Supreme Court Intervenes on School Closures Amid Delhi’s Air Crisis
The Supreme Court has directed the Commission for Air Quality Management (CAQM) to reconsider the closure of schools under the Graded Response Action Plan (GRAP-IV) in Delhi. The decision was prompted by concerns over the impact of school closures on children, particularly those who rely on mid-day meals and lack access to air purifiers or online education resources.
Key Directives from the Court
The court emphasized that the CAQM should evaluate relaxation of specific GRAP-IV measures, particularly clauses 5 and 8 related to educational institutions, and clause 11 of GRAP-III. The top court highlighted the negligible difference in air quality inside and outside buildings, pointing out that many students are unable to afford or access air purifiers.
A bench comprising Justice Abhay S. Oka and Justice Augustine George Masih noted:
“The commission must act swiftly, even without a formal order, to decide on continuing physical classes for grades 10 and 12 while addressing the needs of marginalised students.”
Air Quality and Decision Timeline
A chart submitted by the Additional Solicitor General (ASG) revealed Air Quality Index (AQI) levels in Delhi-NCR ranging between 300 and 419 from November 20 to 23. In response, the Supreme Court directed the CAQM to provide updated data for review and reach a decision by the next day. The court is set to revisit the relaxation of GRAP-IV measures on Thursday.
Addressing Broader Impacts of GRAP-IV
The Supreme Court also instructed states to use labour cess funds to support construction workers affected by GRAP-IV restrictions. These measures prohibit certain activities to curb air pollution, disproportionately impacting daily wage earners.
The bench stated:
“The commission must mitigate the hardships faced by workers under Section 12 of the CAQM Act.”
Concerns Over GRAP-IV Implementation
The court expressed dissatisfaction with authorities’ efforts to enforce GRAP-IV measures, especially under clauses 1 to 3, which involve controlling vehicular pollution and industrial emissions.
However, the court commended the 13 court-appointed commissioners for their work in monitoring compliance at entry points to the city. These commissioners have been tasked with continuing their inspections and reporting lapses to the court.
Advocating for Marginalised Students
The latest directives stemmed from an application filed by parents representing marginalised children and those with special needs. The petition highlighted significant challenges, including lack of access to online education due to limited internet connectivity and electronic devices, depriving many children of their right to education.
The Supreme Court underscored the importance of balancing public health concerns with equitable access to education, especially for disadvantaged communities.
Moving Forward
The CAQM’s upcoming decisions will be pivotal in addressing the dual challenges of protecting public health and ensuring educational equity in Delhi. The Supreme Court’s intervention signals the need for a more nuanced approach to managing the air quality crisis without neglecting vulnerable populations.
