Delhi air pollution: SC points to winter school break while hearing a plea to open primary classes, mid-day meal

The Supreme Court on Wednesday, December 17, 2025, chose to stay away from the dilemma of whether primary school children should be sent to school or forced to stay at home to save them from air pollution, banking on the upcoming winter holidays to improve the AQI in the smog-plagued national capital.

The debate focused on the Delhi government’s December 15 circular closing classrooms from kindergarten to fifth grade.

“When you close primary schools, you also close midday meal for these children in the MCD and the government. This is probably the most nutritious meal they get in the day,” senior advocate Menaka Guruswamy, speaking on behalf of the parents before the bench chaired by Chief Justice of India Surya Kant, said.

Ms. Guruswamy argued that school is a better place than home for poor children in these days of high pollution. Their houses would probably be on the side of the road. Their parents, who are domestic workers or workers, may have to go to work, leaving these children alone at home.

“How do these children contribute to pollution… Most of them walk to school,” Ms. Guruswamy said.

For the poor who cannot afford air purifiers, staying at home and out of school deprives them of education, lunch and protection from pollution, the senior advisor said. For them, the intensity of pollution at home may be worse than at school.

“Every time you close schools, you make sure the poor kid doesn’t eat… If rich parents want hybrid, they can get it done in their posh schools. Poor parents who run the city have their children sitting at home. How do they protect themselves from pollution in their homes? They still park our cars, sweep and dust our homes. They don’t have air purifiers in their homes,” said Ms. Guruswamy.

The Chief Justice said these were “political issues” and the courts were not “super experts” to decide whether children would be better off at school or at home during pollution.

Offering an alternative perspective, the CJI said that if children fall ill due to going to school, the poor can afford their medical expenses, let alone the unhealthy trauma the child will be subjected to.

amicus curiae and senior advocate Aparajita Singh said the Delhi government’s circular was against the Graded Response Action Plan (GRAP), which provides for a hybrid option.

But the CJI said the hybrid option had an “inherent” sense of discrimination. Those who can afford hybrid will be able to homeschool their children, while those who cannot will have to physically send their children to school for lessons.

“Let’s not divide society in this way. Let’s think of practical and pragmatic solutions to the problem. These are instant reactions. If something happens to the child, what will be the cost of medical care if he is a poor child?” Chief Justice Kant posed.

Finally, the court returned to school recess and prayed for pollution to subside by the time of reopening.

Chief Justice Kant said, “It is only a matter of a week or so, in the meantime the schools will be closed for the winter holidays. Let’s pray for the AQI to drop…”

Meanwhile, the court also asked the Air Quality Management Commission to take the problem into consideration.