Why FIRs over farm fires in Punjab go nowhere: Political hot potato, explained
Trend of cases hitting dead end, or settled with nominal fines, yet stubble burning is seeing a decline; what's happening? ‘Red entry’ may hold clue
With contribution of farm fires — burning of paddy stubble after harvest — oscillating up to 30% in Delhi's pollution on some days recently, data from Punjab shows FIRs have been ineffective. Yet, there has been a declined in farm fires so far. What explains this, when there's hardly been any action after FIRs against farmers?
Political observers cite vote-bank compulsions for lack of follow-up on FIRs, while some experts say a more nuanced approach, such as farmers getting alternative technology to deal with crop residue, works better anyway.
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Legal action after FIRs has clearly been lax, data from 2022–24 shows — the period for which the current AAP government led by CM Bhagwant Mann has been in power.
- FIRs registered against farmers burning paddy stubble in Punjab between 2022 and 2024 was around 7,000.
- In 2024, the number was highest in the period, at 5,783, compared to 1,144 in 2023 and just 44 in 2022.
- This year, 972 FIRs were registered through November 4, as part of a crackdown on a practice that plays a part in bathing much of north India in toxic smog through late October and most of November.
Majority of the FIRs saw no follow-up action or have been settled with minimal penalties.
For instance, in farm fire hotspot districts such as Patiala, Sangrur, Muktsar, Moga and Faridkot, not a single FIR over the three-year period till November 1, 2025, reached the stage of filing of chargesheet in court.
Fewer farm fires this year in Punjab
There has been a decline in farm fires, though — from nearly 47,000 in 2022, down to about 31,000 the next year, and about 9,000 in 2024, as observed from satellites, according to data from Nasa’s Fire Information for Resource Management System (FIRMS).
Also read | 83% dip in field fires but air quality still bad in Haryana
This year, farm fires numbered only around 3,500 as of November 7.
But what's happening then, if FIRs are not working?
What law says, why cases reach dead end
Beginning 2024, all farm fire FIRs are registered under Section 223 of the Bharatiya Nyaya Sanhita, which lays down punishment for “disobedience of public orders issued by officials”. The maximum penalty is six months’ jail, or fine up to ₹5,000, or both. Prior to 2024, cases were filed under the equivalent Indian Penal Code section that had mostly the same provisions, except for a milder fine of ₹1,000.
(HT did not consider cases registered in the current year, as some delay is typical in cases reaching the trial stage.)
“Investigations have been dropped in numerous cases where farmers claimed fires spread from neighbouring fields,” a deputy inspector general (DIG)-rank police officer explained. Legal experts say the law being deployed is inadequate for environmental violations as bail can be taken immediately at SHO level.
Director of prosecution, Punjab, Sukhpal Gill, denied there was a trend of lax prosecution. He did not give details of how many cases reached the chargesheet stage over the three years.
Hot potato or need for nuance?
An obstacle in legal cases is the sensitivity to protests and voting patterns. “Farmers are a politically sensitive class and are a strong vote pocket. No government can afford to annoy them,” said former professor of Punjabi University Kesar Singh Bhangu.
“But when court directs them to take action, they use mild sections so that they have something to show on paper. Even officers understand that FIRs against farmers won’t yield any outcome," he added.
Another expert cited more recent sensitivities. “The farm protest in 2021 was a watershed moment. The farmers made a powerful leader like Narendra Modi withdraw the controversial three laws. No state government now affords to come in direct conflict with farmers,” said Bathinda-based political commentator Bakhtaur Dhillon.
A police official said they are wary of the farm unions and avoid a heavy-handed approach as they fear protests.
Why FIRs do not work, what unions say
A number of experts say FIRs are no solution anyway. Adarsh Pal Vig, former chairman, Punjab Pollution Control Board (PPCB), advocated for what he termed a more practical approach, such as providing alternative means to deal with the crop residue.
“We need to understand that no democratic structure would afford to slap cases on farmers anywhere in India, and Punjab farmers have almost shunned the habit of burning straw,” Vig said.
“And that is not because of FIRs, but because it took time for the government to provide alternatives to farmers,” he added.
This year, as reported on November 7, there were only 3,384 farm fires.
Farmer unions push back against the blame for pollution too.
“Various studies have shown that crop residue burning by Punjab farmers is not the primary cause of Delhi’s pollution. Why are the Centre and courts determined to portray Punjab's farmers as enemies of humanity?” remarked Manjit Singh Dhaner, senior vice-president of Bhartiya Kisan Union (Ekta-Dakaunda).
Is ‘red entry’ the real deterrent?
The real deterrent might just be more seemingly banal — “red entries” in land revenue records. Such an entry is an official notation in the jamabandi (land ownership record), which carries no immediate punishment but blocks government schemes and makes bank loans more difficult for such land.
“In case of FIR, farmers know police won’t take action against them due to political pressure. In case of red entries, they know it may hamper their subsidies and would end getting loans on their lands,” said an official.
This year, over 1,200 red entries have been made in Punjab so far. The government has also imposed environmental compensation amounting to ₹66.90 lakh, of which ₹32.60 lakh has been recovered.
What govt told regulator
Punjab's Aam Aadmi Party government told a team of the Centre’s Commission for Air Quality Management (CAQM), which visited the state last week, about the considerable drop in stubble burning cases.
Officials cited the figures of red entries in jamabandi among measures taken.
CAQM chairperson Rajesh Verma acknowledged the improvement: “The efforts made by the state government to control farm fires are commendable and the change is visible on ground.”
He, however, cautioned the officials to continue staying alert, stating that there are still a few days left before harvesting comes to an end. Usually, this is the time when pollution peaks in sync with farm fires.
