Kiran Raj

A public interest litigation (PIL) has been filed in the Supreme Court urging urgent and coordinated action to tackle India’s worsening air pollution crisis.

The petition, brought by Luke Christopher Countinho, wellness ambassador for the Prime Minister’s Fit India Movement, describes the situation as a “public health emergency” that has engulfed both urban and rural India. Countinho argues that despite an existing policy framework, air quality across much of the country continues to deteriorate, posing severe risks to citizens’ health and violating their right to life and health under Article 21 of the Constitution.

The plea notes that concentrations of key pollutants such as PM₂.₅ and PM₁₀ in major Indian cities routinely breach the limits set under the National Ambient Air Quality Standards (NAAQS), 2009. The permissible annual mean values are 40 μg/m³ for PM₂.₅ and 60 μg/m³ for PM₁₀, but actual averages far exceed these thresholds — Delhi’s PM₂.₅ levels hover around 105 μg/m³, Kolkata’s around 33 μg/m³, and Lucknow’s about 90 μg/m³.

Also Read: Supreme Court: Refusing Marriage Doesn’t Constitute Instigation Under Section 107 IPC; Abetment of Suicide FIR Quashed Against Accused

The petition also highlights that India’s standards are already far more lenient than the World Health Organization’s 2021 guidelines, which recommend annual means of 5 μg/m³ for PM₂.₅ and 15 μg/m³ for PM₁₀. “In practice, annual averages in cities such as Delhi (PM₂.₅ ≈ 105 μg/m³), Kolkata (PM₂.₅ ≈ 33 μg/m³), Patna (PM₂.₅ ≈ 131 AQI equivalent), and Lucknow (PM₂.₅ ≈ 90 μg/m³) are not only far above national standards but more than 10–20 times the safe limits recommended by the WHO, thereby placing millions of residents at serious risk of respiratory, cardiovascular, and neurological harm.”

Calling the authorities’ failure to act “persistent and systemic”, the petitioner claims that 1.4 billion Indians are compelled to inhale toxic air daily. He also points out that rural regions are largely excluded from air quality monitoring programs, revealing deep structural weaknesses in the national response.

While acknowledging government efforts such as the National Clean Air Programme (NCAP), the petition asserts that implementation has been “weak, fragmented, and largely symbolic.” “The National Clean Air Programme (NCAP), launched in 2019 with the target of reducing particulate matter by 20–30 percent by 2024 (subsequently extended to 40 percent by 2026), has not met its modest objectives. As of July 2025, official data reveals that only 25 of the 130 designated cities have achieved a 40 percent reduction in PM₁₀ levels from the 2017 baseline, while 25 other cities have in fact seen an increase.”

The plea further cites alarming health impacts. “In Delhi alone, 2.2 million schoolchildren have already suffered irreversible lung damage, as confirmed by government and medical studies,” it notes.

On the inadequacy of monitoring infrastructure, the petitioner argues that current systems are insufficient to capture real trends. “Experts estimate that at least 4,000 stations – 2,800 in urban areas and 1,200 in rural areas – are required to capture real trends, yet NCAP has consistently fallen short of its targets. The monitoring that does exist is urban-centric... This results in critical ‘data shadows,’ where exposure risks of the most marginalized populations remain invisible in official policy, despite being the most affected.”

The plea also criticizes the weakening of the regulatory environment under the Air (Prevention and Control of Pollution) Act, 1981, citing limited enforcement and under-resourced agencies. "Independent assessments of Bharat Stage VI vehicles in the National Capital Region revealed nitrogen oxide emissions many times higher than the permissible limits: 3.2 times for three-wheelers, twice for cars, nearly five times for taxis, and over fourteen times for buses. Yet, despite these violations, no systemic enforcement action was taken. Indeed, in 2019, not a single criminal case was filed under the Air Act in Delhi, despite it being one of the most polluted cities globally."

Also Read: Delhi High Court Grants Ex-Parte Injunction Restraining Sale Of Counterfeit ‘Hero Genuine Oil’ Bottles; Directs Seizure Of Infringing Goods Identical To ‘HERO’ Trademark And Design

The petition also faults the Graded Response Action Plan (GRAP) for being reactive rather than preventive, claiming that measures are implemented only when air quality reaches the “severe plus” category. “Temporary measures such as mist sprayers, anti-smog guns, and artificial rain trials may provide symbolic reassurance but do little to mitigate emissions at the source.”

In light of these findings, the petitioner has sought several directives from the Supreme Court, including:

1. Declaring air pollution a National Public Health Emergency and mandating a time-bound National Action Plan by the Union Government.

2. Making NCAP targets legally binding, with measurable indicators and penalties for non-compliance.

3. Constituting a National Task Force on Air Quality and Public Health, led by an independent environmental health expert and including representatives from key ministries, state governments, and civil society.

4. Immediate measures to prevent crop residue burning, with incentives and equipment support for farmers.

5. Accelerated phase-out of high-emitting vehicles, implementation of the vehicle scrappage policy, and promotion of public and non-motorized transport.

6. Stricter industrial emission norms and public disclosure of monitoring data.

The petition has been filed through Advocate-on-Record Rooh-e-Hina Dua.

Case Title: Luke Christopher Countinho vs Union of India & Ors.

Case No.: W.P.(C) No. 1059/2025.