Delhi grapples with severe air pollution: Supreme Court steps in

The national capital is choking under a thick blanket of toxic smog, with air quality deteriorating to hazardous levels, prompting urgent interventions from authorities and the judiciary. On Monday, Delhi's Air Quality Index (AQI) settled at 498, falling into the upper end of the 'severe' category, as weak winds and low temperatures trapped pollutants near the surface. This marks the city's most polluted day this winter and the second-worst December air quality on record.

The Commission for Air Quality Management (CAQM) in NCR and Adjoining Areas has highlighted "recurring negligence" by the Delhi Development Authority (DDA) in maintaining roads, a major contributor to dust pollution. Inspections by flying squads revealed that out of 136 road stretches managed by the DDA, 15 showed high visible dust levels, 38 moderate, 61 low, and only 22 with no dust. The CAQM described these findings as indicating "evident gaps" in upkeep, exacerbating the air pollution crisis. Forecasts suggest the AQI will remain in the 'very poor' category through Wednesday and the following six days.

Amid the escalating health risks, the Supreme Court has taken proactive measures. Chief Justice of India (CJI) Surya Kant has advised lawyers, litigants, and parties-in-person to opt for hybrid or video conferencing (VC) hearings to minimise exposure to the polluted air. The advisory, issued by the Supreme Court registry, aims to ensure smooth court proceedings without inconveniencing stakeholders amid adverse weather conditions.

This follows similar suggestions from other judges, including Justice PS Narasimha, who earlier urged virtual appearances to avoid "permanent damage" from the pollution. The Delhi High Court has also echoed this, recommending hybrid modes for its proceedings.

In a related development, the Supreme Court is set to hear a plea on the air pollution crisis in Delhi-NCR on December 17. A bench led by CJI Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi, will address the issue after senior advocate Aparajita Singh, serving as amicus curiae, highlighted poor implementation of existing anti-pollution measures. Singh said that authorities often fail to enforce protocols unless directed by the court, and noted the disproportionate impact on the poor, including construction workers left jobless under Stage IV of the Graded Response Action Plan (GRAP-IV).

Related concerns

Concerns over children's health surfaced prominently too. Singh informed the court that several schools in Delhi-NCR are bypassing previous judicial directives by conducting outdoor sports activities during the peak pollution months of November and December. She described this as akin to "putting school-going children in a gas chamber," given their vulnerability to polluted air.

Despite court orders to defer such events to safer periods, schools have found ways to circumvent the restrictions, prompting calls for stricter enforcement.

The court has stressed the need for "realistic, enforceable, and capable of actual compliance" orders, rejecting short-term fixes in favour of long-term strategies to reduce pollution gradually. It has also cautioned against treating the air pollution plea as a seasonal matter, committing to bi-monthly hearings.

Health experts warn that prolonged exposure to such high pollution levels poses severe risks, particularly to children, the elderly, and those with respiratory issues, advising indoor activities and mask usage.