A public interest litigation has been filed in the Supreme Court urging urgent judicial intervention to address what it terms as a “persistent and systemic failure” in controlling India’s worsening air pollution, which the plea describes as a “public health emergency.”
The petition, filed on October 24 by holistic health coach and wellness expert Luke Christopher Coutinho, names the Union Government, Central Pollution Control Board (CPCB), Commission for Air Quality Management (CAQM), NITI Aayog, and the governments of Delhi, Punjab, Haryana, Uttar Pradesh, Bihar, and Maharashtra as respondents.
Coutinho’s plea contends that the ongoing air quality crisis has reached catastrophic levels, violating citizens’ fundamental right to life and health under Article 21 of the Constitution. It seeks a judicial declaration of air pollution as a national public health emergency and calls for a time-bound national action plan with measurable outcomes.
The petition criticises the National Clean Air Programme (NCAP), launched in 2019, for failing to meet even its “modest objectives.” Initially targeting a 20–30% reduction in particulate matter by 2024, later revised to 40% by 2026, the plea cites government data to claim that only 25 of the 130 designated cities have achieved the target reduction in PM₁₀ levels from the 2017 baseline, while 25 cities have recorded an increase.
Similar lapses, it notes, have been observed in major cities like Kolkata and Lucknow, where pollution levels continue to rise despite policy interventions. The plea urges the court to make NCAP targets legally binding by giving them statutory force, with clear timelines, performance metrics, and penalties for non-compliance.
The petition highlights alarming health data, stating that 2.2 million schoolchildren in Delhi have already suffered irreversible lung damage due to toxic air exposure. It argues that the country’s air quality monitoring network remains grossly inadequate, leading to underestimation of pollution levels and weak enforcement.
Key Prayers in the PIL
- Formation of a National Task Force on Air Quality and Public Health, chaired by an independent environmental health expert.
- Immediate curbs on stubble burning, including farmer incentives and sustainable alternatives to crop residue burning.
- Phased elimination of high-emission vehicles and promotion of electric mobility and public transport systems.
- Strict industrial emission norms with real-time monitoring and public disclosure of data.
The plea underlines that despite recurring smog episodes and judicial directions over the years, administrative measures have remained “fragmented and ineffective.” The Supreme Court is expected to take up the matter for preliminary hearing in the coming days.
