Justice In The Air: PIL Urges Supreme Court To Declare Pollution National Health Emergency

A public interest litigation (PIL) has been filed before the Supreme Court seeking urgent judicial intervention in the “nationwide public health emergency” caused by escalating air pollution across India. The petition, filed by holistic health coach and wellness expert Luke Christopher Coutinho, contends that the persistent failure by the government to manage air quality is a direct and severe infringement of the fundamental Right to Life and Health guaranteed to every citizen under Article 21 of the Constitution.

The PIL argues that over 1.4 billion citizens are compelled to inhale toxic air daily, with pollution levels in major cities far exceeding safe standards. For instance, annual PM2.5 averages in cities like Delhi are recorded at approximately

105 µg/m³, which is nearly 20 times higher than the World Health Organization’s (WHO) recommended safe limit of 5 µg/m³. The plea highlights the dire human cost, citing studies that confirm 2.2 million schoolchildren in Delhi alone have already suffered irreversible lung damage due to toxic air exposure.

Critique of Existing Policy

The petition levels strong criticism against the existing policy frameworks, including the National Clean Air Programme (NCAP), launched in 2019. Despite its goal to reduce particulate matter, the plea points out that the NCAP has not met its modest objectives. Official data reportedly shows that only 25 of the 130 designated cities have achieved the target reduction in PM levels, while 25 cities have, alarmingly, seen an increase in pollution from the 2017 baseline.

The petitioner also condemns the reliance on “cosmetic or temporary measures” like anti-smog guns, mist sprayers, and artificial rain trials, arguing these cannot substitute for systemic reforms.

Key Demands for Judicial Intervention

The PIL seeks powerful and binding directions from the Supreme Court, including:

Formal Declaration: Declaring air pollution a National Public Health Emergency.

Binding NCAP: Making the NCAP targets legally binding with statutory force, complete with clear timelines, measurable indicators, and enforceable penalties for non-compliance by states and authorities.

National Task Force: Establishing a National Task Force on Air Quality and Public Health, chaired by an independent environmental expert.

Source Control: Directing immediate and effective curbs on primary sources like crop residue burning (with farmer incentives for alternatives), phasing out high-emission vehicles, and mandating real-time emission monitoring with public disclosure for industries.

The landmark plea underscores the transition of air pollution from a mere environmental challenge to a national constitutional crisis that demands an immediate judicial remedy.