Key Highlights:
- Wellness advocate Luke Coutinho filed a PIL in the Supreme Court seeking declaration of air pollution as a national public health emergency affecting 1.4 billion citizens
- Major Indian cities record PM2.5 concentrations around 105 micrograms per cubic metre, 20 times higher than WHO’s recommended safe limit of 5 micrograms per cubic metre
- Petition highlights systemic failure in implementing the National Clean Air Programme despite allocation of Rs 9,209 crore across 130 cities
India Air Pollution: Opening Overview
A landmark public interest litigation has reached the Supreme Court, demanding immediate judicial intervention to address the escalating India air pollution crisis that has transformed breathable air into a constitutional right denied to over 1.4 billion citizens. Filed by wellness expert and Fit India Movement champion Luke Coutinho, the petition argues that despite a comprehensive statutory framework including the Air (Prevention and Control of Pollution) Act 1981, the Environment (Protection) Act 1986, and the National Clean Air Programme launched in 2019, air quality across urban and rural regions remains dangerously poor and in direct violation of Article 21’s fundamental right to life.
The PIL specifically highlights that annual PM2.5 concentrations in major metropolitan areas including Delhi, Mumbai, Lucknow, Kolkata, Chennai, and Patna regularly exceed the National Ambient Air Quality Standards, with some measurements reaching 105 micrograms per cubic metre. This represents nearly 20 times the World Health Organization’s recommended safe limit of 5 micrograms per cubic metre established in the 2021 WHO Air Quality Guidelines, exposing millions to severe respiratory, cardiovascular, and neurological health risks that no amount of personal wellness practices can offset.
Dear India, this is a health emergency. It’s not business as usual. Hardly anywhere is safe. Look at the PM2.5 levels over 1000 in places. pic.twitter.com/NCFE0Jn2Ex
— Nayanika (@nayanikaaa) November 3, 2025
India Air Pollution: Alarming Air Quality Statistics Reveal National Health Emergency
The petition presented to the Supreme Court contains disturbing data about India air pollution levels that paint a picture of a nation suffocating under toxic air. According to the Air Quality Life Index 2025 report released by the Energy Policy Institute at the University of Chicago, all of India lives in areas where annual average particulate pollution exceeds the WHO’s recommended limit of 5 micrograms per cubic metre. The northern plains face particularly severe conditions, exposing an estimated 544.4 million people to hazardous air quality.
Recent monitoring data from October 2025 revealed that Delhi recorded a monthly average PM2.5 level of 107 micrograms per cubic metre, nearly three times its September average of 36 micrograms per cubic metre. By January 2025, Delhi’s pollution reached even more alarming levels with monthly average PM2.5 concentrations hitting 165 micrograms per cubic metre, marking the fourth consecutive month of severe deterioration. The Central Pollution Control Board’s data shows that 46 percent of India’s population lives in areas where the national annual PM2.5 standard of 40 micrograms per cubic metre has been breached, demonstrating that India air pollution exceeds even the country’s own lenient standards.
India Air Pollution Levels vs. WHO Standards (2025)
| City | Monthly PM2.5 (µg/m³) | WHO Safe Limit (µg/m³) | Times Above WHO Limit | India NAAQS Limit (µg/m³) |
|---|---|---|---|---|
| Delhi (January 2025) | 165 | 5 | 33x | 40 |
| Delhi (October 2025) | 107 | 5 | 21x | 40 |
| Byrnihat (January 2025) | 214 | 5 | 43x | 40 |
| National Average | 105 | 5 | 21x | 40 |
India Air Pollution: Systemic Failures in National Clean Air Programme Implementation
Luke Coutinho’s PIL exposes critical weaknesses in the execution of India’s flagship National Clean Air Programme, despite substantial financial allocations. The government allocated Rs 13,000 crore for air quality improvement measures across 131 non-attainment cities, yet as of December 2023, only Rs 9,209 crore had been utilized by 130 cities, indicating significant underutilization of clean air funds. The petition specifically criticizes authorities for focusing on cosmetic fixes such as anti-smog guns and sprinklers rather than addressing root causes of India air pollution.
