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Supreme Court directs CAQM to consider relaxing GRAP norms for educational institutions

27/11/2024
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In a latest significant verdict, the Supreme Court of India has ordered the Commission for Air Quality Management (CAQM) to study the feasibility of tweaking down the Graded Response Action Plan (GRAP) parameters for schools and colleges. This directive has come amidst rising concerns on the effects that limitations on air quality have on students especially those, who belong to marginalized groups. It also reveals the measure that the court has taken in trying to balance the health of its people against the education of the young population.

Background and Context

New Delhi and the National Capital Region- NCR well-known in the most polluted cities in the world, especially affecting during the winter session. To prevent this CAQM adopted the GRAP which is a parameter of actions to be set off depending on the levels of air pollution. GRAP IV, the highest level of alert, includes stringent restrictions such as the closure of educational institutions, halting construction activities, and banning the entry of non-essential vehicles.

But the recent enhanced GRAP IV measures have raised some concern, especially on students’ learning. This has challenged students particularly those from low income background homes when physical classroom sessions are not possible due to the online nature of learning. However, today’s closing of schools has led to a situation where many kids are not taken care of and offered service such as provision of mid-day meals, which are very vital for their health.

The Supreme Court’s Directive

Realizing this situation, the Apex Court has asked the CAQM to exclude the rigid implementation of the GRAP IV standards for schools. The court was equally aware that for one or another, staying at home could be more dangerous to students and especially for those who are underprivileged. The court’s directive also supports integration of the health effects of air pollution and the learning needs of students.

The Supreme Court has directed the CAQM to come to a ruling by the evening of 25/11 or in the morning of 26/11 on whether schools should re-open for Classes 10 and 12. The court has also requested the CAQM to present updated air quality data on November 29, which will help in considering further measures.

Implications to Student and Educational Institutions

The potential relaxation of GRAP IV norms for educational institutions could have several positive implications:

  • Resumption of Physical Classes: If the CAQM chooses to ease the standards, learners primarily in critical academic years can return to physical learning. This will go along way in dealing with the issue of digital divide as well as make sure that the students in need of the help and directions applicable for their studies are appropriately attended to.
  • Nutrition and Health: The reopening of schools will provide a solution to the lack of midday meals for children after schools remain closed for some time. In many students, school meals acts as probably the most important meal in a day so as to make it through the rest of the day.
  • Mental Well-being: School attendance also plays a major role in the health of students and keeps students in good mental health. The social contact of with peers and teachers within particular age is important for children’ general development and extended segregation leads to negative consequences for their mental health.

Challenges and Considerations

While the Supreme Court's directive provides a ray of hope for students, several challenges and considerations need to be addressed:

  • Health and Safety Protocols: Schools are also likely to adopt new measures to enhance health and safety measures of learners as well as the personnel. This includes disinfection, social distancing and checking the health status of learners among others.
  • Air Quality Monitoring: It’s important to point out that the decrease in GRAP norms does not have any adverse effect of the students’ health, thus constant checking of air quality is required. This may require schools to adopt certain strategies like use of air cleaners and the classes in well ventilated rooms.
  • Stakeholder Coordination: For the achievement of the relaxed norms, the educational stakeholders, health departments together with the CAQM must work harmoniously. In cases where there are new issues, effective communication and cooperation will be key in handling the issue.

Systematic impact on policy and governance

The guidance provided by the Supreme Court to the CAQM appears to have a much protracted significance on policy and management. Here lies a very important call for the formulation of public health interventions that return the dignity of human persons in their diverse demographic contexts. The decision also provides a testimony of the need to involve the court in the handling of fundamental matters that shape the live of the people.

Also, the directive might open the way to similar actions in other territories suffering from deterioration in the air quality. Thus, it underlines the importance of the policy sensitivity in the implementation of measures aimed at adaptation to climate change, as well as at the provision of support for vulnerable communities.

The Commission for Air Quality Management (CAQM)

With the passage of the Commission for Air Quality Management in NCR and Adjoining Areas Act, 2021, the Commission for Air Quality Management (CAQM) in the National Capital Region (NCR) and Adjoining Areas became a Statutory Body. CAQM is responsible for improved coordination, analysis, assessment and addressing of air quality related matters in the NCR and surrounding regions. This entails actions for prevention and control of air pollution and air quality in the National Capital Territory (NCT) of Delhi which is greatly affected.

Mandate and Powers

It is supposed to regulate activities that affect air quality, investigate and study pollution of the environment, affecting air quality, and to draw up codes and recommended practice for controlling and preventing air pollution. The commission empowered to give directions regarding inspections, regulations and other action including those that may bind the concerned persons or authorities.

Composition

The commission is headed by a Government official of not less than Secretary or Chief Secretary who serves in this capacity for a term of three years but in his/her productive tenure up to 70 years of age. Five of the members are ex officio and are either the Chief Secretaries or Secretaries for the department that deals with environment protection in the UP, Punjab, Haryana, Rajasthan and Delhi. Furthermore, CAQM has three technical members in full time and three members drawn from Non-Governmental organizations. Technical members include CPCB, ISRO, and NITI Aayog representatives.

