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Synopsis

Amid severe air pollution in Delhi NCR, the Supreme Court of India today refused to relax the Graded Response Action Plan (GRAP)-IV measures put in place to curb the worsening air quality.

The bench comprising Justice Abhay S Oka and Justice Augustine George Masih, however, directed the Commission for Air Quality Management (CAQM) to reassess the restrictions placed on physical classes of schools, colleges, and educational institutions, which were suspended last week.

While hearing a plea moved by parents of students seeking resumption of physical classes, the court observed that "Some students are being deprived of the facility of midday meal as the schools and Anganwadis are closed."

In light of this, the court noted that a large number of students do not have access to electronics for online education and do not have air purifiers in their homes.

Furthermore, the court also left it to CAQM to decide on the continuation of the ban on conducting physical classes of 10th and 12th standards."Various aspects can be considered by the Commission. One can be granting relaxation of going to school to those schools and institutions that do not have facility of online education. The other can be of granting relaxation to those students who do not have facilities of online education at their respective residences," the court added.

The court asked CAQM to issue directions to various authorities to ensure that persons in the category of labourers and daily wagers do not suffer. It urged the Commission to implement mitigating measures under Section 12 of the CAQM Act.

Notably, on Friday, the Supreme Court had appointed 13 members of the Bar as court commissioners to visit the truck entry points and verify whether it is being enforced properly.

However, during today’s hearing, the court came down heavily on the Delhi government, while expressing dissatisfaction with its compliance efforts. The court said, "...It is apparent that the authorities have made no earnest effort to implement the action in terms of clauses 1 - 3. Some police teams were deputed at a few entry points that also without any specific instruction..."

A week back, the Supreme Court had issued a circular advising all to ensure the wearing of masks and taking health measures as the air quality is worsening in the Delhi NCR region.

Recently, the Supreme Court had directed all governments in the NCR region to strictly implement Stage 4 of the Graded Response Action Plan (GRAP).

While emphasising that the GRAP 4 will remain in force even if AQI drops below 400, the same bench had observed, "The learned amicus stated that AQI crossed 400 on 12 November. Instead of immediately invoking Stage 3, the Commission directed its implementation from 14 November. The same is the case with stage 4 which was implemented on November 17."

On 11 November, the court had expressed surprise over the delay in imposing the firecracker ban, noting that 'no religion promotes any activity that contributes to pollution or compromises the health of people."

The Supreme Court had while taking note of rampant stubble burning, upheld the right to a pollution-free environment while observing that 'stubble burning is not merely a violation of law but an infringement of the fundamental rights guaranteed under Article 21 of the Constitution.'

In November last year, the Supreme Court had pulled up the governments of Punjab, Rajasthan, Haryana, and UP, asking them to immediately stop stubble burning.

In reference to the worsening of the condition in Delhi NCR, the Supreme Court had remarked that a huge number of taxis were found on Delhi roads, with only one passenger onboard.

Supreme Court had also refused to interfere with the blanket ban imposed by it on the production and sale of firecrackers including green crackers in the Delhi NCR region. The court had further told the Delhi Police that filing cases against people who burn firecrackers may not help in curbing the sale of firecrackers.

Earlier, the apex Court had reiterated the directions issued by the Supreme Court, including banning the use of Barium Salts in the firecrackers and manufacturing and selling joined firecrackers and other directions issued by the Court.

In addition to this, the bench had said, "We are not against any community we want full implementation of orders. We are not against the festivals but we cannot play with the right to life of others."

Case Title: MC Mehta vs. Union of India