The Supreme Court of India is taking decisive action against the alarming air pollution levels engulfing Delhi and its neighboring areas. Recently, the court declined to relax the stringent measures stipulated under the fourth stage of the Graded Response Action Plan, known as GRAP-IV, asserting its authority to enforce these rules amid the hazardous conditions prevailing within the national capital. On November 25, 2024, the Air Quality Index (AQI) reached unsettling heights, leading the court to demand immediate compliance with the existing regulations.
The apex court ordered the Commission for Air Quality Management (CAQM) to undertake swift actions against officials and entities showing lackluster dedication to implementing GRAP-IV. This initiative correlates with the court's broader commitment to ensuring the republic's air quality standards and safeguarding citizens' health.
During the proceedings, Justices Abhay S. Oka and A.G. Masih underscored the necessity for sustained improvement in air quality before any relaxation of the GRAP-IV measures could be contemplated. "The court cannot permit any relaxation of the Stage IV norms until it is satisfied with a consistent downward trend of the AQI," Justice Oka stated emphatically.
One notable aspect of the court's ruling was its acknowledgment of the children's welfare, particularly concerning school closures. The court highlighted the adverse effects of prolonged closures on students, particularly those reliant on mid-day meals. This sparked the justices to direct CAQM to re-evaluate its stance on keeping schools and Anganwadis shut. The court recognized the vulnerability of many students who do not have access to air purifiers at home, emphasizing there may be little difference between their home and school environments concerning air quality.
According to the court's directives, the CAQM must also determine whether the bans on physical classes for 10th and 12th-grade students would persist. "We expect the Commission to reach a decision on these matters immediately, ideally by the next morning, to facilitate implementation by Wednesday," they instructed. The closure of educational facilities stems from the comprehensive ramifications of GRAP-IV, classified as 'severe' or 'severe plus,' correlates with AQI figures skyrocketing past 450.
While addressing the pressing needs of the labor community, the court mandated the Delhi and NCR governments to utilize the accumulated labor cess funds for providing weekly subsistence allowances to construction workers during the construction ban. The court urged the CAQM to leverage its authority under Section 12(1) of the CAQM Act 2021 to enact measures ensuring vulnerable groups remain supported during such harsh restrictions.
On the enforcement side, the bench was particularly incensed with what it considered gross lapses on the part of the government. Critiques were directed at the insufficient enforcement of GRAP-IV norms at the thirteen entry points of Delhi. Justice Oka noted the lack of adequate supervision and clarity surrounding the operational status of check posts at these locations.
The court pointed out the apparent laxity displayed by the administrative bodies, mandatorily requiring CAQM to issue show-cause notices to responsible agencies and to explore prosecutive measures against them. The necessity for clear communication to the public about entry restrictions for vehicles, particularly trucks, was also addressed, marking the court's emphasis on public awareness.
Despite its criticisms, the court expressed appreciation for the diligent efforts of the thirteen court-appointed commissioners tasked with monitoring compliance with GRAP-IV. Their appointments were renewed, along with directives to continue active monitoring and reporting back to the court regularly.
This decision by India’s Supreme Court reflects its proactive approach to environmental governance, reminiscent of past significant judgments aimed at curbing pollution and reinforcing the right to life as guaranteed under Article 21 of the Indian Constitution. The groundwork for these overarching measures was laid with GRAP, initially introduced back in 2017, to offer structured responses to the air quality crisis through incrementally stringent measures.
The Supreme Court's move to extensively involve the CAQM and once again step up enforcement at the governmental level reflects rising urgency among the judiciary to address public health concerns. With the AQI remaining precariously elevated, industry experts and environmentalists alike are keeping their fingers crossed for lasting improvements as the CAQM gears up to respond to the court's directives.
With the next hearing scheduled for November 28, stakeholders anticipate timely actions and fresh directions from the CAQM, holding out hope for potential adjustments to the existing educational restrictions—while still prioritizing health and safety.
