"Send some to jail, if they provide us with food, it means..." CJI Gavai told the states about farmers burning stubble.

On Wednesday (September 17, 2025), the Supreme Court ruled that some farmers who burn stubble should be jailed to send a message to others and act as a deterrent. The court was hearing petitions filed each October regarding the rising pollution levels in Delhi - NCR due to stubble burning.

Amicus curiae Aparajita Singh told the bench of Chief Justice Bhushan Ramakrishna Gavai and Justice K Vinod Chandran that farmers were offered subsidies and equipment to tackle the problem of stubble burning , but their stories were the same as they had been telling before the Supreme Court.

 

According to an NDTV report, Aparajita Singh said, "Last time, farmers said they were forbidden from burning stubble when a satellite would pass over the area. I apologize, but since 2018, the Supreme Court has issued sweeping orders, and the farmers are simply pretending to be helpless."

Why don't governments make punitive provisions? The Supreme Court said,

On the points of the amicus curiae , the Supreme Court said that  the administration is not making strict provisions to solve this issue. CJI BR Gavai said, ' If some people are sent to jail, it will send the right message to others. Why is the administration not thinking of making punitive provisions for farmers? If you really want to save the environment, then why are you ashamed of doing so ?' Chief Justice Gavai said that farmers have a special status for us; we get food because of them, but this does not mean that they will take advantage of this.

What did the states say in response to CJI Gavai's advice?

Responding to CJI Gavai 's advice, the states said that they had arrested some farmers for stubble burning, but most of them were small farmers. If they were arrested, what would happen to those who depend on them? CJI Gavai said that he wasn't asking for this to become a routine practice, but only to send a message.

Punjab government lawyer Rahul Mehra  told the Supreme Court that stubble-burning cases have declined and will continue to decline in the coming years. Every year, in October and November, farmers in Haryana and Punjab burn stubble , the smoke from which increases pollution levels in Delhi -NCR . Farmers burn crop residue to clear their fields. Their other options are to remove stubble with the help of laborers or machines, which farmers say are both very expensive.