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OPEN LETTER TO THE CHIEF JUSTICE OF INDIA
On the Eve of the Hearing on Delhi’s Air Pollution Crisis From the Citizens, Children & Breathless Lungs of Delhi.
Hon’ble Chief Justice Gavai,
Tomorrow, when you sit to hear the matter of Delhi’s unbreathable air, you do so not just as the custodian of the Constitution, but as a man in the final days of his judicial service, standing at a rare moment in history, atleast your personal history, if not that of the nation’s.
This is not just another pollution petition or an open letter. Also this is not just another winter. There is a strong reason one thought to write to you, versus the previous CJIs, perhaps you know best why. May be no CJI retired on the eve of great smog, or may be one did. Or may be no CJI ever acted so ignorant and dismissive (forgive my contempt!). And perhaps no CJI lazed over the fact that air pollution monitors were brazenly manipulated.
Nevertheless, respectfully speaking, this is possibly your last chance to make a stand that the nation, and especially its children, will remember you for.
Sir, allow us to speak truth with respect.
For nearly two decades, citizens, health experts, and environmentalists struggled to warn the courts, and the nation, that firecrackers were not a matter of “culture,” but a matter of lungs, cancer, asthma, stunted growth, and premature death. It took years - years - for the Supreme Court to finally acknowledge this, and impose the ban. Your order reversing this , allowing so-called “green crackers”, undid much of that work. It feels sad that it’s been over a month almost and you haven’t even asked for a status report on your orders violations, and you know they were flouted beyond purity. Unfortunately one gets a feeling that you know that would happened and yet you allowed Delhi to choke, under the fumes of the gaseous firecrackers. May be you didn’t know people would flout the order of the 52nd CJI, perhaps they got the number wrong and misbehaved.
But now, on the brink of retirement, we ask:
Please do not leave the children of Delhi gasping as your judicial farewell.
Sir, this is not a demand for bans, or sweeping overnight orders, or the jailing of farmers.
We do not ask you to take a drastic step, only a decisive one.
Do something that:
- Holds the executive to account
- Forces action where there has only been optics
- Protects the smallest lungs first
- Prevents this annual public health.
Protect children of 2025, atleast.
I have always said, that this is not your job, as in job of the judiciary, it’s the job of the legislature and executive, however when your predecessors have assisted the children of this country, why deny yourself the privilege of doing the same. This was never meant to be the judiciary’s job, but it became yours because the state never performed its duty.
We need that Supreme Court again, not a silent one, not a helpless one.
Sir, this may be hard to say, but it must be said: In your final days, you have a choice, to serve the comfort of the current political moment, or the survival of the future Prime Ministers, future judges, future citizens of this country.
Not as a political act, but as a moral one.
Do not let the final breath of your tenure be indifference.
And incase you are not inclined to take a stand, please sit down, so that you don’t undo the contribution of your predecessors.
Regards,
The stunted Lungs of India
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This is tax payers money, so the full pipeline ought to be open source!
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