A sharp disagreement unfolded on Wednesday, September 17, 2025, between the Supreme Court and the Union government regarding the persistent issue of stubble burning by farmers ahead of the winter season.
Chief Justice of India B.R. Gavai, leading the Bench, strongly suggested reinstating criminal prosecution for farmers found burning stubble, even proposing new legislation. In contrast, the Centre maintained its stance, emphasizing a policy of cooperation and engagement with farmers rather than punitive measures.
This exchange followed a submission by amicus curiae, senior advocate Aparajita Singh, who highlighted that despite substantial efforts and funding from the Centre, farmers continue the practice of stubble burning, leading to hazardous air quality across northern states each winter. She pointed out that the situation deteriorates to its original state annually, despite repeated directives from the Supreme Court.
“Why not reintroduce criminal prosecution for stubble burning? If some individuals face imprisonment, it will convey a clear message,” Chief Justice Gavai questioned Additional Solicitor General Aishwarya Bhati, who represented the Centre.
Ms. Bhati responded that the core problem lay in state-level implementation, explaining that farmers had been exempted from prosecution under the Commission for Air Quality Management Act as a strategic policy decision. She argued that criminal prosecution of farmers would not be practical or feasible.
“If there is a genuine commitment to environmental protection, why hesitate?” the CJI pressed.
Ms. Bhati reiterated the government’s approach: to work “along with” farmers.
“By all means, take them along, but ultimately, there must be a definitive mechanism to address stubble burning. You must offer incentives first, and then, if necessary, disincentives. You cannot be solely influenced by a five-year electoral cycle,” the CJI asserted.
Ms. Bhati clarified that the government’s policy was not driven by electoral considerations. “It is not due to the five-yearly exercise. It is simply a matter of policy for us,” she stated.
The Chief Justice acknowledged the vital role farmers play in the nation but stressed their responsibility towards the environment. “While we rely on them for our food, that does not absolve them of their duty to protect the country’s environment. We are not advocating for routine penalization of farmers, but rather selective actions to set an example,” he said.
Ms. Bhati confirmed that the Centre would submit a detailed status report outlining the situation in Punjab, Haryana, and Uttar Pradesh.
“You must engage with all states and formulate a consistent policy [on stubble burning]. Consider doing so, or we will be compelled to issue a mandamus. This problem cannot be viewed solely through the lens of electoral cycles,” the CJI cautioned the government.