A public interest litigation (PIL) has been filed in the Supreme Court, urging it to declare air pollution a nationwide health emergency. The petition, moved by wellness advocate and Fit India Movement champion Luke Christopher Countinho, argues that despite an extensive legal and policy framework, air quality across India remains “consistently poor, dangerous, and violative of the fundamental right to life.”
“The situation has reached a point where over 1.4 billion Indians are forced to breathe toxic air every single day — a direct violation of Article 21,” the plea states.
The petition cites data showing that annual averages of PM2.5 and PM10 levels in major cities such as Delhi, Mumbai, Lucknow, Kolkata, Chennai, and Patna regularly exceed the permissible limits under the National Ambient Air Quality Standards (NAAQS), notified by the Central Pollution Control Board (CPCB). In several cities, PM2.5 concentrations hover around 105 µg/m³, nearly 20 times higher than the WHO’s safe limit of 5 µg/m³.
Despite the existence of the Air (Prevention and Control of Pollution) Act, the Environment (Protection) Act, the National Clean Air Programme (2019), and the Commission for Air Quality Management, the petition points to a “persistent and systemic failure” in addressing the crisis, citing inadequate monitoring infrastructure and “weak, fragmented, and largely symbolic” enforcement.
“Air pollution is no longer just an environmental concern — it has evolved into a major industrial and policy challenge, demanding systemic and coordinated intervention,” the plea notes.
It further highlights that even citizens who adopt healthy lifestyles through yoga, nutrition, and fitness are being denied “the most basic determinant of health — clean air.” This, it says, undermines national wellness initiatives and exposes millions to severe respiratory, cardiovascular, and neurological risks.
The petition calls on the Supreme Court to issue time-bound directives for measurable reduction in ambient air pollution, expansion of air quality monitoring networks across urban and rural regions, and stricter enforcement of environmental laws to safeguard public health.