The Supreme Court's recent involvement in the debate over reopening schools in Delhi-NCR amidst severe pollution conditions underscores the complex and multi-faceted nature of the ongoing air quality crisis in the region. On Monday, a bench comprising Justices Abhay S. Oka and Augustine George Masih directed the Commission for Air Quality Management (CAQM) to consider allowing the resumption of physical classes. This directive came amid mounting concerns that keeping children at home offers no substantial protection, given that many residences lack air purifiers or adequate ventilation, leaving children exposed to similar pollution levels as they would face outdoors.
Justice Oka highlighted that children from economically disadvantaged backgrounds are particularly at risk, as many depend on mid-day meals provided by schools for their daily nutrition. This reliance has been severely impacted by school closures. In addition, limited access to online education resources, such as stable internet or digital devices, has resulted in significant educational disparities. Senior advocate Menaka Guruswamy emphasized these challenges, stressing the need for a careful and inclusive decision-making process. She also pointed out the absence of representatives from the education sector in CAQM, suggesting that the agency's focus has been predominantly environmental, potentially overlooking the broader social implications of prolonged school closures.
In light of these concerns, the Supreme Court urged the CAQM to expedite its decision, calling for a comprehensive evaluation by Tuesday morning. If deemed feasible, physical classes might resume as early as November 27. The urgency reflects the judiciary’s recognition of the detrimental impact prolonged virtual learning can have on students, especially those from underprivileged communities.
Despite advocating for the reopening of educational institutions, the Supreme Court was adamant about maintaining the stringent measures currently in force under the Graded Response Action Plan (GRAP-4). GRAP-4 is activated when air quality reaches hazardous levels and includes severe restrictions such as prohibiting the entry of trucks carrying non-essential goods into Delhi, halting all construction activities, and enforcing work-from-home guidelines where possible. The Court made it clear that any relaxation of these restrictions would only be considered if there is a consistent and demonstrable improvement in air quality indices.
The bench criticized Delhi’s local authorities for failing to rigorously enforce the existing pollution control measures. Among the noted lapses was the inadequate deployment of police personnel at checkpoints meant to control unauthorized entry into the capital and ensure compliance with GRAP-4 restrictions. To strengthen enforcement, the Court urged the CAQM to take concrete action under the CAQM Act of 2021. Furthermore, it recommended using funds collected through labor cess—a levy on construction projects meant to support labor welfare—to provide financial assistance to daily wage workers who have lost income due to the suspension of construction activities. This suggestion aims to mitigate the economic fallout on vulnerable groups heavily reliant on construction-related jobs.
Additionally, the Court-appointed commissioners, who have been tasked with overseeing the enforcement of anti-pollution measures, will continue to monitor the situation closely. These commissioners are expected to conduct inspections at various entry points into the city to ensure compliance with restrictions. The next hearing is scheduled for November 28, when the Court will review the effectiveness of the ongoing measures and discuss any further steps required to address the pollution crisis.
The discussion around reopening schools comes against the backdrop of a deteriorating air quality scenario in Delhi, which consistently ranks as one of the world’s most polluted cities. Seasonal factors such as the onset of winter typically exacerbate the situation, as lower temperatures and stagnant winds trap pollutants closer to the ground, leading to a rise in harmful particulate matter. Additionally, the burning of agricultural stubble in neighboring states like Punjab and Haryana contributes significantly to the region’s pollution levels, creating a recurring public health emergency every year.
Delhi’s efforts to manage pollution have centered around the Graded Response Action Plan (GRAP), a tiered system of restrictions activated based on real-time Air Quality Index (AQI) data. While GRAP has been instrumental in curbing certain pollution sources, its effectiveness has been questioned due to inconsistent implementation and enforcement. Critics argue that the measures are often reactive rather than proactive, failing to address the root causes of pollution, such as vehicular emissions, industrial discharges, and unregulated construction activities.
The Supreme Court's intervention attempts to foster a more holistic approach, balancing environmental and public health priorities with the educational and socio-economic needs of the population. This judicial push for a nuanced strategy indicates that air quality management in the National Capital Region needs to evolve beyond emergency responses and short-term fixes. It suggests a call for greater accountability, sustained enforcement, and a broader consideration of how pollution control measures affect various sectors of society, from education to labor.
The air quality crisis in Delhi-NCR has reached a point where piecemeal solutions are no longer sufficient. The ongoing challenges highlight the need for systemic changes, such as transitioning to cleaner energy sources, enhancing public transportation, incentivizing electric vehicles, and implementing stricter emission standards. These changes, however, require coordinated action from multiple stakeholders, including the central and state governments, civic bodies, industries, and the public. As the Supreme Court continues to play an active role in this critical issue, it is clear that the dialogue around pollution control in Delhi is no longer just about air quality—it's about ensuring a sustainable and equitable future for all residents, especially the most vulnerable.