Monitoring infrastructure remains grossly inadequate, with the National Clean Air Programme target of 1,500 manual air quality monitoring stations by 2024 remaining unmet by a shortfall of 534 stations. While the Central Pollution Control Board reports that PM2.5 is currently monitored at 611 stations across 277 cities, this falls far short of comprehensive nationwide coverage. The rural monitoring network shows even more severe gaps, with only 26 stations operational against a target of 100 rural monitoring stations by 2024. Furthermore, out of 131 non-attainment cities, only 44 had conducted essential source apportionment studies by December 2023, making targeted pollution reduction strategies nearly impossible.
India Air Pollution: Constitutional Rights and Health Implications of Toxic Air Exposure
The PIL filed by Coutinho frames India air pollution as fundamentally a constitutional rights issue rather than merely an environmental concern. The petition argues that clean air represents a basic prerequisite for the right to life with dignity enshrined under Article 21 of the Indian Constitution. Coutinho emphasizes in the petition that even citizens who follow wellness practices centered on yoga, nutrition, and lifestyle modification find that the very foundation of health is denied when access to clean air is unavailable. The petition cites extensive medical research linking long-term exposure to elevated PM2.5 and PM10 levels with respiratory diseases, cardiac conditions, various cancers, infertility, and neurological damage.
The WHO updated its Air Quality Guidelines in 2021 specifically because new scientific evidence demonstrated that poor air quality damages human health at even lower concentrations than previously assumed. The annual PM2.5 concentration limit was tightened by 100 percent from 10 micrograms per cubic metre in the 2005 guidelines to just 5 micrograms per cubic metre in 2021. Coutinho’s petition highlights that India air pollution represents a moral and social injustice, with poorer communities facing greater exposure with fewer means to protect themselves from toxic air.
Demands for Judicial Intervention and Enforceable Action Plans
The Supreme Court petition seeks comprehensive judicial intervention to transform India air pollution management from voluntary guidelines to enforceable legal mandates. Coutinho demands that the court declare air pollution a national public health emergency and make the National Clean Air Programme legally enforceable with binding timelines for pollution reduction. The PIL calls for establishment of a National Air Quality Surveillance System enabling real-time nationwide monitoring, with expansion of air quality monitoring stations from the current 559 continuous monitoring stations to 4,000 stations across urban and rural areas.
The petition urges constitution of an independent expert committee to oversee implementation, conduct comprehensive source apportionment studies identifying specific pollution sources, and establish accountability frameworks for both government agencies and industrial polluters. Additional demands include legally binding emission targets, creation of a National Health Registry to track pollution-related diseases, and integration of air quality goals with national health policy and school safety protocols.
The petition also seeks strict enforcement of existing laws including the Air Act and Environment Protection Act, with time-bound directions to ensure meaningful ambient air quality reduction across India. Filed by advocate Rooh-e-Hina Dua on behalf of Coutinho, the PIL emphasizes that clean air is not a privilege but a constitutional right that requires immediate protection through judicial intervention.
Closing Assessment
The Supreme Court PIL on India air pollution represents a critical juncture in the nation’s struggle to protect public health against toxic air that kills millions annually. With PM2.5 levels in major cities exceeding WHO safe limits by up to 43 times and comprehensive policy failures evident in underutilized budgets and inadequate monitoring infrastructure, the petition demands transformation of air quality management from aspirational targets to legally enforceable rights. The Commission for Air Quality Management, established as a statutory body under the 2021 Act for the National Capital Region and adjoining areas, has powers including restricting activities influencing air quality and issuing binding directions, yet implementation remains fragmented.
As India air pollution continues to violate the fundamental right to breathable air for 1.4 billion citizens, Coutinho’s PIL challenges the Supreme Court to recognize that wellness cannot exist without clean air and that constitutional protections must extend to the most basic requirement for human survival. The outcome of this litigation could fundamentally reshape India’s approach to air quality management, potentially establishing clean air as an enforceable constitutional right rather than an environmental aspiration that remains perpetually unfulfilled despite billions allocated and countless policy announcements made.
