Restrictions on Vehicles and Construction Proven Ineffective in Reducing Pollution: Supreme Court

The Supreme Court has described measures such as imposing restrictions on vehicles and construction to control air pollution in the National Capital Territory of Delhi as "old, tried and failed tools". According to a Businessline report, a bench presided over by Chief Justice of India Surya Kant questioned the Central Government and the Commission for Air Quality Management (CAQM) whether they possess any "significant scientific method" other than stopping vehicles and construction.

Additional Solicitor General Aishwarya Bhati, appearing on behalf of the Centre and CAQM, argued that it would not be appropriate to call such measures a "complete failure". She stated that pollution has been successfully kept at sustainable levels through emergency and preparatory measures such as the Graded Response Action Plan (GRAP).

Responding to this argument, the Chief Justice remarked that despite these measures, the Air Quality Index (AQI) is reaching 400. Justice Joymalya Bagchi of the three-judge bench, addressing the CAQM, said, "For us, it is either 'severe' or 'very severe'. 'Very poor' has become normal. We have already reached 400. Let us not imagine a scenario where the AQI becomes 100 or less."

Aishwarya Bhati admitted that the AQI is around 400. She added that during the festive season, every human activity generates pollution, and the question is how much of it can be stopped. Delhi attracts talent and people seeking livelihoods from across the country. Additionally, there are some instances of stubble burning. She stated that in many ways they are merely managing, but human activities have increased so rapidly that they have fallen behind in keeping pace with them.

Notably, this discussion took place in court at a time when air quality in Delhi had exceeded 400 and GRAP III restrictions had been implemented.

The Court observed that Diwali has been "commercialised and commodified" by wealthy and status-driven people, leading to an increase in air pollution. The poor, who cannot afford such expenses, have to suffer the worst consequences of this.

The Chief Justice noted that there is a glut of vehicles in Delhi, especially those coming from other states such as Haryana, Uttar Pradesh, Bihar, and Madhya Pradesh. He stated that there is a "free for all" situation on the roads of the capital. He further added that merely improving fuel would not change the pollution figures. He asked the government's legal officer whether there is any system to check what type of fuel is being used, how much pollution vehicles generate, or what the overall condition of the vehicles is. The Chief Justice remarked that even if you tell them to go back, the damage has already been done.

Chief Justice Kant clarified that until the public decides to improve their habits, no court order will be able to clear the receding smog. To control this toxic air, Justice V. Mohan suggested conducting a public awareness campaign. The Court has decided to hear the case again after the Diwali vacation.