Supreme Court Pushes for Tough Action on Stubble Burning to Clean Up Delhi’s Air
In a strong push to tackle Delhi’s worsening winter pollution, the Supreme Court on Wednesday urged the government to get tough on farmers burning crop stubble. The top court suggested arrests and penalties to send a clear message and stop this practice, which spikes air quality to ‘severe’ levels in Delhi-NCR every year.
The bench, led by Chief Justice B.R. Gavai and Justice K. Vinod Chandran, was hearing a case on empty posts in pollution control boards across Delhi and nearby areas. These bodies play a key role in fighting air pollution, but they’re understaffed, making it harder to curb issues like stubble burning.
During the hearing, the court learned that last year, some farmers timed their stubble burning to dodge satellite monitoring. CJI Gavai didn’t hold back, asking Additional Solicitor General Aishwarya Bhati why the government isn’t enforcing penalties. "Why not think of some penalty provisions? If a few people end up behind bars, it will send the right message," the bench said. "Farmers are special – we eat because of them – but that doesn’t mean they can harm the environment."
The court gave the Union government time to discuss this with stakeholders like farmers and states. If not, it warned of issuing a court order for stricter stubble burning rules.
Senior advocate Aparajita Singh, helping as amicus curiae, pointed out the frustration. Even with subsidies and machines offered as alternatives to stubble burning, farmers keep repeating the same excuses. "Since 2018, the Supreme Court has given detailed orders, but states just say they’re helpless," she told the bench.
On the other side, Punjab’s counsel, senior advocate Rahul Mehra, highlighted progress. He said air pollution from stubble burning in the state dropped last year and will fall more this season. "We’ve achieved a lot in three years and plan to do even better," Mehra added. He argued against arresting small farmers, saying it would hurt their families’ livelihoods. Instead, Punjab’s ‘red entry’ system – which bars rule-breakers from grain markets and online services – works better as a deterrent than jail time.
The bench responded, "Not as a routine, but just to send a message." The Supreme Court will take up the stubble burning and air pollution case again next week for more updates.
This ongoing battle against stubble burning remains crucial for Delhi-NCR’s air quality, as it contributes heavily to the smog that chokes the region each winter. With winters approaching, all eyes are on how the government responds to the court’s call for action.
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