Stubble Burning in India

What is Stubble Burning?

Stubble burning is the practice of setting fire to the leftover straw or crop residue (mainly from paddy and wheat) after harvesting. This practice is common in states like Punjab, Haryana, and Uttar Pradesh, particularly between late September and early November.

• Purpose: Farmers burn crop residue to clear fields quickly for the next planting season, especially between rice (paddy) and wheat.

Right to Environment in the Indian Constitution

In India, the Right to Environment is intrinsically linked to the Right to Life under Article 21 of the Constitution. Over time, this has evolved into a fundamental aspect of citizens' rights, particularly through judicial pronouncements. Below are the key legal provisions and the Supreme Court's observations regarding the Right to Environment:

Key Constitutional Provisions Related to Right to Environment

1. Right to Life Under Article 21

• Article 21: The right to life and personal liberty is guaranteed by the Constitution, and this has been interpreted by the Supreme Court to include the right to live in a pollution-free environment.

  • Subhash Kumar v. State of Bihar (1991): In this landmark case, the Supreme Court held that the right to life under Article 21 includes the right to a wholesome environment.

  • Virender Gaur v. State of Haryana (1994): The Court again reaffirmed that the right to a clean environment is an essential part of the right to life.

2. Directive Principles of State Policy

• Article 48A: Directs the State to protect and improve the environment and safeguard forests and wildlife. This article lays down the duty of the State to ensure environmental protection as part of its governance.

  • Sher Singh v. State of Himachal Pradesh (2014): The National Green Tribunal (NGT) held that the State is constitutionally obligated to protect and improve the environment.

  • M.C. Mehta v. Union of India (2002): The Court observed that Articles 39(e), 47, and 48A collectively place a duty on the State to secure public health and environmental protection, thus strengthening India's constitutional framework for environmental justice.

3. Fundamental Duties

• Article 51A(g): This article imposes a fundamental duty on every citizen to protect and preserve the environment. It reflects the ethical responsibility of citizens in contributing to environmental conservation.

Supreme Court’s Key Observations on Environmental Rights

Fundamental Right to a Pollution-Free Environment

• The Supreme Court has continuously emphasized that every citizen of India has a fundamental right to live in a pollution-free environment under Article 21. This goes beyond simply enforcing environmental laws; it includes preventive measures to protect public health and welfare.

  • The Court pointed out that environmental violations are not just breaches of statutory law, but infringements of fundamental rights of citizens. Therefore, environmental degradation, including pollution, directly impacts the right to life.

Criticism of Inadequate Enforcement Mechanisms

• In recent cases, the Court has expressed concern over the lack of effective enforcement mechanisms for environmental laws, particularly the Environment Protection Act, 1986.

  • Section 15 of the Environment Protection Act (1986): The Court criticized the amendments to Section 15, which had replaced criminal penalties with financial penalties for environmental violations. It noted that these provisions were rendered "toothless" due to the Centre’s failure to implement necessary support systems such as:

    • Framing of rules

    • Appointment of adjudicating officers to enforce penalties

  • As a result, environmental violations were not being adequately punished, undermining the effectiveness of the law and public trust in the legal mechanisms for protecting the environment.

Challenges in Enforcement

1. Absence of Adjudicating Officers:

   • The absence of appointed adjudicating officers has left the legal framework unable to enforce penalties effectively. This has created a situation where environmental violations go unpunished, allowing further harm to the environment without repercussions.

2. Ineffective Amendments:

   • The amendments to Section 15 have not achieved their intended purpose of deterring environmental violations. By substituting criminal penalties with financial penalties without a proper enforcement mechanism, the law has become ineffective in addressing the underlying issue of environmental pollution.

• Reasons for the Practice:

  1. Mono-Cropping Patterns: The system of Minimum Support Price (MSP) heavily favors wheat and rice, encouraging farmers to grow the same crops every season. This leads to the accumulation of large amounts of stubble.

  2. Cost-Effectiveness: Burning is cheaper and faster compared to other residue management methods like plowing it back into the soil or using machinery (e.g., balers or shredders), which require more investment.

  3. Weed Management: Burning also helps eliminate weeds and their seeds, reducing the need for additional herbicides.

  4. Limited Infrastructure: Farmers often lack access to the machinery and technology needed to manage crop residue in environmentally friendly ways.

  5. Climate Variability: Delayed harvesting due to erratic monsoon patterns makes it difficult to manage crop residue before the next planting season.

Impact of Stubble Burning

1. Air Pollution:

   • Stubble burning releases harmful pollutants, including PM10, PM2.5, NOx, methane (CH4), carbon monoxide (CO), and volatile organic compounds (VOCs). These pollutants contribute significantly to the smog in northern India, particularly in Delhi, aggravating respiratory diseases like asthma, COPD, bronchitis, and even lung cancer.

