The Supreme Court reprimanded the States of Punjab and Haryana on Thursday for failing to take punitive action against farmers engaged in stubble burning, a significant contributor to pollution and deteriorating air quality in Delhi and surrounding northern states.

Stubble burning is the practice of igniting straw residue left in fields after harvesting grains like wheat and paddy, a method that, while cost-effective and simple for preparing fields for the next crop, severely impacts air quality.

The bench comprising, Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih expressed concern that the states have only collected nominal compensation from farmers who burn stubble. The court pointed out that the Commission for Air Quality Management (CAQM) has not made sufficient efforts to ensure compliance with its directives.

The Punjab government reported that many farmers cannot utilize happy seeder machines—which help manage stubble—because around 70% are marginal farmers unwilling to hire drivers or use diesel. Punjab Advocate General Gurminder Singh noted that they had requested subsidies from Delhi, contingent on the Centre's approval, amounting to ₹1,200 crores, with Delhi and Punjab each contributing ₹375 crores. He also claimed that the states lack the authority to enforce penalties.

The court contested this assertion, citing the Environment Protection Act as a basis for such action. Consequently, it directed the states of Punjab and Haryana to adhere to CAQM directives and submit a compliance affidavit within a week. The court insisted that the commission take concrete measures to implement its guidelines.

During the proceedings, the court revisited its previous criticisms of the CAQM for insufficient action on stubble burning violations. Senior Advocate Gopal Sankaranarayanan, representing child petitioners, argued that merely providing happy seeder machines would not suffice, as tractors, which require diesel, are necessary for operation.

Upon reviewing submitted affidavits, the court observed a lack of effort by the CAQM to implement its directives, noting that no prosecutions had been initiated and that a recent meeting had a mere five of eleven members present, failing to address implementation strategies. The court further highlighted the underutilization of grants, with Punjab’s AG explaining that marginal farmers cannot afford to hire tractor drivers or pay for diesel.

In light of these findings, the court ordered the states of Punjab and Haryana, along with the Central government and CAQM, to file affidavits within a week. The case is scheduled for its next hearing on April 16.

Additional Solicitor General Aishwarya Bhati represented the CAQM and the Central government, while Senior Advocate Aparajita Singh acted as Amicus Curiae. Previously, another Supreme Court bench had urged all stakeholders to collaborate on addressing air pollution and stubble burning in Punjab, Haryana, Delhi, and Uttar Pradesh to improve the air quality index in these regions during the upcoming winter.