Clean Air Is Our Right: Time for Data-Driven Action to Protect Lives in Delhi-NCR

🌫️ Clean Air Is Our Right: Time for Data-Driven Action to Protect Lives in Delhi-NCR

By Amarjeet Singh Panghal, Advocate & Public Policy Professional
Published on: 5 November 2025

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A Nation Gasping for Breath

Every winter, Delhi and North India choke under a blanket of toxic smog. AQI readings routinely hit “severe” levels, crossing 400–500, exposing millions to life-threatening air pollution.

Children, the elderly, and those with respiratory illnesses are the worst affected. Hospitals overflow, outdoor life halts, and citizens are forced to breathe a silent public health crisis.

This is not just an environmental problem — it is a violation of our fundamental right to life under Article 21 of the Constitution.

Health Experts Sound the Alarm

Doctors are now advising children, the elderly, and those with respiratory conditions to leave Delhi-NCR during peak pollution periods to avoid serious health risks. Hospitals report increasing cases of asthma, bronchitis, and other respiratory illnesses every winter. This highlights that air pollution is no longer a seasonal inconvenience — it is a public health crisis affecting millions. Authorities cannot continue to delay action or rely on incomplete data; scientific evidence must be used to protect lives, not hide negligence.

Supreme Court Steps In

On 3–4 November 2025, the Supreme Court directed the Commission for Air Quality Management (CAQM) and the Central Pollution Control Board (CPCB) to submit affidavits detailing proactive measures taken to prevent deterioration of air quality.

The Court expressed serious concern that only 9 out of Delhi’s 37 monitoring stations were operational during the Diwali period, raising the question:

“Without reliable data, how can the Graded Response Action Plan (GRAP) be effectively triggered?”

This order underscores a critical point: clean air is a constitutional right, and authorities cannot remain reactive or allow systemic failures to persist.

Scientific Data Must Be Used Constructively

Data is a tool for prevention, enforcement, and policy improvement, not a shield to avoid accountability.

• Transparent monitoring: All AQI data must be published in real-time and easily accessible. Gaps in data or offline stations must be publicly acknowledged and addressed immediately.

• Proactive measures: Patterns in pollution data should trigger pre-emptive interventions — restricting industrial activity, controlling traffic, managing stubble burning, and issuing public health advisories.

• Policy improvement: Data must guide long-term solutions, not justify inaction. Manipulating, suppressing, or selectively reporting data undermines trust and violates citizens’ rights.

• Independent verification: Citizens, civil society groups, and auditors should have access to data for monitoring and accountability.

Clean Air = Right to Life

The Supreme Court has repeatedly confirmed that the right to life includes the right to breathe clean air.

• Subhash Kumar v. State of Bihar (1991): Article 21 protects pollution-free air.

• M.C. Mehta cases: Established principles of polluter pays, precaution, and public trust.

Yet enforcement gaps persist. Policies exist, but monitoring is weak, compliance is inconsistent, and citizen health continues to suffer. The Supreme Court’s recent orders highlight that law without implementation is meaningless.

Lessons from Other Cities: How Delhi-NCR Can Learn from Global Examples

Delhi-NCR is not alone in facing severe air pollution. Cities around the world have implemented data-driven, proactive solutions. Examining these examples can guide effective interventions here.

1. Beijing, China — Aggressive Emission Controls

• Industrial relocation, coal-to-clean-energy transition, traffic restrictions, urban greening.

• Lesson for Delhi: Combine strict industrial compliance with temporary traffic restrictions and renewable energy adoption.

2. Los Angeles, USA — Technology & Regulation

• Strict vehicle emission standards, phased-out leaded fuel, EV incentives, public air-quality dashboards.

• Lesson for Delhi: Enforcement of vehicular emission norms (BS-VI) and EV promotion, supported by transparent real-time monitoring, reduces exposure and encourages compliance.

3. London, UK — Congestion Charging & Clean Air Zones

• Congestion charges, Ultra-Low Emission Zones (ULEZ), public monitoring and reporting.

• Lesson for Delhi: Implement low-emission zones in high-density areas and couple traffic management with public awareness campaigns.

4. Tokyo, Japan — Integrated Transport & Urban Planning

• Robust public transport, strict industrial emission norms, green infrastructure.

• Lesson for Delhi: Invest in public transport, enforce industrial norms strictly, and increase urban green cover to improve air quality sustainably.

Key Takeaways for Delhi-NCR:

1. Proactive, data-driven action is essential.

2. Traffic management and low-emission zones reduce vehicle pollution.

3. Clean energy transition and EV adoption reduce particulate emissions.

4. Industrial enforcement with penalties prevents unregulated emissions.

5. Urban greening and green infrastructure improve air quality.

6. Public transparency and engagement empower citizens and ensure accountability.

What Citizens Can Do Now

While authorities are pressed to act, citizens can play a constructive role:

1. File complaints with CAQM (link) or CPCB (link) about pollution sources.

2. Use RTI to access operational data from monitoring stations and enforcement records.

3. Support or join PILs demanding accountability and transparency.

4. Promote local initiatives: RWAs, schools, and workplaces can prevent burning waste, encourage public transport, and monitor air quality locally.

5. Raise awareness with verified data, tagging @CAQM_Official and @CPCB_OFFICIAL, demanding weekly public compliance reports.

A Constitutional, Moral, and National Imperative

Clean air is not optional — it is a constitutional guarantee and a public health necessity. Authorities must use scientific data proactively, not manipulate it to avoid accountability.

It is high time for the government to take decisive action to protect the lives of millions in Delhi-NCR. Failure to act not only endangers public health but also tarnishes India’s image internationally as a modern, livable capital.

If air quality continues to deteriorate unchecked, Delhi-NCR risks becoming increasingly uninhabitable — forcing citizens, businesses, and skilled professionals to consider relocating elsewhere.

The Supreme Court’s recent directions are a reminder: protecting our air is a shared responsibility of the State, authorities, and citizens alike. Every delay costs lives. Every inaction denies justice. Clean air is essential to keep the city livable, preserve public health, and safeguard India’s reputation on the global stage.

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🖋️ Disclaimer:

This post is for public awareness. It does not constitute legal advice. Citizens seeking remedies should consult a qualified advocate or file representations before the appropriate authorities or courts.

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