Sc calls for jailing of stubble burners not feasible says centre

Sc calls for jailing of stubble burners not feasible says centre

The Supreme Court and the Union government differed sharply on Wednesday over how to deal with farmers who pollute the air by burning stubble ahead of the winter season.

Chief Justice of India B.R. Gavai, heading a Bench, advocated a return to criminal prosecution of errant agriculturists, even suggesting a separate legislation. The Centre, however, maintained that its policy was to take farmers along rather than put them behind bars.

“Why do you not reintroduce criminal prosecution for stubble-burning? If some people are behind the bars, it will give the right message,” the Chief Justice asked the Centre.

Additional Solicitor-General Aishwarya Bhati, appearing for the Union government, said the issue boiled down to implementation by the State governments, noting that farmers had been exempted from prosecution under the Commission for Air Quality Management Act as a matter of policy. It would not be feasible to prosecute farmers criminally, she argued.

Return to square one

The exchange came after amicus curiae, senior advocate Aparajita Singh, pointed out that despite “humongous” efforts and funds spent by the Centre, farmers continued to burn stubble, creating a toxic haze across northern States each winter. She said the situation returned to square one every season despite repeated Supreme Court directions.

“If you really have any intention to protect the environment, why don’t you?” the CJI pressed.

Ms. Bhati replied that the government’s approach was to take farmers “along with us”.

“Do take them along with you, but ultimately, you should have a mechanism to deal with stubble. You give them the carrot first, but then the stick. You cannot be swayed solely because of a five-year exercise [elections],” the CJI responded.

Ms. Bhati clarified that the policy was not dictated by vote bank politics. “It is not because of the five-yearly exercise. It is simply a matter of policy for us,” she submitted.

The Chief Justice noted that while farmers hold a special place in the country, they too have a responsibility. “It is because of them that we get what we eat, but that does not mean they should not be brought in to protect the environment of the country. We are not saying you penalise farmers as a routine, do it as a sample to send the message across,” he said.

Ms. Bhati said the Centre would file a detailed status report reflecting the ground situation in Punjab, Haryana, and Uttar Pradesh.

“You should take all the States aboard and then come up with a uniform policy [on stubble-burning]. You consider doing that, or we will issue mandamus,” the CJI said.