Author: Satyawati Sinha is a 3rd-year student at National Law Institute University, Bhopal

Introduction

Today frenzy and madness have gripped the world. There is unrest and upheaval in the corridors of the Earth. But history shows that this unrest is not new. It is the same old tale that has been passed down the generations for time immemorial. The uniqueness comes through when one realizes that amidst this unrest, humans are running out of time.

Hamlet’s question of ‘To be or not to be’ nags the unhappy lot stricken by the vicissitudes of life. The afflictions of the farmers in India regarding stubble burning loops in the aspects of sustainability and poverty. In this matter, both the farmers and the State somewhere land in a situation that persistently asks all the actors if one is to be or not be.

Stubble burning is the act of removing the remaining stalk of the crop after it has been harvested by burning it. The Northern agricultural front to meet the urgent need to clear the field to ready it for the quickly approaching next season indulges in stubble burning. In its climax polluting train of smoke arising from this stubble burning comes to Delhi to join the other originating pollution that haunts and chokes the Capital.

Here is the conundrum for both the farmers and the governments. The governments’ hands are often tied in the face of the fact that farmers have their helplessness, power to vote, and several other nuanced factors.  The farmers are in a bind as farming itself has continued to plunge them today deeper into poverty and with climate change already in effect, their situation continues to grow desperate and dire, they indulge in what they know can ensure harvest for the coming season and food and money for the coming days.

The tragedy of Hamlet is a tragedy of his own making. Revenge has seldom been loyal and has never borne fruits. Yet Hamlet continues in his pursuit. The history of Stubble burning in the Indo-Gangetic Plains of India is somewhat like Hamlet’s revenge- a tragedy of our own making.

Brief History of Stubble Burning

Stubble burning is not inherent to the Indo-Gangetic plains[1]. Stubble burning was given effect by the Green Revolution, government policies, and other such factors.

Punjab and Haryana largely led the Green Revolution. Rice and wheat became the prominent crop sown in these areas (High Yielding Varieties of the crop were used and promoted). “The total area under rice increased from 0.24 million ha in 1960-61 to 2.16 million ha in 1995-96. and covered approximately 54 percent area cropped during the rainy season”.[2]

This increase was combined with the increased use of technology to substitute the labour cost. Machines such as combine harvesters were and are used to harvest the crop. The trouble with such machines is that they do not cut at the very root and leave behind the residue of the crop. This is the same residue that farmers attempt to burn away in a hurry to prepare the grounds for the next season. Another aspect that contributes to stubble burning is the delayed sowing promoted in these areas due to water scarcity. There are laws in place to prohibit the sowing and the transplantation of rice in the paddy fields before the specified date such as the Haryana Preservation of Sub-soil Water Act of 2009. A similar law stands notified in Punjab

Studies such as the one led by NASA named “Crop Residue Burning in Northern India: Increasing Threat to Greater India” published in July 2018 established the nexus between mechanized harvesting and stubble burning.

Effects of Stubble Burning

Shakespeare’s Hamlet is a tragedy. Each act leads the characters closer to death. Stubble burning too is somewhat of a tragedy leading both the humans and the Earth to its grave slowly and slowly or perhaps not that slowly.

Before moving on to the conflicting viewpoints of the State and the farmers, one must take a moment to carefully reflect upon the effects of stubble burning. In the general sense, one knows that it contributes to the smog in Delhi, aggravates global warming, harms the soil, and can sometimes outrage into forest fires among others. Some of the effects are as follows-

• Repeated burning of stubble promotes the exhaustion of soil organic carbon, according to the Department of Soil, Punjab Agricultural University. The subsequently increased temperature of the soil also contributes to the diminishing population of beneficial bacteria and microorganisms.
• According to NPMCR, open incineration of 1 tonne of stubble would lead to the loss of all organic carbon, 5.5 kg of nitrogen, 2.3 kg of phosphorous, 25 kg of potassium, and 1.2 kg of sulphur in the soil. If the crop residue remains within the soil itself, it will fertilize the soil with C, N, P, and K additionally[3].
• The burning of crop residue emanates greenhouse gases. It is considered that upon burning, the carbon present in rice straw is emitted as CO2 (carbon dioxide) (70% of Carbon present), CO (carbon monoxide) (7%) and CH4 (methane) (0.66%) while 2.09% of Nitrogen (N) in straw is emitted as N2O. Besides, the burning of crop residue also emits large amounts of particulates that are composed of a wide variety of organic and inorganic species.
• The emitted pollutants from the burning of the crop residue are either known or suspected carcinogens and could cause airborne/lung diseases. In the summers, the cloud of smoke emanating is carried away to faraway places by the winds but in winter , the same is trapped and becomes a component of the winter smog that chokes the capital.
• Apart from this, farmers and inhabitants of the affected areas have reported symptoms such as chest pains, difficulty in breathing among many others. It is reported that in Haryana, the number of patients visiting hospitals with allergic eye infections, breathlessness, throat infections, bronchitis,  and other pollution-related problems see a jump after paddy and wheat harvesting.[4] A report by Suman Chakrabarti et al[5] stated that the pollution from the burning of crop residue is one of the major factors contributing to increased respiratory problems in the population.

These effects have a greater implication on climate change and the deteriorating condition of climate and have impacts that can be as long term as the  shortening of the monsoon, localized thunderstorms, and wide impacting as the impact on El Niño−Southern Oscillation systems, glaciology, precipitation patterns, and atmospheric heating over the Tibetan Plateau.

Farmers v. The State

It is now time to understand the perspective of the respective actors.

