The Supreme Court on Monday directed the Commission for Air Quality Management (CAQM) in the national capital region and surrounding areas to consider reopening schools and colleges for in-person classes, citing the negative impact on students who were missing mid-day meals and lacked the resources to attend virtual classes. These restrictions on physical classes had been enforced due to severe air pollution.
The bench, comprising Justices Abhay S. Oka and Augustine George Masih, further instructed the CAQM to take action against Delhi government and police officials for failing to strictly implement the GRAP-IV (Graded Response Action Plan) measures.
The court noted that authorities had made little effort to enforce these measures, with some police teams deployed at select entry points without clear instructions. The bench emphasized the serious lapse in implementation and ordered the CAQM to initiate action under Section 14 of the CAQM Act 2021.
The court also pointed out that many students did not have air purifiers at home, making the situation at home no better than in schools. The CAQM was tasked with making a decision on the issue by the end of the day or by the next morning, so the decision could be implemented by Wednesday.
However, the Supreme Court refused to relax the GRAP-IV restrictions for now, stating that it could not reduce the curbs to GRAP-3 or GRAP-2 unless the air quality index (AQI) consistently showed improvement.
In light of the severe impact of the restrictions on various sections of society, particularly labourers and daily wage workers, the bench instructed state governments to use funds collected through the labour cess to provide assistance to these workers, especially in areas where construction activities have been banned. The bench reminded the CAQM that it had the authority under Section 12(1) of the CAQM Act 2021 to direct various authorities to take measures to support these workers.
The 13 court-appointed commissioners, who had been assigned to inspect entry points, were instructed to continue their visits and submit their findings to the court.
This ruling followed arguments from senior advocate Menaka Guruswamy, who represented a group of parents. She highlighted that millions of students were missing mid-day meals due to school closures and expressed concerns about the lack of representation from the education sector in the CAQM. Senior advocate Gopal Sankaranarayanan opposed relaxing the restrictions, arguing that air quality inside homes was better than outside.
At the outset of the proceedings, the Supreme Court asked Additional Solicitor General Aishwarya Bhati, representing the Centre, whether there had been a written order for police to be stationed permanently at checkpoints.
Bhati confirmed that police were deployed at 23 major checkpoints and presented a chart showing that AQI levels in Delhi had ranged from 318 to 419 between November 20 and November 24. Senior advocate and amicus curiae Aparajita Singh noted that police personnel had only been deployed at some checkpoints after the court’s intervention, and there was no clarity on the instructions given to them.
The matter will be heard again on November 28. The Supreme Court had previously directed all states in the Delhi-NCR region to form teams to enforce the GRAP-4 restrictions, which would remain in place until further orders. These restrictions primarily target the entry of trucks carrying non-essential goods into Delhi.
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Earlier, the Supreme Court had highlighted the Delhi government’s failure to implement the GRAP-4 restrictions regarding truck entry and instructed that checkposts be set up at 113 entry points. While there was a slight improvement in AQI levels, the bench discussed whether to ease the GRAP-4 restrictions, taking into account the adverse effects of these measures on daily life. Court-appointed commissioners had been inspecting entry points to assess the enforcement of the curbs, with the police tasked with facilitating these inspections.
GRAP, a series of anti-air pollution measures introduced in 2017, classifies air quality in the Delhi-NCR region into four stages: Stage 1 (“poor” AQI 201-300), Stage 2 (“very poor” AQI 301-400), Stage 3 (“severe” AQI 401-450), and Stage 4 (“severe plus” AQI above 450).
(With inputs from PTI)
