The Supreme Court on Monday directed the Commission for Air Quality Management to review its decision regarding the closure of schools in the National Capital Region, especially for classes 10-12.
A Bench of Justices Abhay S Oka and Augustine George Masih noted that the closure has deprived many students of access to mid-day meals, and many do not have air purifiers at home.
The Court emphasized that the decision to review should be made either on the same day or by the following day.
“The commission will have to consider relaxing norms as a large number of students cannot avail mid-day meals, and many children can’t access air purifiers. There’s not much difference between air inside and outside,” the bench stated.
This followed an application by concerned parents requesting the reopening of schools.
Senior Advocate Meneka Guruswamy, representing the parents, highlighted that millions of students depend on school meals, which are unavailable due to the closure. She further pointed out that since many families do not have air purifiers, it’s uncertain whether the air quality at home is better than in schools. Justice Oka, in response to Senior Advocate Gopal Sankaranarayanan’s opposition to relaxing measures, raised a valid concern: “But what about children who do not have internet?”
Sankaranarayanan responded by comparing this with workers, cleaners, and others who also lack access to such resources.
The Court suggested the possibility of reopening schools after comparing the Air Quality Index (AQI) figures from previous years, under the guidelines of Graded Response Action Plan (GRAP) III.
Sankaranarayanan, however, recommended waiting a few more days, citing concerns about the vehicles transporting children. Despite this, the Court instructed the CAQM to consider relaxing the ban on physical classes.
Regarding other restrictions, the Court maintained that it could not reduce measures under GRAP-IV until the air quality showed significant improvement. The Court also ordered CAQM to take action against Delhi government and police officials for failing to enforce GRAP-IV measures. It found that the authorities had not made sincere efforts to implement clauses related to pollution control. “It is apparent that authorities have not made any earnest effort,” the Court said, directing action under Section 14 of the CAQM Act, 2021.
The Court further ordered the commission to issue directions ensuring that daily wagers and laborers do not suffer due to ongoing restrictions.
The bench was hearing a case concerning Delhi’s pollution crisis, including the measures taken by neighboring states like Punjab, Haryana, and Uttar Pradesh to address stubble burning, a major contributor to air pollution.
The case also involved enforcing Stage IV measures under GRAP, which led to the closure of physical classes for school students.
Recently, the Court had appointed thirteen lawyers as “advocate commissioners” to monitor the implementation of truck entry restrictions in Delhi. These commissioners found several loopholes in the enforcement of these restrictions, noting that Delhi’s transportation department had not manned several key checkpoints.
The Court expressed frustration over the lack of action at various checkpoints and indicated possible prosecution for negligence. “We will direct prosecution against the Commissioner of Delhi,” it said.
Also, court warned of further action against Delhi government officials for their failure to enforce restrictions properly.
Commending the Court’s appointed commissioners for their diligent work, the Court ordered them to continue their assignment and report back regularly.
