The Supreme Court on Monday directed the Commission for Air Quality Management (CAQM) to consider relaxation of GRAP-4 measures in Delhi in terms of education as a large number of students are unable to access mid-day meals. The court noted that there is not much difference in air outside and inside a place and a large number of children cannot access air purifiers.
"Let the commission take a decision at the earliest even without a copy of the order and the ASG can inform the same...The commission shall also decide on continuation of physical classes for 10th and 12th," the top court ordered.
The court said that a chart on AQI in NCR region has been submitted by ASG and it shows
AQI from Nov 20 to 23 ranges from 300 to 419. A bench comprising Justice Abhay S Oka and Justice Augustine George Masih directed the CAQM to consider relaxation of action in terms of clause 5 and clause 8 (only in relation to educational institutions) of GRAP-IV as well as clause 11 of GRAP III measures.
"We direct commission to place the updated data on next date so that court can take steps on Grade 4 measures. We direct the commission to consider relaxation in terms of clause 5 and clause 8 in relation to educational institutions as well as clause 11 of grade 3 measures. The commission will have to consider relaxing norms as large number of students cannot avail mid day meals and large number of children cannot access air purifiers and not much difference in air outside and inside the place. Let the commission take a decision at the earliest even without copy of the order and the ASG can inform the same," the bench said while dictating order.
The court left it to the commission to decide the norms which can be otherwise relaxed from GRAP 2 and 3. The top court said that a decision should be taken by the CAQM in this regard by tomorrow. And the top court will take call on relaxing GRAP-IV measures on Thursday.
SC Directs States To Provide Subsistence To Construction Workers
The court also directed the states to use funds collected as labour cess to provide subsistence to construction workers when such work is prohibited and all states shall comply with the same.
"Several sections of society are adversely affected due to GRAP IV and the commission has all the powers under the act to issue directions to various authorities to ensure that persons in the category of labourers and daily wagers do not suffer. Thus we direct the commission to take several mitigating measures under section 12 of the act," the bench said while pronouncing order.
The latest directions from the court comes after an application was filed by the parents of children belonging to marginalised sections and special needs seeking the resumption of physical classes. It was stated in the application that many families belonging to the less privileged section of the society do not have access to the internet and electronic gadgets, which is depriving them of online education.
SC Pulls Up Authorities Over Implementation Of GRAP-IV Measures
The top court also took a dim view of the authorities over lack of efforts to implement GRAP IV measures. However, the court commended the 13 members of the bar who are appointed as Commissioners for the work which they have done. The court said that their appointment as Commissioner will continue and they will have to continue their visits to various entry points and keep on submitting the reports to the court.
"Let all 13 court commissioners continue work...it is apparent that authorities mentioned in GRAP IV clauses 1 to 3 have not made any earnest effort to implement action under clauses 1 to 3. Commissioners have noted that police were only deployed as on november 23 and thus a serious lapse on part of authorities in clauses 1 to 3. Thus we direct the commission to initiate action under section 14 of CAQM Act 2021," the top court said while dictating order.
