Recently, the Supreme Court said continuing cases of stubble-burning and the “pick-and-choose” policy adopted by the Punjab and Haryana governments to penalise a few while letting many violators go “scot-free” after paying a nominal fine violated citizens’ right to live in a pollution-free environment.

Stubble burning in Punjab and Haryana

• Stubble burning in Punjab and Haryana is a significant contributor to air pollution in Northern India, particularly in and around Delhi.
• The Supreme Court criticised both states for their lack of effective action in curbing stubble burning and prosecuting violators.

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Stubble Burning Violates Article 21: SC

• Defiance by States:
  • The court accused Punjab and Haryana of showing a “defiant attitude” by not taking penal action against offenders.
  • Haryana claimed they couldn’t detect fires despite information from ISRO pinpointing the exact locations.
  • Punjab prosecuted only a handful of violators, out of over 1,000 incidents detected.
• Lax Enforcement:
  • A nominal fine system allowed violators to escape serious penalties, undermining deterrence.
  • Penal provisions under Section 15 of the Environment (Protection) Act, 1986, which include imprisonment and heavy fines, were not consistently enforced.
• Violation of Fundamental Rights:
  • The court said stubble burning is not merely an issue of breach of law but it constitutes violation of citizens’ fundamental right to live in a pollution-free environment, guaranteed under Article 21 of the Constitution (Right to Life).

• • It criticised the failure of the authorities to protect this fundamental right.
• Commission for Air Quality Management (CAQM): 
  • The court questioned the effectiveness of CAQM, noting absenteeism among its members and doubts over their expertise in air pollution management.
• Government Accountability:
  • The court directed the Union government to:
    • Formulate proper machinery for penal action under the Environment Act.
    • Consider Punjab’s request for additional funds to tackle the issue.
    • Address urban air pollution, especially in Delhi, where garbage burning adds to air toxicity.

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About Stubble Burning

• It is a practice of removing agricultural waste from the field by setting on fire the straw stubble (Parali) that is left on the land after harvesting of grains like paddy, wheat etc.
• It is mostly practised  in the Indo-Gangetic plains of Punjab, Haryana, and Uttar Pradesh to clear the fields for rabi crop sowing in October and November.

Challenges Associated With Stubble Burning

• Air Pollution: Each year, air pollution levels rise and the AQI reaches a ‘severe’ and ‘hazardous’ level.
• Harmful Health Impacts: It emits toxic pollutants in the atmosphere containing harmful gases like Carbon Monoxide (CO), methane (CH4), NH3, SO2, carcinogenic polycyclic aromatic hydrocarbons, and volatile organic compounds (VOC). 
• Heat Penetration: Heat generated by stubble burning penetrates into the soil, leading to the loss of moisture and useful microbes
  • For instance, the heat from burning paddy straw penetrates 1 centimetre into the soil, elevating the temperature to around 400 Celsius.
• Soil Fertility: Burning husk on the ground destroys the nutrients in the soil, making it less fertile.
• Global Warming: Greenhouse gases such as CO2, N2O, O3,etc are released during Stubble burning.

Ways to Eliminate Stubble Burning

In-Situ Management (On-Field Management)

• Utilising specialised machinery or bio-chemicals to manage crop residue directly on the field, reducing the need for burning.
• Pusa Decomposer: A microbial solution developed by the Indian Agricultural Research Institute (IARI) that breaks down stubble into manure, enhancing soil fertility.
• Happy Seeder: A machine that cuts and lifts paddy straw, sows wheat, and spreads the straw as mulch.

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Ex-Situ Management (Off-Field Management)

• Transporting crop residue to other locations for alternative uses such as:
  • Composting: Converting stubble into organic compost.
  • Biogas Production: Using crop residue as feedstock for biogas plants.
  • Biochar: Converting stubble into biochar for soil improvement.
• Palletization: It is a technique that involves turning rice straw into usable boards for packaging, furniture, and other purposes.
• Co-Firing in Thermal Plants: Paddy straw is converted into pellets and used as fuel in thermal power plants, reducing dependence on coal.

Promotion of Alternative Crops

• Encouraging farmers to shift to crop varieties or farming systems that require less stubble removal.
• Promoting short-duration paddy varieties, pulses, oilseeds, or horticulture crops.

