Concerned over the looming rise in pollution levels during winter, the Supreme Court on Wednesday pulled up the Punjab government for its lack of stringent measures to curb stubble burning and questioned why errant farmers should not be arrested to send a strong deterrent message.
A bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran was hearing a suo motu plea regarding vacancies in the state pollution control boards of Punjab, Haryana, Uttar Pradesh, and Rajasthan. The court directed these states, along with the Commission for Air Quality Management (CAQM) and the Central Pollution Control Board (CPCB), to fill the vacant posts within three months.
During the hearing, the CJI asked senior advocate Rahul Mehra, appearing for the Punjab government, why punitive action was not being considered against farmers indulging in stubble burning.
“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,” the CJI remarked.
The bench also noted that stubble could be repurposed as biofuel instead of being burnt and warned that failure to act would compel the court to issue binding directions.
Responding to the court’s queries, Mehra said the Punjab government had taken multiple measures, leading to a steep decline in stubble-burning incidents—from 77,000 cases to 10,000 in recent years. He argued that arresting small farmers who till only one hectare of land would disproportionately affect their families and livelihoods.
The court was informed that stubble burning is prohibited under the Environment Protection Act (EPA). However, criminal prosecution provisions under the Act had been withdrawn, leaving limited scope for penalties. The bench expressed dissatisfaction, observing that “having people behind bars will send the right message.”
Senior advocate and amicus curiae Aparajita Singh pointed out that despite subsidies, equipment, and repeated court orders since 2018, the ground reality had not improved significantly. Farmers, she added, had even admitted to burning stubble when satellite surveillance was absent.
Clarifying its stance, the CJI said arrests need not be routine but could be considered in some cases to set an example: “Not as a routine, but to send a message.”
Additional Solicitor General Aishwarya Bhati, representing regulatory authorities, sought time to place updated status reports before the court. The matter will be taken up further after submissions from all stakeholders.