To begin with, the farmers in the northern states do not have time to allow the residue of crops to decompose or to manually remove the same due to the delayed sowing and transplantation followed by them as mandated by the respective governments. This delay is to avoid water scarcity. The delayed start results in a delayed harvest which leaves little time for these northern farmers to prepare the grounds for the quickly approaching next season. This problem of a fleeting time window is not faced by farmers in the south and thus, the problem remains a burning issue largely in the North. Additionally, the HYV rice resulted in the residue being much taller than the basmati residue and not qualifying as palatable fodder for animals.

Further, another reason farmers indulge in stubble burning is its cheap short-term effectiveness. The government has promoted other effective methods and equipment such as the Happy Seeder – a machine attached to a tractor that simultaneously removes the paddy straw and sows wheat for the next harvest. It is considered to be eco-friendly, quick and effective. However, the machine isn’t cheap and remains largely an expensive investment for farmers. If the cost is somehow tackled, the lack of availability discourages the group.[6]

The Government is usually in a bind. One on hand is the suffocating masses and on the other, the vote bank on the back of which they ride to power year after year.

The strategies of the government range from rewarding ‘good behavior’ to meting out punishment for stubble burning.[7] Section 188 of the Indian Penal Code and the Air and Pollution Control Act of 1981criminalises burning of agricultural crop residue.

In November 2020 the Union Government (which would be implemented in Punjab, Haryana, Rajasthan, Uttar Pradesh apart from the NCR-Delhi region) introduced a new law to curb air pollution in the Delhi-NCR region. It set up a new 20-member commission instead of Environment Pollution (Prevention and Control) Authority (EPCA) and enumerated that “any non-compliance or contravention of any provisions or order of the Commission will be an offence punishable with a jail term up to five years or with fine up to Rs one crore or with both”.[8]

The Supreme Court Bench in 2021, comprising of the Chief Justice of India NV Ramana and Justice DY Chandrachud  and Justice Surya Kant, remarked after the Centre submitted that the pollution from stuble burning constituted merely 4-10 percent of pollution in Delhi that the “hue and cry” over the seasonal fire was without any strong and firm basis.

This raises a question as to if stubble burning is not of much consequence in the climax of smog in Delhi, then what is the purpose of targeting farmers? Is it an attempt to shift the blame from the inadequate performance of the government and the respective officers responsible? Or is it merely an act of the government to control what they believe can be controlled without harming their interests considering that the other sources of pollution (such as industries, vehicular emissions, etc.) are financially beneficial?

Alternative Solutions

No matter what the answer to the above question is, it is important to note that stubble burning is harming the interest of farmers too. It is a shortsighted activity that is not sustainable in nature and thus, alternatives to the act of stubble burning are nonetheless, required and welcomed.

The end of stubble burning lies in comprehensive cooperation between the key stakeholders.

While at the forefront, lies a blanket ban, it has to be supported with alternatives to completely dismantle stubble burning.

A financially viable solution that benefits everyone is the conversion of paddy straws into green fuels like ethanol or compressed natural gas.[9] A diversification in crops would not only remove the problem of stubble burning but would also guarantee India a stronger fight against climate change. Technology like Happy Seeders can be made available at a greater quantity and a subsidized rate.

Importantly, farmers need to be taken on board wholly not only in terms of the solutions presented. There is a need for awareness. They are the first in the line of casualty in the event of climate change. Theirs is a fate that affects everyone and thus, there is a dire need to make them conscious of climate change and its consequences.

All of this in the end needs to be strengthened  by a legislative framework and swift and well-crafted implementation.

Conclusion

“O, I die, Horatio;”, says Hamlet. So, say the hundreds and thousands of individuals. So will say the hundred and thousands of individuals of the future. As long as humans don’t right the wrongs of their making, these unnumbered deaths will hound and plague the Earth and one day the death of nature as we know will itself plague the Earth. The wheels have started turning and it is up to us to stop it, to turn it back, and to heal the wounds of climate change. Stubble burning is one straw in that wheel. One has to start anew and stop this menace before we all become Shakespeare’s tragedy.

 

[1] The Scroll, https://scroll.in/article/901392/how-the-green-revolution-contributed-to-indias-air-pollution-crisis, (Last accessed: Aug.21,2021).

[2] B. S. Sidhu et al, Sustainability Implications of Burning Rice- and Wheat-Straw in Punjab, 33, Economic and Political Weekly, pp. A163-A168, (1998).

[3] NPMCR, http://agricoop.nic.in/sites/default/files/NPMCR_1.pdf, (Last accessed: Aug.21,2021).

[4] Hindustan Times, https://www.hindustantimes.com/cities/the-stubble-trouble-gasping-for-air-as-smog-reigns/story-LqaRhpdPTRbXDRFbsXkBwO.html, (Last accessed: Aug.21,2021).

[5] Suman Chakrabarti et al, Risk of acute respiratory infection from crop burning in India: estimating disease burden and economic welfare from satellite and national health survey data for 250 000 persons,48, International Journal of Epidemiology.1113, (2019).

[6] BBC, https://www.bbc.com/news/world-asia-india-54930380, (Last Accessed: Aug.20,2021).

[7] BBC, https://www.bbc.com/news/world-asia-india-54930380, (Last Accessed: Aug.20,2021).

[8] The Print,https://theprint.in/theprint-essential/all-about-stubble-burning-its-alternatives-and-steps-taken-by-centre-and-state-govts/538466/, (Last Accessed: Aug.20,2021).

[9] Business World, http://www.businessworld.in/article/India-Needs-More-Than-Laws-To-Stamp-Out-Farm-Fires/,(Last Accessed: Aug.20,2021).