"Send A Few Behind Bars": Supreme Court On Farmers Burning Stubble

Sending some farmers behind bars for burning stubble can send a strong message to others and act as a deterrent, the Supreme Court said today as it heard petitions linked to choking air pollution in Delhi-NCR every October.

Earlier, Amicus Curiae Aparajita Singh told the bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran that farmers have been offered subsidies and equipment to address the stubble burning issues. "But farmers have the same story. Last time, farmers said that they were asked to burn at a time when the satellite does not pass over that area. I am sorry to say that since 2018, the Supreme Court has passed extensive orders, and they only plead helplessness before you," she said.

The Chief Justice questioned why the authorities are not thinking about penal provisions to address this issue. "If some people are behind bars, it will send the correct message. Why don't you think of some penalty provisions for the agriculturists? If you have a real intention of protecting the environment, then why shy away?"

"Farmers are special, and we are eating because of them... but it does not mean that they can take advantage," the Chief Justice added.

Stubble burning in neighbouring Punjab and Haryana is among the main contributors to Delhi's toxic air days in October and November every year. Farmers burn stubble to clear the fields of crop residue. The alternatives are using manual labour to clear fields or specialised machines. Farmers argue that these options are cost-intensive, and stubble burning continues to be reported every year, although there has been a reduction in reported cases.

Senior Advocate Rahul Mehra, appearing for the Punjab government, said cases of stubble burning in the state have reduced over the past couple of years. "In three years, a lot has been achieved. We will achieve much more this year."

The senior lawyer pointed out that the authorities had earlier made arrests in stubble-burning cases. "But most of these are small farmers. If you pick him up and put him behind bars, what happens to the dependents?" The Chief Justice clarified, "Not as a routine. But to send a message."

Additional Solicitor General Aishwarya Bhati, appearing for the Delhi government and the Centre, urged the court to take up the matter next week after status reports are submitted.