New Delhi, 19 Nov 2024 — In a significant response to the deteriorating air quality in Delhi, the Supreme Court of India has advised all courts to facilitate online hearings wherever feasible. This directive was announced by Chief Justice of India (CJI) Sanjiv Khanna during a discussion with senior lawyers, including Solicitor General Tushar Mehta and prominent advocates Kapil Sibal, Gopal Sankaranarayanan, and Vikas Singh.
The recommendation comes in light of alarming pollution levels in the capital, prompting concerns about the health and safety of litigants and legal professionals. “Pollution is getting out of control,” Sibal remarked during the discussions, emphasizing the urgency of the situation. In response, CJI Khanna stated, “We have said to all judges here – wherever possible, allow virtual hearings.”
Context of the Decision
The Supreme Court’s guidance aligns with ongoing public health measures as the air quality in Delhi has reached hazardous levels, often exceeding an Air Quality Index (AQI) of 450. The Graded Response Action Plan IV (GRAP IV) is activated under such conditions, which includes strict measures such as halting construction activities, closing schools, and implementing vehicle restrictions. However, courts have not been included in this plan, a point raised by Sankaranarayanan during the discussions.
Solicitor General Mehta suggested that the GRAP IV measures could be extended to judicial proceedings, highlighting the need for a comprehensive approach to tackle the pollution crisis. CJI Khanna emphasized the importance of online hearings, stating, “We have given the message to accommodate everybody. Online is anyway available.”
Immediate Actions Taken by the Supreme Court
In a related move, the Supreme Court ordered the Delhi government to suspend physical classes for students up to grade 12 due to the hazardous air quality. This decision was made following a hearing where the court expressed its concern over the health risks posed to children and young adults. The Delhi government swiftly announced the suspension of physical classes, transitioning to online education for the affected students.
Moreover, during the same hearing, Justices AS Oka and AG Masih discussed the possibility of maintaining the GRAP IV measures even if air quality improves, indicating a proactive stance towards environmental health.
Historical Context and Ongoing Challenges
This latest directive is part of the Supreme Court’s broader efforts to address air pollution in Delhi, a persistent issue exacerbated by factors such as vehicular emissions, industrial discharge, and stubble burning in neighboring states. The court has previously criticized authorities for their inadequate responses to pollution, notably after the Diwali festival when firecracker bans were flouted, leading to a spike in pollution levels.
The court has reiterated that the right to live in a pollution-free environment is a fundamental right under Article 21 of the Constitution. In light of this, it has called for stricter enforcement of existing bans and has urged the Delhi government to consider a permanent prohibition on firecrackers.
Conclusion
As the Supreme Court pushes for online hearings and more stringent pollution control measures, it underscores the urgent need for collaborative action among state governments, judicial authorities, and the public to combat the air quality crisis in Delhi. The court’s proactive approach reflects a growing recognition of environmental health as a critical issue that intersects with legal, social, and public health domains.
The ongoing discussions and directives from the Supreme Court serve as a reminder of the judiciary’s role in advocating for public welfare, especially in the face of environmental challenges that threaten the health and safety of citizens. As the situation evolves, the court’s decisions will likely continue to shape the landscape of legal proceedings and public health initiatives in the capital.