Today, On 25th November, The Supreme Court directed authorities to evaluate whether physical classes for Standards 10 and 12 in Delhi-NCR should continue amid rising air pollution. It emphasized relaxing restrictions on schools where pollution levels allow. The Court seeks a balanced approach, considering students’ health and academic needs. Authorities must submit their assessment promptly.
New Delhi: The Supreme Court directed the Commission for Air Quality Management (CAQM) to review and potentially relax the restrictions on physical classes in schools, colleges, and educational institutions in Delhi-NCR.
These restrictions had been imposed last week due to severe air pollution.
A bench comprising Justice Abhay S. Oka and Justice Augustine George Masih highlighted the issue of students missing midday meals due to the suspension of in-person classes.
The Court indicated that a decision would be made either today or by tomorrow.
It stated,
“The commission will need to consider relaxing the norms since a large number of students cannot access mid-day meals, and many children lack air purifiers, with little difference in air quality inside and outside,”
This discussion arose after parents of several students submitted an application requesting the reopening of schools. Senior Advocate Meneka Guruswamy, representing a group of parents, emphasized that millions of students rely on mid-day meals, which are no longer available due to school closures.
She further argued,
“They do not have air purifiers at home, so how can we be sure that the air at home is better?”
In response to Senior Advocate Gopal Sankaranarayanan’s objections to relaxing any measures, Justice Oka remarked,
“But what about children who do not have internet access?”
Sankaranarayanan replied,
“The same applies to cleaners and others who lack access.”
The Court noted that it could at least consider reopening schools by comparing Air Quality Index (AQI) data from previous years.
It added,
“As far as education is concerned, let the stage resume, as it was under GRAP III,”
However, Sankaranarayanan suggested that the Court should wait a few more days, pointing out that many vehicles are used to transport school children. Despite this, the Court deemed it appropriate to instruct the Commission for Air Quality Management (CAQM) to consider lifting the ban on in-person classes.
The Supreme Court further directed, CAQM,
“Assess whether physical classes for students in standards 10 and 12 should continue.”
In a prior session on November 11, the court took a strong stance against violations of its firecracker ban during Diwali, observing that no religion advocates pollution-causing activities. It urged the Delhi government to consider extending the firecracker ban year-round within two weeks. Stressing citizens’ constitutional right to a pollution-free environment under Article 21, the bench called for decisive actions to protect public health.
The Court stated that it cannot relax measures under the Graded Response Action Plan (GRAP) from level IV to III or II unless it is assured of improvements in air quality.
Additionally, the Court instructed the Commission for Air Quality Management (CAQM) to take action against officials from the Delhi government and Delhi Police for their inadequate enforcement of GRAP-IV measures.
The Court remarked,
“It is clear that the authorities mentioned in GRAP IV clauses 1 to 3 have not made any genuine effort to implement these actions. Commissioners have noted that police were only deployed as of November 23, indicating a serious lapse on the part of the authorities regarding these clauses. Therefore, we direct the Commission to initiate action under Section 14 of the CAQM Act 2021,”
However, the Court emphasized that the commission could issue directives to ensure that laborers and daily wage workers are not adversely affected by ongoing restrictions.
It ordered,
“Thus, we direct the Commission to take several mitigating measures under Section 12 of the Act,”
The Bench was addressing the ongoing air pollution crisis in Delhi, which includes examining actions taken by neighbouring states like Punjab, Haryana, and Uttar Pradesh to reduce stubble burning, a significant contributor to the pollution problem. Recently, the Bench had mandated strict enforcement of Stage IV measures under GRAP and ordered the closure of physical classes for students in Delhi.
During the previous hearing, the Court appointed thirteen lawyers as ‘advocate commissioners’ to assess whether its earlier directives regarding the restriction of truck entries from neighboring areas were being properly enforced. Today, the court commissioners reported gaps in the enforcement of truck entry restrictions.
The Court was informed,
“There were no personnel from the Delhi Government’s transportation wing. Checks were happening, but their effectiveness needs to be evaluated. We observed all 83 checkpoints, and each had some form of oversight. They were jumping into the middle of the road to stop trucks,”
It was also noted that police were assigned to check duties only after the Supreme Court’s orders.
Additional Solicitor General Aishwarya Bhati, representing the Delhi Police, indicated that when GRAP IV was implemented, an order was issued to staff 23 checkpoints.
The Court criticized the failure to man the other checkpoints as negligence, stating,
“Okay, we will direct prosecution against the Commissioner of Delhi then.”
The Bench also warned of potential action against Delhi government officials for their negligence.
Acknowledging the efforts of the court commissioners, the Court ordered them to continue their work and report back.
It concluded,
“It is evident that the authorities have made no genuine efforts to implement the actions outlined in Clauses I-III,”
Delhi air pollution is a persistent environmental issue that typically worsens during the winter months, leading to hazardous air quality levels. Key factors contributing to the problem include:
- Vehicular Emissions: A high density of vehicles in the city contributes significantly to air pollution, with emissions from cars, trucks, and buses releasing pollutants like nitrogen oxides and particulate matter.
- Construction Activities: Ongoing construction and infrastructure development release dust and other particulate matter into the air, exacerbating pollution levels.
- Industrial Emissions: Industries located in and around Delhi emit various pollutants, adding to the overall air quality degradation.
- Burning of Biomass and Waste: The practice of burning agricultural waste, particularly in nearby states like Punjab and Haryana, releases a large amount of smoke and particulate matter into the atmosphere, significantly affecting Delhi’s air quality.
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