Supreme Court pulls up Delhi government for keeping schools open despite increasing air pollution

A supreme court bench headed by Chief Justice NV Ramana (CJI) today pulled up the Delhi government for keeping the schools open despite alarming levels of pollution in the capital.

The CJI expressed his displeasure over children going to school despite such high levels of pollution. He noted that while elders have been given the option to work from home, children are constrained to go to school. “It is the responsibility of the bureaucracy to come up with creative steps to curb pollution,” said the CJI.  

A general observation by CJI was as to why pollution levels have not come down even though many efforts were being made and many directions have been issued, especially since stubble burning was not a problem anymore.

The CJI while expressing that they were serious about the industrial and vehicular pollution, informed Governments that they were giving 24 hours to them to take a hard look and come up with a solution. The matter will be heard tomorrow at 10 AM.

Courtroom Exchange

[When the hearing for the matter commenced, Tushar Mehta, the Solicitor General of India, submitted that he was in close proximity with a lawyer yesterday whose son had tested positive for COVID-19. Vikas Singh, Senior Advocate, appearing for the petitioner suggested that they all keep their masks on during the proceedings]

Vikas Singh, Senior Advocate, appearing for the petitioners submitted that no development can be at the cost of public health and that the bans imposed by the government might not be effective till “flying squads” implement them efficiently. He was referring to bans on construction.

Singh further submitted that in the past, flying squads have been formed. He further insisted that the court pass some directions to ensure the pollution levels don’t rise next year. He further submitted that today’a Air Quality Index is 500 which means there are some people who are still flouting the restrictions.

Justice Surya Kant expressed that nothing has been followed and that he observed that people are sitting in the middle of the roads with placards that read “Save the environment.” He questioned Delhi government on the CNG buses that were to be procured.  He further expressed his apprehension about the youngsters who are standing on roads with banners and how their health is being protected.

Solicitor General Tushar Mehta submitted that there is a continuous monitory by statutory teams and that some industries in large areas can be closed. He further assured the court that there are flying squads in place.

Justice Chandrachud questioned as to whether there is a statement of the commission as the most potent source of the pollution. The SG answered to this by bringing to the notice of the court that he was instructed the industrial and vehicular pollution contribute the most.

Singhvi submitted that IIT Kanpur has done a proper study on the source of pollution and break up of pollution coming from different sources. The SG further submitted that the officers are working beyond the clock to curb the pollution.

The CJI however expressed his apprehension that the pollution is not coming under control despite all these measures. He further questioned the SG as to how many members are there in the commission.

The CJI further questioned as to what the commission was doing. The SG at this point requested for time so that he will speak with the persons responsible for this including the minister. He further informed the court that there needs to be a reworking in power structure.

 

A 17 year old college student Aditya Dubey had in 2020 filed a Public Interest Litigation (PIL) regarding alarming levels of air pollution in Delhi. The case was listed today in view of an application filed by the petitioners asking the Court to pass appropriate orders in light of excessive levels of air pollution in Delhi at present.

 

 

Case title: Aditya Dubey Vs Union of India