Relevance: GS2 – Fundamental Rights, Judiciary; GS3 – Environment | 

Source: The Hindu, Indian Express

 Delhi-NCR’s severe air pollution has once again forced judicial intervention. Toxic air (AQI in “severe” range) exposes children to PM2.5 and PM10, leading to asthma, impaired lung growth, and reduced immunity.

The Supreme Court and Delhi High Court questioned the scheduling of outdoor school sports during peak pollution months, highlighting a conflict between Article 21 (Right to Life) and Article 21A (Right to Education).

What the Supreme Court Said

  • “Playing in foul air amounts to putting children in a gas chamber.”
  • Directed CAQM to urgently review school sports scheduling.
  • Reaffirmed that Right to Life includes the right to clean air, and children’s health cannot be compromised for institutional convenience.
  • Emphasised that state governments and school bodies must prioritise health over routine scheduling.

Challenges & Way Ahead

Challenges

Way Ahead 

NCR’s recurrent “severe” AQI and lack of real-time protective protocols for students.Enforce graded school activity guidelines based on pollution levels (similar to GRAP).
Limited indoor sports infrastructure in government and private schools.Promote indoor PE models, and incentivise schools to build pollution-resilient infrastructure.
Weak coordination between education, health, and environment departments.Strengthen CAQM–Education Dept.–Health Dept. joint advisories.
Long-term childhood exposure increases public health burden.Integrate clean-air targets in city action plans, prioritising children as a vulnerable group.

UPSC Prelims Practice Question

Consider the following statements regarding Fundamental Rights:

  1. The Supreme Court has held that the Right to Life includes the right to clean air.
  2. The Right to Education can be suspended if public health considerations demand temporary restrictions.

Which of the above statements is/are correct?
 (a) 1 only
 (b) 2 only
 (c) Both 1 and 2
 (d) Neither 1 nor 2

Answer: (a)
 (Statement 2 is not constitutionally stated; courts balance rights case-by-case.)

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