December 12th 2024.
In a recent ruling, the Supreme Court of India has directed the Commission for Air Quality Management to take immediate action in the national capital by implementing Graded Response Action Plan Stage-II along with additional measures. The decision was made by a bench led by Justice Abhay S. Oka, which also included Justice A.G. Masih.
The Court emphasized that the Commission should continue with GRAP Stage-II restrictions, but also incorporate additional measures from Stage-III guidelines. This means that if the Air Quality Index (AQI) goes above 350, Stage-III restrictions should be implemented, and if it goes above 400, then Stage-IV restrictions should be put in place.
During the hearing, the Additional Solicitor General Aishwarya Bhati, representing the Commission, clarified that their intention was not to recommend any restrictions below GRAP-II. This was in response to the concern raised by the Court about the severity of air pollution in the national capital.
In addition, the Supreme Court has asked the state governments of Delhi and nearby areas to consider a permanent ban on the use of firecrackers. The Court has requested the governments to submit their stance on this matter and has also promised to issue guidelines on the manufacturing, storage, sale, and distribution of firecrackers.
Furthermore, the Court has assured that it will continue to monitor the payment of subsistence allowance to construction workers when construction activities are temporarily halted under the GRAP regulations. This is to ensure that the workers are not left without income during the implementation of these restrictions.
It is worth mentioning that in November, after the Diwali festival, the Supreme Court had expressed disappointment over the lack of implementation of the firecracker ban in the national capital. It had reprimanded the Delhi government for failing to enforce the ban and requested an affidavit detailing the steps taken to address this issue.
The Court had also suggested that the premises of firecracker sellers should be sealed, and a ban should be imposed on the import of firecrackers from neighboring states. Notably, the Delhi government had already taken a step towards curbing air pollution by issuing a notification in September, prohibiting the use of firecrackers until January 1, 2025.
Delhi's Environment Minister had stated that this decision was made to keep the air clean in the national capital and to mitigate the harmful effects of firecrackers during the winter months. The notification also included a ban on the online sale and delivery of firecrackers in Delhi.
In conclusion, the Supreme Court has once again taken a crucial step towards tackling air pollution in the national capital, and it remains to be seen how the state governments will respond to the call for a permanent ban on firecrackers.
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