Farmers important, but why not arrest those who violate stubble-burning directives: Supreme Court

The Supreme Court of India, in the suo motu matter concerning filling up vacancies in State Pollution Control Boards and Committees (Punjab, Haryana, Uttar Pradesh, Rajasthan), critiqued state governments for lax enforcement of directives against stubble burning. Chief Justice of India B.R. Gavai, alongside Justice K. Vinod Chandran, emphasized that while farmers are vital, that does not grant impunity for actions causing air pollution. The Court asked why strict legal penalties, including potential arrests for errant farmers engaging in stubble burning, are not implemented so as to send a strong deterrent message. It questioned the absence of penal provisions or enforcement mechanisms. Punjab’s counsel, represented by Senior Advocate Rahul Mehra, noted reductions in incidents but acknowledged continued challenges. The Court further noted that measures such as incentives or alternative uses of stubble (e.g., biofuel) had been discussed, but argued that without credible deterrent mechanisms, the problem persists annually. For environmental protection, the bench urged states to think beyond benign measures and consider firm consequences.