The Supreme Court on Friday said it would consider next week whether to relax certain measures, particularly concerning schools, that are currently in place in Delhi-NCR under the Graded Response Action Plan IV (GRAP IV) to combat the pollution levels in the national capital region [In Re: Commission for Air Quality Management].

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

The Bench made the remark after parents of certain children moved the top court against 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 severe air pollution in national capital.

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 in response.

The Bench was hearing the case concerning pollution 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 closure of physical classes for all school students

Today, 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 court. There are parents who are drivers," Guruswamy submitted.

When 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 child 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.

Adding to this, Senior Advocate Gopal Sankaranarayanan said the issue is also of the busses 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 then said it would consider the issue on December 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.

The school closures interfere with the children’s right to education, the plea contends.

“Online school is meaningless for kids who do not have access to devices which is a majority of the children in Delhi such as first generation learners. 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 plea states.

Accordingly, the parents have made following prayers,

•  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 be directed to not start functioning before 09:00 am. This arrangement can be in place only for the months of November, December and January, as per the plea

•  The academic calendar should be reorganised 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.

• 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 time period, schools could endeavour to broadcast classes for children who suffer from chronic respiratory issues.

It has been stressed in the plea that long-term solutions are needed instead of blanket closure of educational institutions.

[Read Order]

[Live Courtroom Exchange]