The Supreme Court has signalled it was prepared to take an uncompromising line against the menace of stubble burning, hinting at jail terms for offenders if deterrence was required to safeguard the environment.
Chief Justice of India BR Gavai remarked that simple appeals had failed to curb the annual pollution crisis in northern states and pressed governments to explore stricter enforcement. “Why don’t you think of some penalty provisions? If some people are behind bars, it will send the correct message,” he observed during the hearing.
The bench also expressed surprise at the reluctance of state administrations to penalise farmers despite repeated directions of the court. “If you have a real intention of protecting the environment, then why shy away?” the Chief Justice asked, further noting that stubble could be converted into biofuel. “Stubble which is burnt can also be used to make fuel, I read this in newspaper reports,” he said.
The court’s intervention came after amicus curiae Aparajita Singh pointed out that the problem persisted despite subsidies and machinery support. “Since 2018, this court has passed extensive orders, and yet all we hear is helplessness,” she told the bench. Singh noted that subsidies up to 80 per cent for corporates and 50 per cent for individual farmers were provided for equipment, yet crop residue continued to be set ablaze. Farmers, she said, had even claimed they were instructed to burn stubble at hours when satellite imagery could not capture it.
Also read: SC dismisses plea against stubble burning in Punjab, Haryana
Senior Advocate Rahul Mehra attempted to present a more optimistic picture. “It came down last year and will go further down now. In the past three years a lot has been achieved, and much more will be achieved this year,” he argued.
The bench, however, appeared unswayed and pressed for stronger deterrents, warning, “You take a call, otherwise we will issue a mandamus.” At the same time, Mehra urged the court to tread cautiously, noting that many of those penalised could be marginal farmers. “Some are only tilling a small piece of land. If you pick him up and put him behind bars, what happens to his dependents?” he asked.
Clarifying the court’s stance, the Chief Justice said imprisonment was not meant as a blanket solution. “Not as a routine, but to send a message,” he stressed.
Additional Solicitor General Aishwarya Bhati sought time, requesting the court to take up the matter next week after submission of fresh status reports.
For now, the court’s stern warning has thrown the spotlight back on state governments, which must decide whether to risk punitive action against farmers or face judicial mandates as the smog season looms.
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