A Public Interest Litigation has been filed in the Supreme Court seeking to declare air pollution a National Public Health Emergency and to direct the government to create a time-bound National Action Plan with statutory backing for urgent implementation across India.
A Public Interest Litigation (PIL) submitted to the Supreme Court of India, requesting the declaration of air pollution as a National Public Health Emergency and the creation of a time-bound National Action Plan with statutory backing for immediate implementation.
The petition, filed by Luke Christopher Countinho, highlights that despite an extensive legal and policy framework including the Air (Prevention and Control of Pollution) Act of 1981, the Environment (Protection) Act of 1986, the revised National Ambient Air Quality Standards (2009), the National Clean Air Programme (2019), and the Commission for Air Quality Management in the National Capital Region and Adjoining Areas Act of 2021 ambient air quality in many rural and urban areas across India remains persistently poor and, in many cases, has deteriorated.
The court has been informed that the annual average concentrations of pollutants like PM₂.₅ and PM₁₀ in major Indian cities including Delhi, Mumbai, Kolkata, Chennai, Bengaluru, Hyderabad, Lucknow, Patna, and Kanpur continue to surpass the permissible limits set by the National Ambient Air Quality Standards (NAAQS) of 2009, as notified by the Central Pollution Control Board under the Environment (Protection) Act of 1986.
The plea states,
“The World Health Organization’s 2021 Air Quality Guidelines prescribe an annual mean limit of 5 µg/m³ for PM₂.₅ and 15 µg/m³ for PM₁₀, whereas India’s corresponding permissible limits remain at 40 µg/m³ for PM₂.₅ and 60 µg/m³ for PM₁₀. In practice, annual averages in cities such as Delhi (PM₂.₅ ≈ 105 µg/m³), Kolkata (PM₂.₅ ≈ 33 µg/m³), Patna (PM₂.₅ ≈ 131 AQI equivalent), and Lucknow (PM₂.₅ ≈ 90 µg/m³) are not only far above national standards but more than 10-20 times the safe limits recommended by the WHO, thereby placing millions of residents at serious risk of respiratory, cardiovascular, and neurological harm,”
The petitioner, a wellness advocate for the Prime Minister of India’s Fit India Movement, has emphasized that the public health crisis also has significant economic implications, underscoring the need for judicial intervention.
The court has been informed that air pollution represents not just an environmental or health crisis but also a rapidly evolving industrial and policy sector, reflecting both the severity of the issue and the opportunity for systemic change.
Filed through Advocate-on-Record Rooh-E-Hina Dua, the plea contends that while the Government of India and various State Governments have often announced ambitious initiatives for air quality management, actual implementation has been weak, fragmented, and largely symbolic.
The petition points out,
“The National Clean Air Programme (NCAP), launched in 2019 with the target of reducing particulate matter by 20–30 percent by 2024 (subsequently extended to 40 percent by 2026), has not met its modest objectives. As of July 2025, official data reveals that only 25 of the 130 designated cities have achieved a 40 percent reduction in PM₁₀ levels from the 2017 baseline, while 25 other cities have in fact seen an increase. Even among those showing improvement, the gains are inconsistent and not matched by compliance with national standards,”
Regarding the alarming failures in monitoring and enforcement mechanisms, the court has been informed that by November 2024, India had 559 Continuous Ambient Air Quality Monitoring stations and 962 manual stations under the National Air Monitoring Programme, a significant increase since 2018.
However, this infrastructure remains inadequate in both quality and coverage. The regulatory framework under the Air Act of 1981 and related statutes has also been reported to have weakened over time.
Notably, in 2019, no criminal cases were filed under the Air Act in Delhi, despite it being one of the most polluted cities globally.
The exclusion of rural areas from India’s air quality monitoring programs is seen as a fundamental structural weakness. Policies remain focused on urban settings, while millions of villagers, agricultural workers, and rural households exposed to biomass fuels are overlooked, according to the plea.
It emphasizes that India’s air pollution crisis is not only a health issue but also a matter of social justice and economic development.
Citing a 2023 estimate from the World Bank, the plea notes that air pollution costs India nearly 8.5 percent of its GDP annually due to lost productivity, increased healthcare expenses, absenteeism, and premature mortality.
The petition concludes,
“The Central and State Government’s reliance on cosmetic or temporary measures like anti-smog guns, mist sprayers, sprinklers, and even artificial rain trials, cannot substitute for systemic reforms. The true solutions lie in an ‘airshed approach,’ recognizing that pollution does not respect administrative boundaries, and in tackling sources directly: transport, industries, construction dust, crop residue burning, and domestic fuel use. However, NCAP remains city-centric, ignoring cross-border dynamics, industrial zones, and rural exposures. Without regional coordination, the measures will continue to fall short,”
Case Title: Luke Christopher Countinho vs. Union of India
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