SC slams Delhi govt on Grap IV, directs CAQM to review school closure

Delhi air pollution: Parents request the reopening of schools as children loss access to midday meals and air purifiers

The Supreme Court on Monday directed the Commission for Air Quality Management (CAQM) to review its decision on the closure of schools in Delhi-NCR, especially for classes 10 to 12, citing concerns about students losing access to mid-day meals and air purifiers at home. The top court also criticised the Delhi government for not properly implementing restrictions under the Graded Response Action Plan (Grap) Stage-IV, specifically in terms of restricting the movement of trucks into the region.

 

Closure of schools impact children's midday meals

Senior advocate Meneka Guruswamy, representing parents at the Supreme Court, argued that many students depend on mid-day meals provided in schools, which are unavailable due to the closures. She questioned if air quality at home is better than in schools.

 

A SC bench comprising Justices Abhay S Oka and Augustine George Masih asked the CAQM to reconsider the norms by today or tomorrow, emphasising the need to balance health risks with access to education.

 

Justice Oka highlighted the challenges faced by students without internet access, suggesting that reopening schools should be considered after comparing the air quality index (AQI) data from past years.

 

Senior advocate Gopal Sankaranarayanan, however, cautioned against diluting restrictions, pointing to the potential increase in vehicular emissions from school transport.

 

Enforcement of anti-pollution measures

The top court continued its criticism of the Delhi government and police for lapses in enforcing Grap Stage IV measures, which include restrictions on truck entry into Delhi, ban on certain diesel vehicles and construction activities.

 

Court-appointed commissioners, tasked with inspecting 83 checkpoints, reported inadequate implementation, with personnel deployed only after Supreme Court orders. Additional Solicitor General Aishwarya Bhati admitted that only 23 checkpoints were manned initially.

 

The Court ordered CAQM to prosecute negligent officials under Section 14 of the CAQM Act, 2021, and directed it to ensure effective enforcement of restrictions.

 

Measures to protect labourers and daily wagers

To mitigate the impact of ongoing restrictions, the Court also directed CAQM to issue guidelines to protect labourers and daily wagers, invoking Section 12 of the CAQM Act.

 

Pollution crisis in Delhi and SC hearings

In an earlier hearing on November 18, the Supreme Court expressed concern over the delay in implementing stricter anti-pollution measures under the Grap Stage-IV, therefore directing all NCR states to enforce these measures immediately. The Court emphasised that these restrictions would remain in effect even if the AQI fell below 450.

 

In subsequent hearings, the apex court, finding lapses in the implementation of Grap Stage-IV, appointed 13 lawyers as commissioners to inspect major entry points and report on compliance. It also expressed displeasure over the poor enforcement of restrictions and sought reports on the entry of trucks carrying non-essential goods. The top court also stated that the state government would need the court’s approval before removing any restrictions placed under Grap.

 

On Friday, the SC said that Grap Stage-IV could be removed in four days. However today the Bench decided against this.

 

The Bench highlighted the need for strict adherence to Grap measures, especially to combat stubble burning in Punjab, Haryana, and Uttar Pradesh, identified as major contributors to Delhi's air pollution.

 

[With agency inputs]