Clean air initiatives during Diwali and other festivals must transform into a "people’s movement" and controlling pollution during such festivals cannot be achieved solely through judicial decrees and police deployment, the Supreme Court said on Friday.
Hence, it urged the government in Delhi and other authorities to ensure active involvement of local municipal councillors to urge citizens against bursting polluting firecrackers during the upcoming Diwali.
A Bench headed by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana remarked that excessive judicial interventions often trigger higher non-compliance.
"The more orders the Court passes, the more violations there may be. That is the tendency. Involve local councillors. Ask them to appeal to people to ensure that their Diwali celebrations do not contribute to pollution. It should become a people's movement," the CJI observed.
The remarks were made during the hearing of the case titled In Re: Curbing Air Pollution in the National Capital Region - Regulatory and Policy Framework, Air Quality Governance and Other Ancillary Issues, addressing the worsening air quality in Delhi-NCR ahead of the winter season.
During the proceedings, the Amicus Curiae pointed out that physical policing has practical limits and the State "cannot have one police officer in every house."
The more orders the Court passes, the more violations there may be. That is the tendency.Supreme Court
Senior Advocate Aparajita Singh, also assisting the Court as Amicus Curiae, raised concerns over on-ground enforcement, pointing out that vendors exploit permissions granted for green crackers by displaying green boxes at kiosks while clandestinely selling banned conventional firecrackers inside the shops.
Highlighting the acute health risks to younger populations, Singh cited a 2012 Central Pollution Control Board (CPCB) study titled Study on Ambient Air Quality, Respiratory Symptoms and Lung Function of Children in Delhi, which revealed reduced lung function in 43.5% of Delhi schoolchildren compared to children outside the capital.
One of the lawyers appearing in the matter also urged the Bench to recalibrate the Graded Response Action Plan (GRAP) to treat school restrictions independently and trigger protective measures at earlier pollution stages.
Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the government, concurred with the need for heightened awareness campaigns and placed on record a sector-wise compliance chart compiled from NCR States covering construction dust, municipal waste burning, vehicular emissions, and industrial activity.
The Amicus submitted that States tend to act swiftly only when the apex court directly seeks compliance reports or summons top bureaucrats, noting that comprehensive notes segregating airshed management, vehicular pollution, and industrial emissions have been finalized for a full hearing.
Taking the status reports and charts on record, the Bench indicated that it will issue formal directions seeking compliance updates from the concerned authorities and list the matter for detailed consideration immediately after the upcoming diwali break.
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