Supreme Court mulls over penal punishment for farmers burning stubble
Supreme Court has urged the re-introduction of penal provisions to punish the erring farmers.
The Supreme Court today, while hearing a case on the vacancies in Pollution Control Boards in the states of Haryana, Punjab, Uttar Pradesh and Rajasthan has suggested the introduction of penal provisions to punish farmers who burn stubble.
When Additional Solicitor General Aishwarya Bhati told the CJI Gavai led bench that "Provisions are there under the CAQM Act...ultimately it comes down to implementation..erring officers can be punished..", the CJI went on to clarify, "Forget erring officers...why dont you consider a penal provision for agriculturists..".
Notably, ASG Bhati told the bench that it was hardly ever a nation's policy to punish its farmers. "Give them carrot but have a stick also...farmers are at our heart..but consider this..", the CJI said to this.
Pressing on the issue, the bench also comprising Justice Vinod Chandran added, "YOU CONSIDER THIS OTHERWISE WE WILL ISSUE A MANDAMUS..".
Earlier this year, the Supreme Court of India in February had urged the Commission for Air Quality Management (CAQM) to convene a meeting with representatives from the states of Punjab, Haryana, and Uttar Pradesh to discuss the proposed action plans for tackling the issue of stubble burning.
A detailed note was submitted by Aprajita Singh, Amicus Curiae, along with a detailed note by CAQM and the Department of Agriculture, Central Government on paddy straw management. The solutions were broadly summarized as follows: (a) Action Plan for Crop Diversification; (b) Action Plan for In-situ Management of Crop Residue; (c) Action Plan for Ex-situ Management of Crop Residue. Additionally, a mass awareness and consultation programme is proposed.
Court had then requested CAQM to call a meeting of the states of Punjab, Haryana, and Uttar Pradesh and directed these states to file their response.
The Supreme Court has while taking note of rampant stubble burning, upheld the right to a pollution-free environment while observing that 'stubble burning is not merely a violation of law but an infringement of the fundamental rights guaranteed under Article 21 of the Constitution.'
In November last year, the Supreme Court had pulled up the governments of Punjab, Rajasthan, Haryana, and UP, asking them to immediately stop stubble burning.
Case Title: MC Mehta vs. Union of India
Hearing Date: September 17, 2025
Bench: CJI Gavai and Justice Chandran