The Supreme Court has raised a pointed question: when farmers are essential to the nation, why aren’t those who violate directives against stubble burning ever subject to arrest? Chief Justice B.R. Gavai, speaking in open court, emphasized that while farming is vital to India’s survival, environmental protection cannot be cast aside. He proposed strict consequences—including possible arrests—to deter unlawful stubble burning, suggesting harsher penalties may be necessary.

Stubble burning, the practice of burning leftover crop residue after harvest to clear fields quickly, is widely used in parts of North India such as Punjab, Haryana, Western Uttar Pradesh, and Delhi. It remains popular due to its low cost and ease, but the environmental cost is high, contributing significantly to air pollution in the region.

The Court noted that despite longstanding orders aimed at reducing stubble burning, implementation has been weak. In filings, advocates pointed out that although farmers are offered subsidies and tools to avoid burning residue, the incentives and support systems often fail or are inadequate. For example, delays in government equipment delivery and logistical challenges have left some farmers with little choice but to burn stubble, especially when satellite monitoring fails or there’s no feasible alternative.

When pressed, representatives of the Punjab government acknowledged ongoing efforts and governmental measures to lower pollution levels but also raised concerns about small farmers. Many of those who might face arrests have small plots and limited means, and there is a risk that penal action could unjustly harm their livelihood and dependents.

The Chief Justice responded that the objective is not routine arrests, but sending a strong message. If states are reluctant to adopt or enforce necessary laws and penalties, the Court indicated it might issue a mandamus ordering them to do so. The Court’s patience appears to be wearing thin, urging more robust legal frameworks and enforcement to uphold environmental directives.

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