Stubble Burning | Encourage Crops That Don't Leave Behind Stubble : Supreme Court Flags Long-Term Solutions

A bench of Justices Sanjay Kishan Kaul, Sudhanshu Dhulia, and Ahsanuddin Amanullah was hearing a batch of pleas raising concerns over the deteriorating air quality in the Delhi-National Capital Region (NCR). The region typically faces heightened pollution during the winter months, largely due to factors such as stubble burning in neighbouring states.

In October, the court directed the Commission for Air Quality Management (CAQM) to submit a report detailing the steps taken to tackle the worsening air quality in and around the national capital. Later in the same month, the commission submitted its report implicating stubble burning as a leading cause of air pollution in Delhi, following which the governments of Punjab, Haryana, Uttar Pradesh, Rajasthan, and Delhi were directed to outline the measures adopted to combat air pollution, particularly concerning crop burning.

On the last occasion, the court came down heavily on the governments of Punjab, Rajasthan, Haryana, and UP, asking them to immediately stop stubble burning. The court entrusted the responsibility of enforcing this ban to the local state house officer, under the supervision of the chief secretary to the governments and the police chief of the respective states. Not only this, but it also urged a re-evaluation of the Punjab Preservation of Subsoil Water Act, 2009 in view of its adverse effect on pollution, and stressed the need to phase out cultivation of paddy of a concerning variety in Punjab.

During today's hearing, amicus curiae and senior advocate Aparajita Singh relied on a real-time source apportionment study of pollution in Delhi conducted by the Indian Institute of Technology (IIT), Kanpur to flag the major sources of air pollution - secondary inorganic aerosols (32%), biomass burning (24%), vehicles (17%), and coal and fly ash (17%). The other sources contribute less than five percent individually, the counsel told the bench. She also pointed out that while farm fires fell within the category of biomass burning,  the largest contributor, i.e., secondary inorganic aerosol consisted of sulfates, nitrates, and ammonium formed in the atmosphere from the interaction of various gases from a number of sources, including agriculture. Some of the other sources are power plants, refineries, brick kilns, motor vehicles, industries, organic waste decomposition, and open drains.

"This report reinforces the last one. All these sources were addressed in the comprehensive action plan created under this court's orders. So, everyone knows the sources," Singh said.

"If everyone knows the sources," Justice Kaul asked, "Why are they not being tackled?"

Singh replied, "There's no will to do that. Every time the matter comes, this court cracks the whip and that's when some action is taken. All the problems have been flagged, all solutions are there. But till this court cracks the whip, nothing happens. Even on the last occasion, the chief secretary had to be summoned. Again the Court has directed the union government to intervene and come up with a solution. I wonder whether they have because no affidavit has been filed..."

Appearing on behalf of the Centre, Attorney-General R Venkataramani argued against looking for guidance from any external authority or committee, pointing to the 'orderly' process of supervision, regulation, and control under the Air (Prevention and Control of Pollution) Act, 1981. Next, he assured that a comprehensive action plan had been prepared at a meeting helmed by a cabinet secretary together with representatives from all states, encompassing the various aspects of the matter.

"We are aware of the statute, and we are aware of the report. We will not intervene if things work out. Why will we intervene then?" Justice Kaul asked.

AG Venkataramni explained, "The implementation by the states is the issue. After Your Lordships intervened, it picked up speed..."

"Mr Attorney, every time, year after year, it will pick up speed only after we intervene. And another thing is the persistence of this problem," the judge countered, before highlighting the need for both short-term emergency measures to tackle the issue of raging farm fires, as well as longer-term measures to encourage crop replacement in a phased manner to enable a shift away from the cultivation of paddy of a water-guzzling variety that not only depleted the water table but also typically led to crop burning during this time of the year. Once again, concerns were raised about the Punjab Preservation of Subsoil Water Act which mandated a postponement of the sowing period, inevitably delaying the harvest and adversely affecting the environment by leading to stubble burning in November.

Appearing for one of the petitioners, Senior Advocate Vikas Singh pointed out that the CAQM order invoked State IV of the Graded Response Action Plan (GRAP) was silent on farm fires, even though it was the largest contributor to air pollution in the national capital. The National Green Tribunal (NGT), he added, has taken suo motu cognisance, noting in its order that an aerial survey shows the whole of Punjab as red. "Farm fires are raging in Punjab. For this year, the state government has to ensure that they dispose of the stubble in whatever way that they can to put out the fires, using their own machines, if needed where the farmers are unable to pay. Otherwise, we will all die like this."

"Some emergency measures are required, Mr Attorney. We have to stop the farm fires, period," Justice Kaul said, agreeing with Singh. When the attorney-general outlined the measures proposed by the government to tackle the issue, the judge said -

"We want to know what is being done about the farm fires, apart from waiting for rain. There must be an incentive for switching over from the variety of paddy currently being cultivated. But, carrot and stick both must be there. It should be monetised but there has to be a punitive element in the policy. For instance, anyone who uses farm fires will not get subsidies...something like this will have to be done. You do it however you want. We are not saying follow this solution, or that. But farm fires must be stopped."

"There can be collective fines, or attachment of property," Justice Amanullah suggested.

"But we are leaving it open because otherwise tomorrow you'll say that the Supreme Court asked you to attach property. We want farm fires stopped, we want air quality to get better, and we want long-term measures for crop replacement. All governments are responsible. It's your business how it occurs. If it doesn't, the only option is to keep the chief secretaries here till they find a solution. I'm sure they'll work better in their own offices, so please find a solution," Justice Kaul firmly said. 

Punjab Advocate-General Gurminder Singh assured the court that the state government is working round the clock to douse the fires on a 'war footing'. "Police officers responsible to the SHO are taking fire brigades, water dispensers, and other materials to extinguish the fires the moment they are detected. We have brought down the number by one-third in the last three days. We are also registering first information reports..."

"You will register FIRs, they will be withdrawn. This is again a political issue," Justice Kaul. 

The amicus curiae interjected to point out that the farmers were a sensitive constituency that "no government wanted to touch", as an explanation for the lack of harsh measures. Justice Kaul replied, "Farmers are a part of the society. They have to be responsible and we have to also be sensitive to what their problems are. It's a two-way road. Ultimately, a little bit of carrot, a little bit of stick. Do what you have to do, but get the levels down."

Justice Amanullah offered, "Why don't you talk to these bodies? Farmers in Punjab are very well-organised. Sit with them, and take them on board,"

Ultimately, the bench pronounced, 

"The learned attorney-general submitted that in a meeting held by a cabinet secretary with representatives of states, some immediate steps to be taken have been prescribed. Those steps should be followed by all stakeholders. We are informed that every endeavour is being made and shall be made including by using carrots and sticks to bring farm fires under control. Reference to Punjab is made only because the percentage of fires is higher. But it is not as if there is absence and delinquency on the part of other states. There are certain suggestions made in the course of the hearing. Concerned authorities will look into it. Among the suggestions that we can easily flag is that, there is technology available now...information is forthcoming to be utilised to control farm fires, where the exact location of farm fires can be immediately detected. How to proceed and what measures are to be taken are administrative in character. The function of the court is to make sure administrators perform tasks assigned to them. The methodology has to be by the administrators. We have also flagged longer-time measures for crop replacement in a phased manner and to encourage crops that do not leave behind stubble that will require burning, including alternative varieties of paddy. It is further clarified that the Punjab advocate general's submission on the last date was to encourage what we have said aforesaid and not to abolish MSP for paddy."

 Case Details

MC Mehta v. Union of India & Ors. | Writ Petition (Civil) No. 13029 of 1985