Mandatory Measures to Remain in Force Even If AQI Drops Below 400
New Delhi: The Supreme Court on Monday issued a series of stringent directives to combat the worsening air quality crisis in Delhi NCR. Despite fluctuations in the Air Quality Index (AQI), the court ordered the continuation of Graded Response Action Plan (GRAP) Stage 4 measures, highlighting the urgent need to address public health concerns.
The apex court’s bench, comprising Justices Abhay S. Oka and Augustine George Masih, made it clear that “preventive measures under Stage 4 will continue until the court permits otherwise,” ensuring no relaxation in pollution control protocols even if the AQI dips below the critical level of 400.
Table of Contents
Key Directives from the Supreme Court
Mandatory GRAP Stage 4 Measures
The Supreme Court emphasized strict implementation of GRAP Stage 4 protocols. It directed the governments of NCR states and the central government to:
- File Compliance Affidavits: All concerned authorities must report on the steps taken to enforce GRAP measures.
- Constitute Monitoring Teams: Dedicated teams must immediately oversee the enforcement of Stage 4 actions.
- Decision on Clauses: Authorities must act on clauses 6, 7, and 8 of Stage 4 and document their decisions.
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The court also instructed authorities to create a grievance redressal mechanism allowing citizens to report violations, with the CAQM tasked to address these complaints swiftly.
Impact on Education and Public Activities
As part of Stage 4 enforcement, the Supreme Court called on NCR states to shift physical classes for students up to Grade 12 to online mode, prioritizing the health of children.
In addition, all public construction activities have been halted under the GRAP protocols.
Ban on Trucks and Firecrackers
The entry of trucks, except those carrying essential goods, has been banned across Delhi NCR. The Delhi government was also directed to decide by November 25 on implementing a permanent firecracker ban, with the court emphasizing that public health concerns must override all other considerations.
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Criticism of Enforcement Gaps
The Supreme Court rebuked the Delhi government and police for delays in enforcing GRAP Stage 4 during the critical post-Diwali pollution period. Observing insufficient action on firecracker bans, the court ordered the Delhi Police Commissioner to establish a specialized enforcement cell and file a personal affidavit on steps taken.
The bench also criticized the confiscation of only raw materials for firecrackers, terming it inadequate, and reiterated that no religious practice should justify public health hazards.
Constitutional Obligation to Protect Public Health
Reaffirming the right to a pollution-free environment as a fundamental right under Article 21 of the Constitution, the Supreme Court highlighted the constitutional duty of governments to safeguard citizens’ health. “The situation must normalize, and all steps under GRAP Stages 3 and 4 must be taken to ensure this,” the court asserted.
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Severe Pollution Sparks Alarm
The AQI in Delhi NCR remains at hazardous levels, with several areas recording “severe-plus” category readings. Measures under GRAP Stage 4 include:
- Halting public construction projects.
- Banning non-essential truck entry.
- Introducing staggered office timings.
Additionally, NCR states are expected to monitor compliance aggressively through specialized teams.
Looking Ahead
The Supreme Court’s decisive actions aim to address the immediate pollution crisis while emphasizing accountability among authorities.
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Citizens are encouraged to report violations, and all levels of government are urged to act collectively to restore air quality and protect public health.
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