Supreme Court Considers Arrests, Penalties for Stubble Burning Farmers

The Supreme Court on Wednesday suggested that farmers who violate directives against stubble burning may face arrest, a measure intended to deter the practice and curb severe air pollution.

During a hearing on Wednesday, Bar and Bench reported that Chief Justice of India B.R. Gavai stated that while farmers are vital for the country's food security, this cannot be an excuse for activities that harm the environment.

The court is considering stricter penalties, including penal provisions and potential jail time, to ensure compliance with anti-pollution laws.

The issue was raised during a hearing on vacant posts in State Pollution Control Boards, with the court noting a continued lack of effective action despite repeated orders.

The bench, which also included Justice Vinod Chandran, questioned the reluctance of state governments, particularly Punjab, Haryana, and Uttar Pradesh, to impose strict punishments. Senior Advocate Rahul Mehra, representing the State of Punjab, reported that measures were ongoing to reduce air pollution.

Amicus Curiae Aparajita Singh pointed out that despite government incentives and equipment, there had been little change on the ground. She mentioned reports of farmers burning stubble at times when satellites were not overhead, highlighting the intentional nature of the violations.

The Supreme Court has a history of intervention on this issue, having previously summoned the Chief Secretaries of Punjab and Haryana in October 2024 and directed amendments to laws to increase fines.

The issue was discussed during the hearing of suo motu proceedings initiated by the top court earlier this year over the failure of National Capital Region States. The issue was that they were not complying with directives to complete recruitment to their Pollution Control Boards and Committees.

The bench reiterated that a "carrot and stick" approach is needed, where farmers are provided with alternatives but also face consequences for non-compliance. A final decision on the matter was deferred to the next hearing, pending submission of status reports from the concerned states.