7,000 FIRs, No Action: Punjab’s Farm Fire Crisis and the Politics of Pollution

The Unending Cycle of Smoke and Inaction

Despite years of judicial intervention and environmental alarm, Punjab’s farm fire problem remains unresolved. Between 2022 and 2024, nearly 7,000 FIRs were filed against farmers for paddy stubble burning, a practice that contributes significantly to North India’s toxic air every winter. Yet, most of these cases have not resulted in chargesheets, convictions, or substantial penalties.

The data reveals that Punjab registered 5,783 FIRs in 2024, compared to 1,144 in 2023 and just 44 in 2022. However, police and prosecution records show that these cases are either pending, withdrawn, or closed after nominal fines ranging from ₹500 to ₹1,000 — a symbolic rather than substantive enforcement.

A Legal Process That Fails to Deliver

From Patiala, Sangrur, Muktsar, Moga, and Faridkot to Amritsar, Bathinda, and Ferozepur, there is a consistent pattern — FIRs filed but never pursued. For instance, none of the 1,875 cases registered in five hotspot districts reached the stage of challan or chargesheet. Even in larger districts, fewer than 100 cases have reached courts in three years.

This widespread inaction highlights administrative inertia and political reluctance to prosecute farmers, often due to pressure from influential farm unions.

The Law and Its Limitations

Since 2024, FIRs related to stubble burning have been registered under Section 223 of the Bharatiya Nyaya Sanhita (BNS), which penalizes “disobedience of public orders issued by officials.” The provision carries a maximum punishment of six months’ imprisonment or a fine up to ₹5,000.

Earlier, these cases were filed under Section 188 of the Indian Penal Code (IPC) — a nearly identical but milder provision with a maximum fine of ₹1,000.

However, legal experts argue that Section 223 (or 188 IPC earlier) is inadequate for addressing environmental violations since it does not explicitly recognize pollution or ecological harm. The weak statutory framework, combined with local-level bail discretion, renders most cases toothless.

Judicial Oversight: Supreme Court’s Intervention

In November 2024, the Supreme Court of India intervened, expressing grave concern over rising air pollution and directing state authorities to act firmly against stubble burning. This led to the sharp rise in FIRs that year.

However, as one district officer admitted, “FIRs are registered primarily to satisfy the Supreme Court and central government, but are not pursued locally due to ground realities.”

Statutes and Constitutional Provisions Involved

  1. Article 21, Constitution of India – Guarantees the Right to Life, which includes the Right to a Clean and Healthy Environment.

  2. Article 48A – Directs the State to protect and improve the environment.

  3. Article 51A(g) – Imposes a fundamental duty on citizens to protect and improve the natural environment.

  4. Environment (Protection) Act, 1986 – Empowers authorities to take preventive action against environmental degradation.

  5. Air (Prevention and Control of Pollution) Act, 1981 – Prohibits emissions that deteriorate air quality and provides penal consequences for violators.

Judicial Precedents

  • M.C. Mehta v. Union of India (1987–ongoing) – The Supreme Court expanded the Right to Life to include environmental protection under Article 21.

  • Arjun Gopal v. Union of India (2018) – The Court restricted activities contributing to Delhi’s pollution, highlighting the right of citizens to breathe clean air.

  • Public Interest Foundation v. Union of India (2021) – The Court emphasized that environmental protection is a shared responsibility between citizens and the state.

  • Vardhaman Kaushik v. Union of India (2016) – The National Green Tribunal (NGT) imposed fines and strict monitoring mechanisms on stubble burning across northern states.

Administrative and Political Factors

The enforcement paralysis in Punjab stems from deep-rooted political sensitivities. As an agrarian state, farmers represent a powerful electoral bloc. Officials, often from farming backgrounds themselves, avoid strict enforcement to prevent large-scale protests or political backlash.

The 2021 farm law protests, which led to the repeal of three central laws, have further made governments cautious. A senior official admitted that “no government can afford to antagonize farmers.”

Alternate Deterrents: The ‘Red Entry’ Approach

Interestingly, “red entries” — notations in land records that restrict access to government subsidies or loans — have proved more effective than FIRs. Over 1,222 red entries were made in Punjab by November 2024. Officials note that these administrative penalties “pinch more than FIRs” as they impact credit access and financial eligibility.

Union Response and Ground Reality

Farmer unions, such as the Bhartiya Kisan Union (Ekta-Dakaunda), have rejected the narrative that stubble burning is the primary cause of Delhi’s air pollution. They accuse the Centre of politicizing pollution to malign farmers.

Former Punjab Pollution Control Board (PPCB) chairman Adarsh Pal Vig echoed this sentiment, arguing that criminal prosecution is not a long-term solution. He emphasized the need for viable alternatives, including crop residue management technologies and subsidies, which have already reduced farm fires from 81,000 in 2022 to around 10,000 in 2024.

A Political Blame Game: National vs. Regional Interests

The farm fire crisis has evolved into a political standoff between the Centre and the Punjab government. While the Centre blames state inaction, Punjab points to inadequate financial support for farmers to adopt sustainable practices.

Caught in this Centre–State tug-of-war, the environment remains the biggest casualty. As the Indo-Gangetic plains continue to choke under thick smog, governance failures translate directly into public health emergencies.

Conclusion: Environmental Accountability Beyond Politics

The Punjab farm fire crisis exemplifies the failure of law, policy, and politics to converge for public welfare. While courts issue directives and governments file reports, the air remains unbreathable for millions.

Real progress will require moving beyond symbolic FIRs and political posturing — toward sustainable agricultural reform, financial incentives for residue management, and stronger legal accountability.

Until then, the smoke of inaction will continue to cloud both the sky and the system.


Location: Pune, Maharashtra, India

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