Techno-Commercial Pilot Projects

• Supply Chain Development: Establishing supply chains between farmers and industries for the sustainable utilisation of crop residue.
• Financial Assistance:
  • Government support covering up to 65% of machinery and equipment costs for stubble management.
  • Working Capital: Joint funding by the industry and beneficiaries, or through mechanisms like Agriculture Infrastructure Fund (AIF) and NABARD.
• Land Arrangements: Farmers responsible for securing and preparing storage land for residue management.

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Policy Support

• Revised Crop Residue Management Guidelines: Issued by the Central Government to promote both in-situ and ex-situ management in states like Punjab, Haryana, Uttar Pradesh, and Delhi.
• National Policy for Management of Crop Residues (NPMCR): This policy aims to prevent the burning of crop residue and the resulting environmental degradation and loss of soil nutrients. 
• Financial Incentives:
  • Project-Based Support: Financial assistance for specific machinery and equipment under government schemes.
  • State Government Approval: Projects must be approved by Project Sanctioning Committees.
• Convert into Organic Fertiliser: From parali, we can obtain high-grade organic fertiliser.
  • In Chhattisgarh, undertaken innovative experiment by setting up gauthans. 
  • A gauthan is a dedicated five-acre plot, held in common by each village, where all the unused parali (pairain Chhattisgarhi) is collected through parali daan (people’s donations) and is converted into organic fertiliser by rural youth.
  • the government supports only the transportation of parali from the farm to the nearest gauthan.
• Industry Contribution: Industry contributes 25% of the project cost.
• Farmer or Group Contribution: Farmers or groups contribute 10% of the project cost.

Other Measures

• Farmer Education and Awareness Campaigns: Increasing awareness about the adverse effects of stubble burning and the benefits of alternative methods.
• Custom Hiring Centres (CHCs): Providing easy access to machinery for crop residue management through CHCs.
• Subsidies and Incentives for Machinery: Offering subsidies for equipment like Happy Seeders, rotavators, and mulchers to reduce the cost burden on farmers.

Challenges in Eliminating Stubble Burning

• High Cost of Machinery: Farmers face significant financial constraints in purchasing or renting machinery like Happy Seeders and Super Straw Management Systems, even with subsidies. 
  • Smaller and marginal farmers, in particular, struggle to afford these technologies.
• Short Window Between Crops: The narrow time gap (10-15 days) between the harvesting of paddy and sowing of wheat leaves little time for alternative stubble management methods.
  • Leading farmers to opt for the quicker and cheaper method of burning.
• Lack of Awareness and Training: Many farmers are unaware of the long-term environmental impacts of stubble burning and the benefits of sustainable alternatives. 
  • There is also limited training on the use of new technologies for in-situ and ex-situ management.
• Weak Enforcement of Laws: Existing laws, such as penal provisions under the Environment (Protection) Act, 1986, are poorly enforced. 
  • Nominal fines and lack of consistent prosecution do not act as a sufficient deterrent to prevent stubble burning.
• Limited Infrastructure for Ex-Situ Management: Supply chains, storage facilities, and infrastructure for transporting crop residue to industries for alternative uses (e.g., biofuel, composting) are underdeveloped, limiting the scope of ex-situ management.
• Socio-Economic Pressures: Farmers face economic pressure to maximise yields and profits.
  • Often leading them to choose the most cost-effective and time-efficient methods like burning, especially when incentives for sustainable alternatives are insufficient or delayed.
  • Social Resistance: Some farmers may resist adopting new practices due to traditional farming methods and cultural beliefs.

Way Forward

• Strengthening Farmer Incentive Programs: Provide direct financial incentives to farmers for adopting eco-friendly alternatives, ensuring that support reaches marginal and small farmers quickly. 
• Improved Policy Coordination: Ensure better coordination between Central and State governments on stubble management policies. 
• Research and Development (R&D) in Affordable Technologies: Invest in R&D to develop low-cost, accessible technologies that small farmers can afford. 
• Expanding Custom Hiring Centers (CHCs): Scale up Custom Hiring Centers to improve the availability of crop residue management machinery on rent. 
• Community-Based Initiatives and Farmer Cooperatives: Promote community-led solutions by organising farmers into cooperatives or groups that can collectively manage crop residue. 

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Conclusion

• The Supreme Court criticised the Haryana and Punjab governments for their lenient approach toward stubble burning, which worsens air pollution in northern India. 
• It emphasised the need for stricter enforcement of laws to protect citizens’ right to a pollution-free environment under Article 21 of the Constitution.

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