Delhi Air Emergency: Supreme Court Upholds GRAP-IV MeasuresTiil Further Orders

On Monday, the Supreme Court delivered a stern rebuke to both the Delhi government and the Commission for Air Quality Management (CAQM) over their delayed response to the ongoing air pollution crisis in the national capital. The court emphasized that the Graded Response Action Plan (GRAP), a crucial mechanism designed to control pollution, must be implemented without further delay, especially in light of Delhi’s Air Quality Index (AQI) reaching the “severe plus” category.

The bench, consisting of Justices Abhay S Oka and Augustine George Masih, was hearing a petition concerning air pollution in Delhi and the surrounding areas. During the hearing, the court made it clear that Stage 4 restrictions under GRAP—targeted measures to combat pollution such as halting construction, stopping the use of coal, and intensifying dust control—would remain in force until further notice from the court. “You will not go below Stage 4 without the permission of this court,” said Justice Oka, addressing the Delhi government.

The issue of delayed implementation was a major point of contention. The bench expressed its frustration with the delay in invoking appropriate measures as soon as the AQI reached critical levels. The CAQM, which is responsible for overseeing air quality management in Delhi, explained that Grade 3 measures had been invoked once the AQI levels reached between 300 and 400. However, the court sharply criticized the decision to wait for several days before implementing the necessary actions.

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“This is a lapse on your part,”Justice Oka said, questioning why the necessary measures weren’t applied immediately once pollution levels reached the 300 AQI mark. The court stressed the urgency of timely action, especially when dealing with such a serious environmental issue. Justice Oka also humorously remarked on the unreliability of weather predictions, hinting that relying on uncertain forecasts could no longer be a reason for delay.

The AQI in Delhi surged to an alarming 486 on Monday, marking the worst pollution levels of the season and staying within the “severe plus” category for the second consecutive day. The court’s intervention underscores the grave situation, which has been exacerbated by multiple factors such as stubble burning in neighboring states, vehicular emissions, industrial pollutants, and the burning of garbage. These combined sources of pollution have created a toxic smog that envelops Delhi every winter, severely impacting public health.

As the court session continued, it also turned its focus to other key issues contributing to the city’s pollution levels. The Supreme Court had previously reprimanded the Delhi Police and the state government for their failure to enforce the firecracker ban effectively. Emphasizing that no religious or cultural practice justifies polluting the environment, the court reaffirmed that every citizen has a fundamental right to clean air under Article 21 of the Constitution.

Moreover, the court did not hold back in criticizing the governments of Punjab and Haryana for not complying with central directives regarding the ban on stubble burning. The court pointed out that these states had not taken action against officials who ignored the orders and were instead issuing show-cause notices, thus failing to address the root cause of the pollution issue.

Continued Enforcement of GRAP-IV

Given the worsening air quality and persistent pollution levels, the Supreme Court’s directive to maintain Stage 4 restrictions under GRAP-4 is a critical step in managing the situation. These measures aim to reduce the impact of air pollution on residents’ health, particularly those in vulnerable groups such as children, the elderly, and individuals with respiratory conditions.

The court’s strong stance indicates its determination to push for more effective pollution control measures and holds the authorities accountable for the ongoing air quality crisis. As the city braces for more smog-filled days ahead, the Supreme Court’s directives serve as a reminder of the importance of timely action in tackling environmental disasters.

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