UPSC Editorial Analysis: Stubble Burning, Air Pollution, and the Supreme Court’s Suggestion

*General Studies-3; Topic: Conservation, environmental pollution and degradation, environmental impact assessment.*

Introduction

• The Supreme Court recently suggested that farmers indulging in stubble burning could face prosecution, even imprisonment, to deter the practice.

• This remark comes amid worsening winter pollution in North India, especially Delhi-NCR, Punjab, Haryana, and Uttar Pradesh.

• While the intent is to curb pollution, prosecuting farmers may be seen as unrealistic and insensitive, given the socio-economic realities.

• Stubble burning is a complex, layered issue involving agriculture, technology, environment, law, economics, and social justice.

Understanding Stubble Burning

• Definition: Stubble burning refers to the intentional setting fire to crop residue (mainly paddy) after harvest, to quickly clear fields for the next sowing season (mainly wheat).

• Regions affected: Primarily Punjab, Haryana, and western Uttar Pradesh.

• Seasonality: Peak incidence occurs in October–November after paddy harvest.

• Why farmers resort to it: Short window (15–20 days) between kharif harvest and rabi sowing. High labour cost and unavailability of alternative residue disposal methods. Machines like Happy Seeder are costly and consume more diesel. Crop diversification away from paddy remains limited due to water policies and MSP assurance.

• Short window (15–20 days) between kharif harvest and rabi sowing.

• High labour cost and unavailability of alternative residue disposal methods.

• Machines like Happy Seeder are costly and consume more diesel.

• Crop diversification away from paddy remains limited due to water policies and MSP assurance.

Judicial Standpoint

• The Court observed that repeated directions and existing measures have failed.

• Suggestion: Strict prosecution and imprisonment of offenders to “send the right message.”

• Past experience: Fines and arrests alienated farmers and bred resentment.

• Risk: May set a precedent of criminalising livelihood practices born out of structural constraints.

Existing Legal and Institutional Framework

• Commission for Air Quality Management (CAQM): Formed in 2020, empowered to issue directions for air pollution control. It has exempted farmers from criminal prosecution.

• Air (Prevention and Control of Pollution) Act, 1981: Provides for penalties against polluting activities.

• National Green Tribunal (NGT): Has imposed fines on stubble burning incidents in the past.

• State Laws: Punjab and Haryana have enacted restrictions, but enforcement is weak due to scale and socio-political sensitivities.

Environmental Dimensions

• Contribution to pollution: Estimates vary, but stubble burning contributes 15–20% of PM2.5 levels in Delhi during peak winter (SAFAR, MoEFCC). Seasonal spikes worsen an already fragile urban air quality.

• Estimates vary, but stubble burning contributes 15–20% of PM2.5 levels in Delhi during peak winter (SAFAR, MoEFCC).

• Seasonal spikes worsen an already fragile urban air quality.

• Other pollution sources: Vehicular emissions (~40%), industry, construction dust, and waste burning are more persistent sources. Farmers argue that urban sources are ignored, reflecting an “urban bias.”

• Vehicular emissions (~40%), industry, construction dust, and waste burning are more persistent sources.

• Farmers argue that urban sources are ignored, reflecting an “urban bias.”

Technological Alternatives

• Happy Seeder / Super Seeder: Sows wheat directly into standing stubble but costly and energy intensive.

• Pusa Bio-Decomposer (developed by IARI): A microbial solution that decomposes stubble into manure within 15–20 days; adoption limited due to logistics.

• Ex-situ use: Biomass power plants, bio-CNG, paper/pulp, packing material, etc. Progress slow due to lack of large-scale infrastructure and market linkage.

• Biomass power plants, bio-CNG, paper/pulp, packing material, etc.

• Progress slow due to lack of large-scale infrastructure and market linkage.

• In-situ management: Retaining stubble to enrich soil; requires better dissemination and subsidies.

Administrative and Policy Challenges

• Subsidy leakage: Machines distributed under subsidy often lie unused or concentrated in large landholdings.

• Coordination gap: Centre, states, and local administration differ on enforcement and financial responsibility.

• Lack of crop diversification: Despite repeated advice, paddy continues to dominate due to MSP and assured procurement.

Political and Governance Dimensions

• Farmers’ protests and agitations in recent years show the political sensitivity of agricultural policies.

• Criminalising stubble burning risks worsening trust deficit between state institutions and farmers.

• Policy of confrontation (fines, arrests) may undermine cooperative federalism, as agriculture is a state subject but pollution a national concern.

Comparative International Experience

• China: Promotes use of crop residue in biomass power and biogas plants. Strong state support ensures large-scale collection.

• European Union: Encourages crop residue ploughing back into the soil and provides subsidies under the Common Agricultural Policy.

• Lessons for India: Without affordable technology, financial incentives, and market linkages, punitive measures alone cannot succeed.

Way Forward

• Avoid criminalisation: Recognise farmers as victims of structural conditions, not culprits.

• Technological scaling: Wider adoption of decomposers, mechanisation through FPOs/cooperatives, and investment in bio-energy.

• Economic support: Direct cash incentives to farmers for residue management; expand schemes like the Crop Residue Management Fund.

• Crop diversification: Shift from water-intensive paddy to maize, pulses, or millets through MSP assurance and procurement support.

• Urban accountability: Equal focus on curbing year-round urban pollution sources.

• Community involvement: Panchayats, FPOs, and NGOs must be integrated into awareness and implementation.

• Long-term vision: Integrating stubble management into India’s net-zero 2070 strategy and circular economy framework.

Conclusion

• The Supreme Court’s suggestion to prosecute farmers may appear as a quick fix but risks alienating a critical stakeholder group.

• Stubble burning is not merely a law-and-order issue but a complex socio-environmental problem requiring multi-pronged, cooperative, and farmer-centric solutions.

Critically examine the challenges of stubble burning in North India. Do you think prosecuting farmers is a sustainable solution? (250 Words)