November 18, 2024: In a landmark ruling today, the Supreme Court of India underscored that it is the constitutional responsibility of both the Centre and state governments to guarantee that citizens live in a pollution-free environment. The remarks were made during the hearing of a petition concerning the deteriorating air quality in Delhi and its surrounding National Capital Region (NCR).

A bench led by Justices Abhay S Oka and Augustine George Masih directed that immediate measures be taken to curb the growing levels of air pollution, which have become a major health hazard, particularly in urban areas. The court emphasized that the duty to protect citizens' right to clean air is enshrined under the Constitution and must be prioritized by both the central and state governments.

In a significant move, the court also recommended that all state governments in regions severely impacted by air pollution, including Delhi, consider suspending in-person classes for students up to Class 12, citing the health risks posed by the hazardous air quality. This directive aims to reduce exposure to harmful pollutants, which can lead to respiratory problems, particularly among children.

The bench was hearing a petition seeking urgent intervention to address air pollution in Delhi and neighboring areas, where levels of particulate matter (PM2.5) have been hovering at hazardous levels in recent weeks.

During the proceedings, the Supreme Court raised concerns over a critical gap in the monitoring and data collection processes related to one of the major contributors to the region's air pollution: stubble burning in states like Punjab, Haryana, and Uttar Pradesh. The court noted that the current method of tracking farm fires through satellite imagery from the Indian Space Research Organisation (ISRO) was insufficient, as it relied on polar-orbiting satellites from NASA, which capture images at limited intervals — typically only twice a day, around 10:30 am and 1:30 pm. This restricted coverage fails to capture the full extent of farm fires, especially those occurring at other times of the day.

A senior advocate appearing in the case presented new information based on findings from NASA scientists. He revealed that a stationary Korean satellite, which has continuous monitoring capabilities, detected 420 instances of farm fires over a broader timeframe, in contrast to the limited data captured by polar-orbiting satellites. This highlighted the need for more accurate and real-time monitoring of farm fires.

In light of these findings, the Supreme Court directed the Centre, as well as the Commission for Air Quality Management (CAQM), to explore options for acquiring data from stationary satellites, such as the Korean satellite, or other similar alternatives. This move is expected to significantly improve the accuracy and frequency of monitoring farm fires, which are a key source of air pollution in the region.

The Supreme Court's intervention comes as Delhi and NCR face one of the worst air quality crises in recent years, with air quality levels plunging to "severe" categories during the peak of the winter season. The court's direction to both the central and state governments reflects growing concerns over public health and the urgent need for coordinated efforts to tackle air pollution in the national capital.