The Bombay High Court has taken a stern stance on the continuous deterioration of air quality in Mumbai and the pitiable condition of construction workers. On Tuesday, while hearing a Public Interest Litigation (PIL), the court severely reprimanded the Maharashtra Pollution Control Board (MPCB) and the Brihanmumbai Municipal Corporation (BMC).
During the hearing, the court directly questioned the Maharashtra Pollution Control Board about the concrete steps taken to protect construction workers from toxic air. The court stated that these workers are constantly working amidst severe pollution and health risks, yet no effective safety measures seem to be in place for them.
The bench, comprising Chief Justice Shri Chandrashekhar and Justice Gautam Ankhad, told the officials unequivocally, “You do not care for the poor, at least you could have provided them with masks.” The bench clarified that the so-called monitoring of pollution is limited to papers, and instead of following previous directives, violations are more apparent.
‘Right to Health’ is a Fundamental Right – High Court
During the hearing, Chief Justice Chandrashekhar emphasized that the Right to Health is a fundamental right of every citizen, whether rich or poor. The court questioned the MPCB, “Workers are working amidst severe pollution and health hazards. What guidelines do you have to provide them with safety? Should they not even have masks? Tell us immediately what steps can be taken for their safety starting tomorrow.”
‘Lest the Situation Become Like Delhi’
The Bombay High Court warned the officials, stating that if pollution goes out of control, the situation will become as dire as it is in Delhi. This has been happening in Delhi for the past several years. The court expressed its displeasure, saying that instead of being followed, the old arguments and assurances given by the BMC and MPCB are being violated.
The court observed that a superficial monitoring of pollution is being carried out, which is not satisfactory. Rules such as using tarpaulins or 35-meter metal sheets in large ongoing construction projects in the city are not being adhered to. This is sheer negligence on the part of the builders. Protecting the environment is a constitutional duty of all citizens.
Commissioner Ordered to Appear Again on Wednesday
During the hearing, the Bombay High Court directed the BMC Commissioner Bhushan Gagrani and the Member-Secretary of the MPCB, who were present, to seriously consider this matter. The court asked them to come with concrete solutions and proposals on Wednesday so that the pollution control plan can be implemented at the ground level. The court clarified that it does not wish to halt development work or construction, but adherence to rules is mandatory.
