Farmers Could Face Jail For Stubble Burning, Supreme Court Tells Centre To Act On Pollution

On Wednesday, the Supreme Court issued firm comments on air pollution in Delhi-NCR, indicating that farmers who burn their crop residue may be jailed as part of a solution to this social crisis. The bench said that while farmers should be recognised for their value in providing food for the people, it cannot be tolerated if environmental protections are ignored.

A two-judge bench, headed by Chief Justice of India B R Gavai and Justice K Vinod Chandran, said, “Farmers hold a special place in our hearts, but that doesn’t exempt them from protecting the environment. If criminal prosecution is available, sending some offenders behind bars will send the right message to society.”

What is Stubble Burning?

Burning of stubble is the burning of straw stubble left after the crop harvesting of crops like rice and wheat on purpose. It is a method applied to clear land quickly and inexpensively for subsequent planting. Nonetheless, it contributes importantly to air pollution, emitting particulate matter into the air and creating dense haze, especially in northern India. The tradition is a dangerous health hazard to individuals of all ages. While stubble burning is prohibited in nations such as India and Pakistan, lax enforcement permits widespread continuation.

The court was hearing a suo-motu plea regarding vacancies in state pollution control boards in Uttar Pradesh, Haryana, Rajasthan, and Punjab. It directed these states, along with the Commission for Air Quality Management (CAQM) and the Central Pollution Control Board (CPCB), to fill vacancies within three months. Additionally, measures to prevent air pollution must be proposed within three weeks, ahead of the winter season, when pollution spikes.

‘Find alternative solutions’

The Supreme Court also advised the CAQM to consider alternative solutions to tackle air pollution, instead of imposing a blanket ban on construction activities during winter. The bench noted that prohibitory orders could leave daily wage workers unemployed, creating socio-economic consequences.

“Stopping construction work has other consequences; workers coming from different parts of the country will be left without jobs if a blanket ban is imposed,” the court observed.

During the hearing, Additional Solicitor General Aishwarya Bhati informed the court that 147 of 603 posts in the CPCB remain vacant, while the CAQM has 18 vacancies out of 56 posts. The court granted three months to fill these vacancies and one month to appoint the Permanent Member and Member Secretary of the CAQM.

The top court’s directive reflects a balanced approach holding polluters accountable while considering the livelihoods of workers and signals stricter scrutiny of stubble burning in the coming winters.

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