2. Greenhouse Gas Emissions:

   • The practice of stubble burning adds to greenhouse gas emissions, thereby accelerating global warming and climate change.

3. Soil Fertility Loss:

   • Burning destroys essential nutrients in the soil, leading to a decline in soil fertility. The fire also removes moisture and kills beneficial microbes, further degrading soil health.

Challenges in Controlling Stubble Burning in India

1. Technological and Infrastructure Gaps:

   • Combine harvesters often leave behind 10-15 cm of stubble, which is difficult to manage without specialized equipment.

   • Custom Hiring Centres (CHCs), which could provide machinery for farmers, often lack enough resources, making it difficult for small-scale farmers to access these technologies.

   • The silica content in paddy straw can damage machines used for residue collection, which limits the utility of certain farming equipment.

2. Policy and Regulatory Hurdles:

   • Inconsistent definitions and unclear regulations on stubble burning complicate enforcement and penalties.

   • Current policies often focus more on penalizing farmers rather than providing them with incentives to adopt eco-friendly practices.

3. Economic Limitations:

   • Subsidies for machinery adoption are limited, and the compensation fund for farmers who do not burn stubble is weakly implemented.

   • Lack of training programs on sustainable alternatives to burning makes it harder for farmers to find practical, cost-effective solutions.

India’s Initiatives to Tackle Stubble Burning

The Commission for Air Quality Management (CAQM) and other government bodies have taken several steps to manage stubble burning:

1. In-Situ Crop Residue Management:

   • Farm machinery, like Happy Seeder, which allows sowing of wheat without burning the stubble, is promoted.

   • Use of bio-decomposers to decompose stubble and enhance soil fertility.

   • Staggered harvesting and the promotion of faster-growing paddy varieties to reduce the amount of stubble left in the field.

2. Ex-Situ Crop Residue Utilization:

   • Biomass power generation, co-firing in thermal plants, and production of compressed biogas (CBG) from crop residues.

   • Encouraging the use of paddy straw in producing packaging materials, bioenergy, or biochar, which enhances soil fertility and water retention.

3. Financial Support:

   • The Sub-Mission on Agricultural Mechanization (SMAM) offers financial assistance to farmers, particularly small and marginal farmers, to purchase agricultural machinery.

4. Technological Interventions:

   • Happy Seeder: A tractor-mounted device that cuts paddy straw, allowing for wheat sowing without burning.

   • Pusa Decomposer: A microbial formulation that decomposes stubble and enhances soil health.

   • Pelletization and Biochar Production: Technologies that convert stubble into pellets or biochar, which can be used as an energy source and soil amendment.

5. Local Initiatives:

   • Chhattisgarh: In Gauthans, village plots where collected stubble is converted into organic fertilizer using cow dung and natural enzymes, creating local employment.

   • Punjab: The i-Khet app and the Cooperative Machinery Tracker provide farmers with easy access to machinery for crop residue management.

Strategies to Further Curb Stubble Burning

1. Legal Reforms:

   • A parliamentary standing committee has proposed setting a Minimum Support Price (MSP) for paddy residue, which could incentivize farmers to sell their stubble rather than burn it.

   • Clearer definitions of stubble burning and environmental compensation, along with enforcement measures, would make compliance easier for farmers.

2. Infrastructure and Logistics:

   • Real-time crop mapping and forecasting crop maturity to help in better planning of residue management.

   • Building temporary storage facilities to store stubble before it is processed.

   • Supporting local supply chains and aggregators for crop residue collection and processing.

3. Innovative Farming Technologies:

   • Microbe Pusa can turn stubble into compost in 25 days, which can then be used to improve soil health.

   • Promote the use of Happy Seeder and other machinery to sow crops without burning the stubble.

4. Economic Support and Pricing:

   • Providing guaranteed prices for stubble collection and setting benchmark prices for residue management would ensure that farmers are compensated for eco-friendly practices.

   • Ensure that the returns from residue collection cover collection and labor costs.

5. Post-Harvest Solutions:

   • Introduce programs akin to MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act) that help farmers with harvesting and composting stubble.

   • Reward farmers who adopt eco-friendly residue management practices with incentives, such as subsidies or tax breaks.

Conclusion

Stubble burning remains a critical issue, especially in the northern regions of India, contributing significantly to air pollution, soil degradation, and climate change. Addressing this requires a holistic approach, combining technological innovation, financial incentives, policy reforms, and community-based solutions. By integrating eco-friendly farming practices, providing economic support to farmers, and strengthening infrastructure, India can reduce the harmful effects of stubble burning, improve air quality, and protect the environment for future generations