The Supreme Court on Wednesday told the government to consider taking strict actions, including arrests, to deter farmers from engaging in stubble burning – a major factor contributing to the ‘severe’ air quality in Delhi-NCR during winters.
A Bench comprising Chief Justice of India (CJI) B.R. Gavai and Justice K. Vinod Chandran was hearing a suo motu matter concerning the vacant posts in the State Pollution Control Boards and Pollution Control Committees meant to control air pollution in Delhi and its adjoining areas.
After the apex court was informed that, last year, farmers were asked to burn stubble at times when satellites did not pass over the area, the CJI Gavai-led Bench asked Additional Solicitor General Aishwarya Bhati whether the government was considering penal provisions to address the issue.
“Why don’t you think of some penalty provisions? 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?” the apex court remarked.
“Farmers are special and we are eating because of them but it does not mean that they can take advantage and we cannot protect the environment,” added the CJI Gavai-led Bench.
Granting time to the Union government to deliberate on the issue with all stakeholders, the apex court hinted that it would otherwise pass a judicial order mandating stricter measures against those who continue to engage in stubble burning.
Assisting the top court, amicus curiae and senior advocate Aparajita Singh submitted that despite farmers being offered subsidies and equipment as alternatives to stubble burning, “the farmers have the same story”.
“I am sorry to say that since 2018, the Supreme Court has passed extensive orders, and they (states) only plead helplessness before you,” Singh said.
On the other hand, senior advocate Rahul Mehra, appearing for the Punjab government, said measures are ongoing to keep reducing air pollution in the state.
“It came down last year and will go further down now. In the last three years a lot has been achieved and we will achieve much more this year,” said Mehra.
He further submitted that arresting small-scale farmers would adversely affect the livelihoods of their families, and that the ‘red entry’ mechanism — which restricts erring farmers from accessing grain markets and the online portal — is a bigger deterrent than prosecutions.
To this, the CJI Gavai-led Bench clarified, “Not as a routine. But to send a message.” The apex court will consider taking up the matter next week for further hearing.
