New Delhi: The Supreme Court on Monday today asked the Commission for Air Quality Management, CAQM, to reconsider its decision to keep schools and colleges shut in Delhi, Gurgaon, Noida, Ghaziabad and Faridabad, concerned about the deprivation of mid-day meals to students and their lack of access to virtual learning tools.
The court’s ruling was made at a time when several restrictions were in place due to the draconian Stage 4 (severe plus) measures of the Graded Response Action Plan (GRAP) in view of hazardous air quality.
Noting that too many students lacked air purifiers at home and that their living conditions were not very different from those in the schools, a bench comprising Justices Abhay S. Oka and Augustine George Masih said, “Students are missing mid-day meals, and many don’t have the means to attend virtual classes. This cannot continue.”
Senior advocate Menaka Guruswamy, appearing for the parents, said such a large number of students rely on mid-day meals and urged the court to take a decision immediately.
The bench asked CAQM to consider the matter and give a response by Tuesday morning so that the physical classes could open up from Wednesday.
Action On Malfunctions in GRAP Implementation
The Supreme Court pulled up the Delhi government and police for the lapses in enforcing GRAP Stage 4 restrictions, particularly concerning the ban on truck entries into the capital. “It is apparent that authorities under GRAP-IV clauses 1 to 3 have not made earnest efforts for strict implementation,” the court remarked.
It directed the CAQM to take immediate action against officials for failing to place police teams at checkpoints, as required. “This grave lapse has to be dealt with immediately,” it asserted, on the grounds of Section 14 of the CAQM Act, 2021, for accountability.
Air Quality and GRAP Enforcement
Even as the AQI readings marginally softened, the court did not show any leeway to GRAP-4 curbs, the reasons being that the air quality indices hovered between “severe” to 318-419 AQI levels from November 20 to November 24.
The senior advocate and amicus curiae Aparajita Singh argued before the bench that there were inconsistencies in the enforcement of a truck ban and unclear police deployment at 113 entry points.
The bench had previously flagged Delhi’s failure to enforce GRAP-4 curbs, including the restriction on non-essential goods trucks entering the capital.
Relief for Labourers and Daily Wagers
Conscious of the economic loss thus caused to the daily wage earners and laborers, the court asked the state governments to use the labor cess money for the subsistence of the workers affected. It has also reminded the CAQM that it has eminent authority under Section 12(1) of the CAQM Act to look into the welfare of such vulnerable groups suffering due to the curtailment of pollution.
Court-Appointed Oversight
The bench reaffirmed the role of 13 court-appointed commissioners, who have been tasked with inspecting entry points to monitor GRAP compliance. The reports have brought to light enforcement gaps and specifically police deployment, for which the bench insisted must be corrected forthwith.
The matter is scheduled to come up again on November 28. Meanwhile, the world waits with bated breath as CAQM decides whether or not to open up schools and colleges keeping the general public’s health and education needs in mind.
The GRAP, introduced for the first time in 2017, breaks down air quality into four stages- “poor,” “very poor,” “severe,” and “severe plus” -and each successive stage progressively more stringent in its measures. Stage 4 restrictions currently in place include halting construction activities and restricting entry of non-essential goods trucks into Delhi.
