support, farmers continue to burn crop residue. She added that some farmers even admitted they were instructed to burn stubble when satellites were not overhead. “Since 2018, the Supreme Court has passed detailed orders, but the State only pleads helplessness before you,” she argued.

Mehra countered that earlier arrests had taken place but many offenders were small farmers dependent on small parcels of land. “If you pick up a small farmer and put him behind bars, then what happens to the dependents?” he asked.

The Court responded that strict action should not target all farmers, but be used selectively to deter violations. “If some people are behind bars, it will send the correct message,” the CJI repeated.

Next steps

The bench observed that if State governments do not take sufficient steps, the Court itself may have to pass binding orders. “You take a call, otherwise we will issue a mandamus,” the CJI warned.

The matter was adjourned for further hearing next week after Additional Solicitor General Aishwarya Bhati requested time to place certain status reports on record.