Supreme Court cautions against extensive orders in Delhi air-pollution case, calls for awareness programmes

The Supreme Court, hearing a matter on air pollution in the National Capital Region, indicated that extensive judicial orders could encourage non-compliance and that the court would rely on expert opinions and the GRAP framework unless peer-reviewed research contradicts them.

Justice Joymalya Bagchi said the court would consider the Central Air Quality Monitoring (CAQM) assessments and any peer-reviewed studies, adding, "We have reason to believe that CAQM takes into consideration all expert opinion, including health professionals... Whatever GRAP says, unless you can rebut it with peer reviewed research papers, we are not going to go into these persuasive arguments."

An amicus curiae, senior advocate Aparajita Singh, warned that air quality in Delhi was hovering in the "severe" category and likened daily exposure to smoking 30 cigarettes. She noted that stubble burning contributed about 14% to the pollution on November 5, but emphasized that it was only one factor in an already poor air-quality scenario.

The bench discussed measures to address stubble burning, with the Chief Justice suggesting that the government could pre-announce rates for farmers who sell stubble to the state and that equipment for stubble management be provided to Gram Panchayats rather than individual farmers. He also mentioned involving agricultural produce procurement corporations for storage and financing.

Union counsel ASG Aishwarya Bhati outlined steps taken by the government, including a scheme for subsidised equipment for farmers and winter-season directives restricting entry of non-BS-VI vehicles into Delhi. She cited plans to phase out diesel-operated autorickshaws by January 1 2027 and other actions covering industrial and vehicular emissions.

The court was also briefed on vehicular pollution, with the Chief Justice highlighting congestion on roads linking Delhi and the NCR and the lack of adequate public transport. He questioned the effectiveness of existing measures, noting that vehicles from other states can enter Delhi without sufficient monitoring. The Union responded that measures such as geo-tagging of pollution certificates and denial of fuel to non-compliant vehicles are being implemented.

The amicus raised concerns that vehicles stopped at Delhi borders and toll plazas idle, increasing emissions, and asked for updates on enforcement. While the ASG acknowledged incomplete implementation, the MCD counsel disputed the extent of idling.

Discussion also touched on the impact of pollution on children. The amicus cited a 2012 study reporting a 43.5% reduction in lung function among Delhi schoolchildren. Justice Bagchi referred to the CAQM’s graded response and cautioned against restricting school attendance, stating that online teaching could compromise education quality.

Concluding the hearing, Justice Bagchi suggested that Diwali celebrations incorporate pollution-awareness programmes, and the Chief Justice warned that overly restrictive court orders might provoke violations, emphasizing the need for public education rather than heavy-handed mandates.