Pollution risky for kids: SC declines to stop fully online school up to Class 5

THe sublime margaret court on midweek refused to interfere with the new delhi authorities’s decision to shift students up to Class V from a hybrid system to fully online classes, citing the serious health risks posed by air pollution to younger children and holding that such choices are best left to policymakers.A bench led by Chief Justice of India Surya Kant lamented that despite repeated interventions, most measures taken so far to curb air pollution in Delhi-NCR appeared to have “failed”. Given the extreme situation and the fact that the winter break for schools is imminent, the bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi, said there was no reason to upset what it described as a temporary arrangement.“All schools are heading towards the winter break. Let it be considered as an early break for them. If it can prevent and save them from direct and adverse impact of polluted air, let us be patient with the arrangement,” said the bench, adding that the focus should instead be on putting in place better preventive measures from next year.The court was hearing pleas challenging the Delhi government’s December 15 directive mandating fully online classes for students from nursery to Class V, issued amid worsening air quality and the imposition of Stage IV restrictions under the Graded Response Action Plan (GRAP).Senior counsel Menaka Gurusamy, appearing for parents opposing the closure, argued that the decision disproportionately affected children from poorer backgrounds. She contended that while parents continued to step out for work and commute in polluted conditions, their children were being confined to homes that often lacked clean air, adequate space or access to air purifiers. Gurusamy also pointed out that shutting schools deprived many children of mid-day meals, which for some could be the only nutritious meal of the day.The bench, however, remained unconvinced, stressing that courts could not assume the role of “super- specialist or experts” in matters involving public health and policy. “These are temporary measures for extreme situations. We should leave this to the policy makers,” remarked the bench, questioning whether the court could reasonably conclude that daily travel to and from schools posed no risk to young children.Amicus curiae and senior counsel Aparajita Singh pointed out that GRAP itself contemplated a hybrid model and suggested that parents be given the option to choose. But the bench flagged the inherent inequity in such an approach, observing that a hybrid system would expose some children to health risks while others, whose families could afford safeguards, might be better protected. “Will this not be discriminatory?” asked the bench, adding that once the state had acknowledged a serious risk and taken a call to keep children at home, there was little justification for judicial interference.Senior advocate Sidharth Luthra, representing another group of parents seeking a hybrid option, also failed to persuade the court to interfere in the matter and issue some uniform guidelines. The bench reiterated that the decision was neither permanent nor arbitrary and was intended to last only for a short duration.Appearing for the Delhi government, Additional Solicitor General Aishwarya Bhati told the court that the decision to close physical classes for younger children was taken after air quality sharply deteriorated over the weekend. She assured the bench that the directive would be revisited and modified as soon as the air quality showed improvement.Responding to repeated concerns about the impact on poorer children, the bench cautioned against framing the issue purely along economic lines. “Let us not divide society on economic lines but think of a pragmatic approach. Some measures are the need of the hour,” said the court, underscoring that the protection of children’s health had to remain paramount.In its order, the court held that there was no need to intervene at this stage, particularly in view of the approaching winter break. It disposed of the applications while leaving it open to the Commission for Air Quality Management (CAQM) to consider, in future, whether schools should be closed, run in hybrid mode or operate with or without parental choice.The Delhi government’s latest order marked a tightening of its earlier stance. While a December 13 circular had allowed schools to function in a hybrid mode, with attendance left to parental discretion, for students up to Class IX and Class XI, the worsening air quality prompted authorities to mandate fully online classes for younger students, citing their heightened vulnerability to polluted air.