NEW DELHI: The Supreme Court on Wednesday favoured penal provisions against the farmers who continued to burn stubble, triggering pollution in Delhi NCR.
The top court said that if farmers were to continue burning stubble, identified as a major source of pollution in Delhi-NCR, then sending some of them behind bars would give a strong message to others and also act as a deterrent.
A bench headed by Chief Justice of India B R Gavai said farmers are important for the country, but they cannot be allowed to continue stubble burning unchecked.
The court favoured that strict forms of punishment could be introduced to deter them from stubble burning.
Stubble burning in Punjab and Haryana has been known as among the main contributors to air pollution in the national capital in October and November every year.
The court was hearing pleas in connection with air pollution in Delhi-NCR in the winter season.
The court was informed that to address stubble burning, farmers have been offered subsidies and equipment. A counsel said that the apex court, since 2018, has passed extensive orders in the matter, but the farmers claimed helplessness.
On this, the bench asked Additional Solicitor General Aishwarya Bhati,
“Why don't you think of some penalty provisions? If some people are behind bars, it will send the correct message. If you have a real intention of protecting the environment, then why shy away?”
The court, pointed out, according to media reports, stubble left behind by crops can also be used as biofuels.
“Farmers are special and we are eating because of them, but it does not mean that we cannot protect the environment," the bench said.
The court asked the Centre as to why it doesn't consider reintroducing penal provision for stubble burning.
Bhati said, there are provisions under the CAQM Act, and ultimately, it was related to implementation and some erring officers may be punished.
"Forget about erring officers, why don't you consider penal provisions for agriculturalist? Give them a carrot but have a stick also," the bench said.
"It is rarely a policy of the nation," she responded.
"The farmers are at our heart but consider this otherwise, we will issue mandamus," the bench said.
Punjab government counsel said there is a reduction in cases of stubble burning over the past couple of years, and much more will be achieved this year. The state government counsel said if small farmers were arrested, then what would happen to their dependents? The bench said not as a routine, but a message has to be sent.
Additional solicitor general Aishwarya Bhati, representing the Centre, asked the to take up the matter next week after status reports are submitted.
Disclaimer: This content is produced and published by LawStreet Journal Media for informational purposes only and does not constitute legal advice. The views expressed are independent of any legal practice of the individuals involved.