Key Functions

  • Air Quality Monitoring: CAQM is charged with the responsibility of constantly overseeing the quality of air within NCR and other surrounding regions. This keeps track of AQI data and attempts to identify the reasons behind low-quality air.
  • Implementation of GRAP: The commission uses the Graded Response Action Plan (GRAP) these are actions that the commission will take depending on the level of air pollution. As for environmental management, the list of restrictions in GRAP covers construction works, transportation, and manufacturing, among others to help reduce pollution level.
  • Environmental Compensation: CAQM has the power to levy and recover environmental compensation for any activity leading to air pollution including stubble burning. The collected funds are utilized for measures aimed at reducing pollution and supporting affected communities.
  • Public Awareness and Education: The commission takes steps in conducting awareness creating campaigns in matters pertaining to air pollutions and its effects on health. This comprises of launching campaigns, workshops, and education activities in an attempt to ensure the awareness of controlling pollution.

Recent Developments

The Supreme Court of India in its recent direction has asked CAQM to deliberate from engaging Schools and colleges in the NCR for physical class teaching mentioning that many students do not have mid-day meals and infrastructure to attend online classes. It added that in that case the court cannot close the school arguing that this matter requires a balance which will seek to achieve both the health of the public an education as well.

Advantages, Disadvantages, Chances and Risks

However, there are some issues which CAQM has still not been able to overcome in its endeavour to improve the air quality of the NCR. Some of them include; increased coordination between the various state governments, the challenge of an effective regulation and enforcement and on-going public education on the issue. In addition, the recommendations of the commission are still on-going, which included advocating cleaner technologies, high emission controls and efficient public transport.

Graded Response Action Plan (GRAP)

The Graded Response Action Plan (GRAP) is an amalgam of multiple strategies with which India aims to curb prevailing air pollution particularly in National Capital Region (NCR) and surrounding regions. Administered by the Commission for Air Quality Management (CAQM), GRAP is a flexible and forward-thinking approach containing targets that describe exactly what measures should be done depending on the intensity of pollution. It has a multi-stage goal of minimising the impact of environmental air pollution on the health of the community and the surroundings.

Background and Implementation

Originally developed by the Central Pollution Control Board (CPCB) in 2017, GRAP was liberalized as a result of rapidly rising air pollution levels in Delhi and NCR. It was developed due to guidelines of the apex court constituted Environment Pollution (Prevention & Control) Authority (EPCA). The plan comes into operation in certain levels of air quality with certain measures under certain particular times of pollution.

Four Stages of GRAP

GRAP is divided into four stages, each corresponding to a range of Air Quality Index (AQI) levels, and outlines specific measures to be implemented at each stage:

GRAP –I: Moderate to Poor (AQI 201-300):

  • Measures: This should be followed by a frequency increase of mechanized cleaning of roads, periodically water the roads to minimize dust formation, Ban open burning of garbage, and any biomass. Develop, support and encourage the use of publicly owned transport and own and encourage the use of ‘clean’ means of transport like bicycles and on foot.

GRAP –II: Very Poor (AQI 301-400):

  • Measures: It is recommended that mechanized cleaning along tow paths and water sprinkling should be done more frequently especially on gravel. Implement stricter enforcement of pollution control measures in industries. Restrict the use of diesel generator sets and enhance parking fees to discourage the use of private vehicles.

GRAP –III: Severe (AQI 401-450):

  • Measures: implementation of methods like the odd even method for driving where vehicles with odd number plates are only allowed to be on the road on odd dates and vehicles with even number plates are only allowed to be on the road on even dates. Strict up enforcement of traffic regulation with the aim of reducing traffic pile up as well as emissions from vehicles. Close brick kilns, hot mix plants, and stone crushers within the vicinity near the boundary of the town.

GRAP –IV: Severe Plus or Emergency (AQI >450):

  • Measures: Stop operating construction activities such as stone crushers, brick kilns etc. Ban all truck movement into Delhi other than food items. It is recommended to carry out the complete prohibition of diesel generator sets operation. Shut down educational institutions and schools because young kids should also be safe from hazardous air quality. Promote flexible working conditions so that employees do not travel to work so often thereby causing emissions.

Challenges in Implementation

While GRAP provides a structured framework for addressing air pollution, its implementation faces several challenges:

  • Coordination among Authorities: The effective implementation of GRAP entails inter alia the coordination of several authorities such as state governments and municipal bodies and the pollution control board. It often would be difficult to have compliance checks to guarantee that there is compliance across the board by different jurisdictions.
  • Public Awareness and Compliance: Understanding and acceptance for GRAP by the public also plays an important role on the success of the pronouncement. Behaviour change campaigns to ensure the public respects the pollution control measures are part of the plan.
  • Infrastructure and Resources: It is now obvious that some of the measures that are contained in GRAP require adequate infrastructure and resources to implement. Some of these are; The mechanized road cleaning equipment, water sprinklers and; air quality monitoring systems; cleaning of public transport facilities etc.
  • Monitoring and Evaluation: This means that monitoring and consequently assessment of air quality and the measures that have been put in place must be consistent, chiefly if decisions have to be based on more than mere speculation. In terms of strategy improvement and emerging issues, real-time data may be useful in terms of detection or updating.

Future Prospects

The success of GRAP depends on the cooperation of federal authorities and departments, the private sector and society. Future developments involve the incorporation of Resource and Application technology that may include use of artificial intelligence and machine learning to monitor air quality in real time and do predictions. Further, there is strength in the notion that more efforts can be made to develop public-private partnerships in order to improve the capacity of resources and other facilities that may be essential in putting these recommendations into practice.

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