LawChakra

“School Closures Are Not a Panacea for Pollution” – Parents move SC against closure of schools in Delhi, Pleading for Better Solutions

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The Supreme Court will reconsider GRAP IV measures affecting schools in Delhi-NCR, as parents challenge the shift to online classes due to severe air pollution. Parents argue that virtual learning is challenging without technology access, and they propose solutions like adjusted school timings and mask provisions. The Court will deliberate on these issues next week, balancing education rights and health risks.

New Delhi: The Supreme Court announced on Friday (Nov 22nd) that it will consider relaxing measures under Stage IV of the Graded Response Action Plan (GRAP IV), particularly concerning schools in Delhi-NCR, next week. This development comes as parents challenge the suspension of physical classes and the shift to online education due to severe air pollution in the region.

A Bench comprising Justices Abhay S Oka and Augustine George Masih acknowledged the “drastic consequences” of GRAP IV measures, which include the closure of schools and mandatory online classes. The Bench was hearing a petition filed by a group of parents arguing that online education is not feasible for many families and affects children’s right to education.

Parents Voice Concerns Over Online Classes

Senior Advocate Menaka Guruswamy, representing the parents, emphasized the challenges faced by families who lack access to the necessary technology for virtual learning.

“We don’t have the technological system to join the school virtually. We need help from the court. There are parents who are drivers,”

Guruswamy submitted.

She also questioned the assumption that indoor air is significantly cleaner than outdoor air during severe pollution, stating,

“Your lordships may allow those parents who want to send their students to school. The poor in this country will send their child to nearby schools.”

The plea further argues that school closures disrupt education without effectively addressing pollution’s root causes.

“Online school is meaningless for kids who do not have access to devices, such as first-generation learners,”

it states. The lack of a classroom environment also hinders essential skill development for younger students, the plea added.

State’s Defense and Other Concerns

Additional Solicitor General (ASG) Archana Dave defended the school closures, highlighting that children remain vulnerable under GRAP IV conditions. Meanwhile, Senior Advocate Gopal Sankaranarayanan raised concerns about transportation, suggesting that pollution levels could worsen due to buses ferrying students to schools.

In response, Guruswamy pointed out that

“poor parents in this country don’t send their children to school via buses. They send them to neighborhood schools.”

Proposed Solutions by Parents

The petitioners suggested several alternative measures to ensure children’s education while addressing pollution concerns:

  1. Revised Timings: Start school after 9:00 AM to avoid peak pollution levels, especially during November to January.
  2. Adjusted Academic Calendar: Close schools for two weeks during peak pollution, compensating by shortening other holidays.
  3. Provision of N95 Masks: Governments should supply masks to students using public funds during pollution season.
  4. Broadcast Classes for Vulnerable Students: Offer remote learning options for children with chronic respiratory issues if AQI remains dangerously high.

The plea stressed the need for sustainable solutions, stating that blanket closures are not effective in addressing the broader pollution crisis.

Supreme Court to Deliberate on December 2

The Supreme Court will address the issue next week, considering suggestions and grievances raised by parents. The debate underscores the need for balancing children’s right to education with health risks posed by Delhi’s alarming air quality. Parents and experts alike emphasize the importance of adopting nuanced, long-term strategies over blanket restrictions.

The Court’s decision could set a precedent for tackling environmental challenges without compromising fundamental rights like education.

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