Supreme Court directs CAQM to consider relaxing GRAP norms for educational institutions

“We are leaving it to the CAQM to decide if norms of GRAP-III and IV can be relaxed, and exceptions could be carved, by today or by tomorrow morning,” the Supreme Court observed

The Supreme Court on Monday (November 25, 2024) directed the Commission for Air Quality Management (CAQM) to immediately consider and take a call on relaxing GRAP-IV restrictions requiring the discontinuation of physical classes in schools and colleges in Delhi and national capital regions.

A Bench of Justices A.S. Oka and Augustine George Masih ordered the CAQM to take a call by this evening or latest by November 26 morning.

The Court explained that various factors have led to the passing of this order. These include that many students studying in primary classes and attending anganwadis have been deprived of midday meals at school.

A large number of students do not have the facility to attend online classes at home.

In the case of many students, their homes do not have air purifiers, hence, staying at home instead of going to school made no difference.

The Court left the CAQM to decide on whether or not to resume classes for Classes 10 and 12.

The Bench said there would be schools without online facility while, on the other hand, there would be students who cannot afford online facilities at their homes.

“We are leaving it to the CAQM to decide if norms of GRAP-III and IV can be relaxed, and exceptions could be carved, by today or by tomorrow morning,” the Court observed.

The Court, noting that the Air Quality Index in Delhi (not the NCR) ranged between 318 and 419 between November 20 and November 24, directed the CAQM to place updated data on the next date of hearing on November 29.

The updated would be perused to consider and pass further orders on other GRAP-IV measures.

The Court took stern note of the fact that police personnel were not deployed at entry points to the national capital to prevent the entry of polluting vehicles, especially heavy trucks, despite GRAP-IV ban having kicked in on November 18.

The Court directed the CAQM to immediately initiate action against the authorities concerned under Section 14 of the CAQM Act, 2021 for violating the provisions of the statute.

“No earnest action was taken. Some police teams were deputed at two entry points, that too without any specific instructions,” the Bench referred to the report of its 13 Court Commissioners.

The Bench pointed out that in some check points police teams were deployed only on November 22, four days after GRAP-IV was imposed, and that too after the Supreme Court ordered so.

The Court however acknowledged the fact that GRAP restrictions were affecting the livelihoods of various sections of the society, especially construction workers and daily wagers.

The Court ordered the Government of National Capital Territories and other neighbouring States whose areas form parts of the National Capital Regions where GRAP was active to release labour cess funds for distribution among the workers to take care of their subsistence.

The Court reminded the CAQM that it had authority under Section 12 of the 2021 Act to take several mitigating measures to protect labourers, daily wagers, etc, and ensure that they do not suffer

Published - November 25, 2024 04:12 pm IST