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Supreme Court Warns of Arrests for Stubble Burning to Protect Delhi-NCR Air Quality

CJI says farmers are vital, but environment cannot be sacrificed; urges strict penalties

Court questions Punjab and Haryana over weak enforcement as winter pollution season nears

By Our Legal Correspondent

New Delhi, September 17, 2025:

The Supreme Court of India has sent a strong warning to state governments, especially Punjab and Haryana, that arrests and strict penalties may be necessary to stop the dangerous practice of stubble burning, which is a major cause of air pollution in Delhi and the National Capital Region (NCR).

A bench led by Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran made the remarks while hearing a case on vacancies in state pollution control boards. The court turned its attention to the annual spike in pollution during winter, much of it caused by farmers burning crop residue after harvesting paddy.

“Farmers are important, but so is the environment”

CJI Gavai acknowledged that farmers are the backbone of the nation, but stressed that their importance cannot justify environmental damage.

“Farmers are special and we are eating because of them, but it does not mean that we cannot protect the environment,” he said.

The court questioned why penalty provisions were not being enforced against farmers who burn stubble, noting that repeated appeals have failed to stop the practice.

“Why don’t you think of some penalty provisions? If some people are behind bars, it will send the correct message,” the CJI told Punjab’s counsel.

Punjab Government’s Defence

Senior advocate Rahul Mehra, representing the Punjab government, argued that the state has taken several steps to reduce stubble burning. He said incidents had dropped from 77,000 to 10,000 in recent years, and that arresting small farmers — many of whom own just one hectare of land — could cause hardship to their families.

Mehra also pointed out that the state is promoting alternatives like crop residue management machines and subsidies. However, the court was not convinced that these measures alone were enough to deter offenders.

Amicus Curiae’s Concerns

Senior advocate Aparajita Singh, assisting the court as amicus curiae, said that despite subsidies, equipment, and repeated Supreme Court orders since 2018, the ground situation had not improved significantly.

She alleged that some farmers even time their burning to avoid satellite detection.

“Since 2018, extensive orders have been passed by this court and yet the State only pleads helplessness,” she said.

Why Stubble Burning is a Crisis

Stubble burning — the practice of setting fire to leftover crop stalks — is common in Punjab, Haryana, western Uttar Pradesh, and parts of Delhi. Farmers prefer it because it is the cheapest and fastest way to clear fields for the next sowing cycle.

However, the environmental cost is severe:

Air Pollution: Releases large amounts of carbon monoxide, methane, and fine particulate matter (PM2.5 and PM10), creating toxic smog.
Health Hazards: Triggers respiratory illnesses, eye irritation, and worsens heart and lung conditions.
Climate Impact: Reduces soil fertility and adds to greenhouse gas emissions.

Every year, Delhi’s Air Quality Index (AQI) reaches the “severe” category in October–November, with stubble burning contributing up to 40% of the pollution load on some days.

Court’s Past Interventions

The Supreme Court has been monitoring the issue for years. In October 2024, it summoned the Chief Secretaries of Punjab and Haryana over inadequate legal action. It has also directed amendments to increase fines for offenders.

The court has repeatedly said that stubble burning violates Article 21 of the Constitution, which guarantees the right to a clean environment.

Possible Solutions Discussed

During the hearing, the CJI noted that stubble can be used as biofuel, and urged states to explore such alternatives.

The court also directed:

Filling Vacancies: State pollution control boards in Punjab, Haryana, Uttar Pradesh, and Rajasthan must fill all vacancies within three months.
Action Plans: The Commission for Air Quality Management (CAQM) and state governments must implement and monitor crop residue management and public awareness campaigns.
Stricter Enforcement: Authorities should not shy away from using legal provisions to prosecute offenders when necessary

Balancing Farmers’ Rights and Public Health

The debate over stubble burning pits farmers’ economic realities against public health needs. While farmers argue that alternatives are costly and time-consuming, environmental experts stress that unchecked burning will continue to cause annual health emergencies in Delhi-NCR.

The court hinted that selective arrests — not mass prosecutions — could send a strong deterrent message without disproportionately harming small farmers.

Winter Pollution Looms

With winter approaching, the court’s warning comes at a critical time. Meteorological conditions in the season trap pollutants close to the ground, worsening smog. Combined with vehicle emissions, industrial pollution, and firecracker smoke, stubble burning pushes air quality to hazardous levels.

The court’s push for urgent and strict action aims to prevent another season of choking air and public health crises.

Case Snapshot

Case: In Re: Filling of Vacant Posts in State Pollution Control Boards
Bench: CJI BR Gavai, Justice K Vinod Chandran
Date: September 17, 2025
Key Issue: Enforcement against stubble burning to curb air pollution
Key Quote: “If some people are behind bars, it will send the correct message.” — CJI BR Gavai

Conclusion

The Supreme Court’s latest remarks mark a tougher stance on stubble burning. By openly considering arrests, the court is signalling that environmental protection is non-negotiable, even when it involves politically sensitive groups like farmers.

Whether this warning will translate into real enforcement on the ground remains to be seen. But with Delhi-NCR’s winter pollution crisis just weeks away, the pressure is now squarely on state governments to act — and act fast.