SC to decide on easing anti-pollution curbs next week as parents seek re-opening of schools in Delhi

The Supreme Court on Nov 22 said it will consider next week whether to relax certain measures, particularly concerning schools in Delhi-NCR under the Graded Response Action Plan IV (GRAP IV) currently enforced to combat the pollution levels in the national capital region.

A Bench of Justices Abhay S Oka and Augustine George Masih observed that the consequences of GRAP IV are very drastic.

The bench remarked parents of some children moved the court against the suspension of physical classes and conducting online classes for school children.

Schools in Delhi-NCR are shut currently with the students forced to take online classes due to the alarming pollution level.

The parents claimed that not everyone has technological systems available at home for virtual classes of the children.

"We will consider whether this STAGE IV is to be reduced," the Court said.

The bench was hearing the case concerning increasing pollution levels in Delhi and specifically examining the action taken by authorities across Punjab, Haryana, and Uttar Pradesh to curb stubble-burning incidents.

In the previous hearing, the bench called for strict implementation of Stage IV measures under the GRAP. It also asked the affected states to order the closure of physical classes for all school students.

Senior Advocate Meneka Guruswamy representing a group of parents submitted that the assumption behind school closure is that the air inside houses is cleaner.

"We don't have the technological system to join the school virtually. We need help from the court. Some parents are drivers toiling hard to educate their children," Guruswamy submitted.

After the Court asked for suggestions to redress the grievance of working parents, Guruswamy said, "Your lordships may allow those parents who want to send their students to school. The poor in this country will send their children to nearby schools."

However, Additional Solicitor General (ASG) Archana Dave submitted that while the State has full sympathy for the concerns raised, the children will equally be affected with the GRAP-IV in place.

Senior Advocate Gopal Sankaranarayanan said the issue is also of the buses being used to ferry children to the schools.

"I am sorry to say but the poor parents in this country don't send their children to school via buses. They send them to neighborhood schools," Guruswamy said in response.

The Court said it would consider the issue on Dec 2.

In the application moved by a group of eight parents, it has been argued that school closure is not a panacea for the pollution woes of Delhi-NCR.

In their petition, the parents claimed the school closures interfere with the children’s right to education.

“Online school is meaningless for children who do not have access to devices which a majority of the children in Delhi have. Even those who have access to online devices, in the junior classes, online classes do not compensate for the skills that are imparted in the collegial environment of the classroom,” the petition said.

The government should prescribe a set of clear advisories to schools which are followed as soon as the AQI levels rise beyond prescribed safe limits.

Considering that pollution levels are highest in the morning, the schools are directed to not start functioning before 09:00 am. This arrangement can be in place only for the months until January end of next year, according to the plea.

“The academic calendar should be reorganized so that schools are closed for two weeks during the peak period of pollution and this period should be adjusted from the other vacations so that overall academic days remain the same.” It added.

It also suggested governments could use public funds to provide N95 masks to children for use in schools during the pollution season.

“In the event AQI levels remain high beyond a certain period, schools could endeavor to broadcast classes for children who suffer from chronic respiratory issues.” it opined, adding, that long-term solutions are needed instead of blanket closure of educational institutions.