Delhi air pollution: SC points to winter school break while hearing a plea to open primary classes, mid-day meal

Delhi's perennial struggle with severe air pollution, particularly during the winter months, has become a critical public health and governance challenge. This recurring crisis often necessitates emergency measures, including the closure of schools. The Supreme Court of India frequently intervenes, acting as a guardian of fundamental rights, to address the issue and ensure governmental accountability. The recent plea before the SC regarding the reopening of primary classes amidst high pollution levels brings to the forefront not just environmental concerns but also profound questions of social equity and the right to education.

The background to this situation is Delhi's geographical and meteorological conditions, coupled with anthropogenic factors such as vehicular emissions, industrial pollution, construction dust, stubble burning in neighboring states (Punjab, Haryana, Uttar Pradesh), and biomass burning. These factors combine to create a toxic smog blanket, especially from October to February, leading to a sharp deterioration in the Air Quality Index (AQI). In response, authorities often implement the Graded Response Action Plan (GRAP), which includes measures like banning construction, restricting vehicular movement, and, critically, closing schools. These closures, while intended to protect children from harmful air, have unintended and severe consequences for the most vulnerable sections of society.

What happened in the Supreme Court hearing was a plea to reconsider the blanket closure of primary schools. A senior counsel powerfully argued that for underprivileged children, staying at home, away from school, entails multiple deprivations. Firstly, it directly impacts their Right to Education, enshrined under Article 21A of the Constitution. Secondly, it deprives them of the crucial Mid-Day Meal (now known as PM POSHAN Scheme), a vital nutritional lifeline for millions, which also acts as an incentive for school attendance. The counsel further contended that for these children, whose homes might lack adequate ventilation, air purifiers, or even proper shelter, the intensity of pollution indoors could be worse than in a controlled school environment. This highlights a critical environmental justice issue, where the burden of pollution and its mitigation disproportionately falls on the poor.

Key stakeholders involved in this complex issue include the Supreme Court of India, which plays a pivotal role in environmental governance and the enforcement of fundamental rights. The Government of NCT Delhi and the Central Government (through the Ministry of Environment, Forest and Climate Change, and the Commission for Air Quality Management in National Capital Region and Adjoining Areas - CAQM) are responsible for policy formulation, implementation, and pollution control. Children, especially those from economically weaker sections, are the primary beneficiaries and victims, whose rights to education, health, and nutrition are directly impacted. Parents and guardians advocate for their children's well-being, while environmental activists and NGOs often bring these issues to public and judicial attention.

This issue matters profoundly for India on several fronts. It underscores the challenge of balancing environmental protection with social welfare and fundamental rights. The Right to Life (Article 21), interpreted by the judiciary to include the right to a clean environment, clashes with the Right to Education (Article 21A) and the right to food/nutrition (derived from Article 21 and DPSP Article 47). The Mid-Day Meal scheme, now PM POSHAN, is a flagship program under the National Food Security Act, 2013, designed to combat hunger and promote education, and its disruption has far-reaching consequences for child health and learning outcomes. Historically, Delhi's pollution crisis has seen numerous judicial interventions, from the CNG conversion drive in the late 1990s to the recent establishment of CAQM via an Act in 2021, demonstrating the judiciary's persistent role in pushing executive action.

The future implications are significant. This plea highlights the urgent need for a more nuanced and equitable approach to pollution control. Blanket measures, while seemingly effective, can exacerbate existing social inequalities. It necessitates a shift towards long-term, sustainable solutions for air pollution, focusing on source apportionment and stringent enforcement, rather than solely relying on emergency responses. Furthermore, it calls for robust social safety nets that ensure continued access to education and nutrition, even during environmental crises. The judiciary will likely continue to play a supervisory role, pushing for effective governance and ensuring that policy decisions consider the socio-economic impact on all sections of society, especially the most vulnerable, reflecting the constitutional mandate of a welfare state.

Relevant constitutional articles and policies include: Article 21 (Right to Life, encompassing the right to a clean environment), Article 21A (Right to Education for children aged six to fourteen years), Article 39(f) (Directive Principle of State Policy for the protection of children), and Article 47 (DPSP for raising the level of nutrition and public health). Key legislative frameworks are the Environment (Protection) Act, 1986, and the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021. The PM POSHAN Scheme (Pradhan Mantri Poshan Shakti Nirman) is the operational guideline for the Mid-Day Meal program.