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Supreme Court on Monday directed the Commission for Air Quality Management (CAQM) to reassess its decision to shut schools in Delhi-NCR for classes 10 to 12.
NEW DELHI: The Supreme Court on Monday directed the Commission for Air Quality Management (CAQM) to reassess its decision to shut schools in Delhi-NCR for classes 10 to 12, citing concerns over the impact on underprivileged students. A Bench comprising Justices Abhay S. Oka and Augustine George Masih highlighted the loss of access to mid-day meals for many students and noted the lack of air purifiers in homes, which makes conditions no better indoors.
The Court instructed the CAQM to decide by the end of the day or the next. Senior Advocate Meneka Guruswamy, representing parents, argued that mid-day meals are a critical source of nutrition for many children, who now face additional hardships due to school closures. She further pointed out that students without air purifiers at home are not necessarily safer from pollution indoors.
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In response, Senior Advocate Gopal Sankaranarayanan cautioned against relaxing air quality measures prematurely, arguing that the ongoing crisis demands caution. However, Justice Oka questioned the accessibility of internet-based education for all children, stressing the inequalities in remote learning.
The Court suggested that schools could be reopened cautiously after comparing current Air Quality Index (AQI) figures with historical data, at least to the extent allowed under Stage III of the Graded Response Action Plan (GRAP).
The Bench expressed dissatisfaction with the implementation of GRAP Stage IV measures, pointing out lapses in the restriction of truck entries into the city and inadequate staffing at checkpoints. Advocate commissioners appointed by the Court revealed systemic negligence, including delays in deploying personnel. The Court directed the CAQM to take disciplinary action under Section 14 of the CAQM Act, 2021, against officials from the Delhi government and police.
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Additionally, the Court ordered the CAQM to prioritize measures to protect labourers and daily wage earners from economic hardships caused by restrictions, invoking Section 12 of the Act for mitigating impacts.
The case extends beyond Delhi, addressing pollution sources in Punjab, Haryana, and Uttar Pradesh, including stubble burning. The Bench reiterated the need for strict implementation of pollution control measures across the region.
While emphasizing immediate accountability and action, the Court commended the efforts of advocate commissioners for identifying enforcement gaps and ordered their continued oversight. These developments underline the urgent need for balanced measures that safeguard public health without disproportionately harming vulnerable populations.
