PIL Filed in Supreme Court Urges National Health Emergency as India Grapples with Toxic Air

(Judicial Quest News Network)

New Delhi, November 6, 2025 — In a significant development underscoring the gravity of India’s air quality crisis, a Public Interest Litigation (PIL) has been filed before the Hon’ble Supreme Court of India seeking urgent judicial intervention to curb the rising levels of air pollution across the country. The petitioner has urged the apex court to declare a National Health Emergency, citing the deteriorating air quality as a direct threat to the fundamental right to life under Article 21 of the Constitution of India.

“Despite an extensive statutory and policy framework, comprising the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the revised National Ambient Air Quality Standards (2009) (NAAQS), and the National Clean Air Programme (2019) (NCAP), Commission for Air Quality Management in National Capital Region (NCR) and Adjoining Areas Act, 2021, the ambient air quality in large parts of rural and urban India remains consistently poor and, in many instances, has worsened.”

The PIL has been filed by Luke Christopher Coutinho, a prominent wellness promoter and champion of the Prime Minister’s Fit India Movement, who has raised alarm over the pervasive and worsening air pollution affecting both urban and rural populations. The plea contends that the current levels of air pollution have reached public health emergency proportions, with adverse impacts on respiratory health, cardiovascular conditions, and overall well-being of citizens.

“The public health burden has also created an economic dimension that underscores the urgency of judicial intervention. According to TechSci Research, India’s air pollution control systems market, valued at USD 10.5 billion in 2024, is projected to reach USD 18.16 billion by 2030, with a CAGR of 9.4%, driven largely by rising environmental concerns. Similarly, International Market Analysis Research and Consulting Group (IMARC) projects the market at USD 2.92 billion in 2024, expected to grow to USD 5.01 billion by 2033.”

Key Allegations and Constitutional Grounds

The petitioner has submitted that despite the existence of statutory frameworks such as the Air (Prevention and Control of Pollution) Act, 1981, the regulatory environment has steadily weakened over time. He argues that air quality monitoring remains grossly inadequate, and enforcement of emission norms is sporadic and ineffective.

“As of September 2025, Visakhapatnam, Patna, J Cuttack, Delhi, and Bihar Sharif recorded AQI values multiple times higher than WHO standards. Delhi, Mumbai, Kolkata, and Kanpur continue to report some of the highest PM₂.₅ and PM₁₀ averages, with Delhi recording over 105 µg/m³ of PM₂.₅ annually, more than 20 times the WHO guideline of 5 µg/m³. Even in southern cities such as Chennai, Bengaluru, and Hyderabad, which fare relatively better, PM₂.₅ and PM₁₀ levels consistently exceed WHO standards, exposing millions to heightened risks of asthma, bronchitis, cardiac diseases, strokes, and cancers. Medical evidence confirms that air pollution is now linked to irreversible lung damage in children, surges in lung cancer among non-smokers, and a rise in chronic obstructive pulmonary disease across industrial belts.”

Highlighting the discrepancy between Indian standards and global benchmarks, the plea points out that India’s permissible limits for air pollutants are significantly higher than those recommended by the World Health Organization’s 2021 Air Quality Guidelines, which stipulate stringent annual mean limits for particulate matter and other pollutants.

Implementation Gaps and Delayed Emergency Measures

The petitioner has also criticized the lackadaisical implementation of various schemes and measures announced by the Union and State Governments for air quality management. While acknowledging the ambition behind these initiatives, the plea asserts that they have largely remained on paper, with poor execution and accountability.

A specific grievance has been raised regarding the Graded Response Action Plan (GRAP), which was designed to provide emergency measures during severe air quality episodes. The petitioner contends that GRAP’s activation is frequently delayed until air quality deteriorates to hazardous levels, thereby defeating its preventive purpose.

Reliefs Sought

Among the key reliefs sought in the PIL are:

• Declaration of a National Health Emergency in light of the escalating air pollution crisis.
• Directions to the Central and State Governments to implement existing air quality management schemes in a time-bound and transparent manner.
• Mandate for stricter air quality standards in line with WHO guidelines.
• Strengthening of the regulatory framework under the Air Act and related statutes.
• Establishment of a robust and real-time air quality monitoring system across urban and rural regions.
• Judicial oversight of emergency response mechanisms, including timely activation of GRAP.

Additionally, the petitioner has sought these judicial remedies:

Issue a writ of mandamus directing the Union of India (through MoEFCC) to declare air pollution a National Public Health

Emergency and to frame a time-bound National Action Plan with

statutory backing for immediate implementation.

(ii) Issue directions to make NCAP targets binding with statutory force,

including clear timelines, measurable indicators, and enforceable

penalties for non-compliance.

(iii) Constitute, within four weeks, a National Task Force on Air Quality

and Public Health chaired by an independent eminent

environmental health expert and comprising representatives from

MoEFCC, MoHFW, CPCB, CAQM, NITI Aayog, State Governments, and civil society.

(iv) Direct the Respondents to set up an Integrated National Air Quality

Surveillance System (INAQSS) within three months that integrates

CAAQMS, low-cost sensors, satellite data, and AI/ML predictive

analytics to provide real-time public access to air quality forecasts

and health advisories.

(v) Direct immediate formulation and implementation of a National

Health Registry for pollution-attributed diseases, with mandatory

reporting from hospitals and primary health centres.

(vi) Direct CAQM, CPCB and SPCBs to implement graded emergency

response protocols (GRAP) uniformly across all states during episodes of hazardous pollution.

(vii) Direct the Union Government to allocate and ring-fence adequate

funds for identified interventions under NCAP and ensure

transparent utilisation with quarterly audits.

(viii) Direct steps to phase out high-emitting vehicles, operationalize

vehicle scrappage policy, and incentivise public transport, emobility, and non-motorised transport with central support.

(ix) Direct immediate measures to curb agricultural residue burning,

including deployment of alternatives (in-situ management,

subsidized machinery) and state-level incentive mechanisms for

farmers.

(x) Issue directions to enforce industrial emission norms, mandatory

continuous emission monitoring (CEMS), and disclosure of

emission data.

(xi) Direct setting up of community grievance redressal portals and

strengthen public participation in air quality decision-making.

(xii) Pass any other interim or final orders as this Hon’ble Court may

deem fit in the interest of justice.

The Supreme Court is expected to take up the matter in the coming days, and the outcome could have far-reaching implications for environmental governance and public health policy in India.

The petition has been filed through AoR Rooh-e-Hina Dua