The Supreme Court on Monday directed the Commission for Air Quality Management (CAQM) in the Delhi-NCR region to consider resuming physical classes in schools and colleges.
According to PTI, the court noted the adverse impact of the closure on students, especially those lacking the means to attend virtual classes and deprived of mid-day meals.
Physical classes had been suspended recently due to severe air pollution that led to a rise in air quality concerns.
A bench of justices Abhay S. Oka and Augustine George Masih further ordered the CAQM to initiate action against Delhi government officials and the Delhi Police for their “serious lapse” in implementing strict measures under the Graded Response Action Plan (GRAP-IV).
“It is apparent that the authorities mentioned in GRAP-IV clauses 1, 2 and 3 have made no earnest effort to implement actions under these clauses. Some police teams were deputed at a few entry points, but without specific instructions.
Court commissioners have noted that the police were only deployed as of November 23, which indicates a serious lapse on the part of the authorities. We, therefore, direct the commission to immediately initiate action under Section 14 of the CAQM Act 2021,” the bench emphasized – according to PTI.
The court observed that many students lack air purifiers at home, and it makes the conditions at home no different from those at school. “The CAQM is expected to take a decision during the course of the day or by tomorrow morning at the latest so that it can be implemented by Wednesday,” said the top court.
However, the Supreme Court refused to relax the GRAP-IV restrictions in Delhi-NCR for now. It stated that it could not ease the curbs to GRAP-3 or GRAP-2 until it was assured of a consistent downward trend in the Air Quality Index (AQI). The bench acknowledged the challenges faced by several sectors of society, including daily wagers and laborers, because of the ongoing restrictions.
It directed state governments in areas where construction activities had been halted to use labor cess funds to provide subsistence to affected workers. “The commission has all the powers under Section 12(1) of the CAQM Act 2021 to issue directions to various authorities to ensure that persons in the labour and daily-wager categories do not suffer,” the bench said.
The order came after Senior Advocate Menaka Guruswamy, who is representing a group of parents, argued that many students, who depend on mid-day meals, had been deprived of food because of the closure of schools.
She further highlighted that many students did not have air purifiers at home and questioned the composition of the CAQM, which, she said, lacked members from the education sector.
Senior Advocate Gopal Sankaranarayanan opposed the relaxation of measures. He asserted that the air quality inside homes was generally better than outside.
The apex court, in the beginning of the proceedings, asked Additional Solicitor General Aishwarya Bhati, representing the Centre, whether there was any written order directing the police to remain permanently stationed at checkpoints. Bhati confirmed that police personnel had been deployed at 23 major checkpoints. She also submitted a chart showing AQI levels in Delhi from November 20 to November 24, which ranged between 318 and 419.
Senior Advocate and Amicus Curiae Aparajita Singh pointed out that the police personnel had only been deployed at several check posts after the court’s intervention and that there was a lack of clarity regarding the instructions provided to them.
The matter will be heard again on November 28. The court will continue to monitor air pollution levels in Delhi-NCR. The court had previously directed the immediate setting up of teams to enforce GRAP-IV restrictions, which include limiting the entry of trucks carrying non-essential goods into the national capital.
The matter will be heard again on November 28. The court will continue to monitor air pollution levels in Delhi-NCR. The court had previously directed the immediate setting up of teams to enforce GRAP-IV restrictions, which include limiting the entry of trucks carrying non-essential goods into the national capital.
PTI reported, The top court, in its earlier orders, had criticised the Delhi government’s failure to implement GRAP-IV restrictions, especially regarding the entry of trucks. It had mandated the establishment of check posts at 113 entry points. The court is considering whether to ease the GRAP-IV restrictions and the adverse effects of the stringent curbs in the wake of marginal decline in AQI levels.
The GRAP measures classify air quality in Delhi-NCR into four stages based on AQI levels: 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). It was first implemented in 2017.
