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Supreme Court Warns Jail Term May Be Imposed for Stubble Burning in Delhi-NCR

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New Delhi: The Supreme Court on Wednesday came down hard on authorities for failing to curb air pollution caused by stubble burning, hinting that stricter punishments, including jail for offenders, may be necessary.

Chief Justice of India B.R. Gavai, heading the bench, questioned why punitive measures were not being pursued more seriously. “If some people go behind bars, it will send the right message. Why don’t you think about punitive provisions for farmers? If your true intent is to protect the environment, why step back?” he asked.

While acknowledging the critical role of farmers in the country’s survival, the CJI stressed that their importance could not justify environmental damage. The bench also raised the possibility of exploring alternatives, such as converting crop residue into fuel, citing reports that such practices are viable.

The court further pulled up state governments for failing to fill long-pending vacancies in their Pollution Control Boards. Delhi, Uttar Pradesh, Haryana, Rajasthan, and Punjab have been directed to complete the appointments within three months. The Commission for Air Quality Management (CAQM) has been asked to file a report within three weeks on immediate measures to tackle pollution.

Amicus Curiae Aparajita Singh told the court that despite subsidies and machinery being provided, farmers continue to burn stubble because it remains a quicker and cheaper method. Every year in October and November, smoke from large-scale burning in Punjab and Haryana worsens Delhi-NCR’s already toxic air.

The Supreme Court’s sharp remarks signal that tougher penalties, including imprisonment, could soon be enforced to deter repeat violations and protect public health ahead of the winter pollution spike.

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