º¬Ðß²ÝÉçÇø

Delhi¡¯s ongoing extreme levels of air pollution are having a deadly and costly effect, and knowledge workers such as lawyers and advocates are not immune, writes Aditya Rangroo

In recent years, Delhi has been grappling with a serious and sometimes hazardous level of air pollution.

The period from October to February usually sees the worst of it, with the air quality index (AQI) exceeding an average of 200 micrograms per cubic metre most days (rated ¡°poor¡±), frequently going above 300 (¡°severe¡±) and, on the worst days, especially during November and December, soaring over 400 (¡°hazardous¡±). At midday on 18 November 2024, the AQI reached 828.

Toxic atmosphere

Delhi¡¯s air pollution has become a perennial problem, with the numerous causes including traffic pollution, pollution from industry and coal-based thermal power plants, and the winter-time burning of crop residues in the neighbouring states of Punjab and Haryana.

The entire city suffers with this constant exposure to poor air affecting the working environment for millions, according to Himavat Chaudhuri, chief legal and regulatory affairs officer at Tata Play.

¡°People want to stay outdoors less, and if they are compelled to do so, they are concerned about the damage that this is going to do to their health,¡± he tells India Business Law Journal.

Nawneet Vibhaw, founder of Panchtattva Advocates in New Delhi, feels that this situation reflects the collective failure of citizens, industries, regulators, government and even the judiciary in tackling an issue, which has been troubling the citizens of Delhi for years.

Vibhaw is of the opinion that everyone living in Delhi NCR has resigned themselves to their fate pretty much. ¡°As lawyers, we have gotten used to this annual menace. Earlier, most people would wear masks. Shockingly, unlike the covid times, many people don¡¯t even wear masks these days despite the poor air quality,¡± he says.

Air pollution this severe is known to have dire consequences on human health, increasing in the number of patients admitted to hospitals with respiratory diseases, cardiovascular problems and itchy eyes.

A doctor at Fortis Hospital in Noida says that in November there was a spike of about 50% in the number of outpatient department visits and admissions compared to previous months. Most of these patients suffered respiratory illnesses, including symptoms of bronchitis and breathlessness, all mainly attributed to the toxic level of air pollution.

Alarm bells have been sounded, too, by the International Agency for Research on Cancer (IARC) of the World Health Organisation (WHO), which classifies air pollution as a class 1 carcinogen.

Jaya Bhatnagar, founder of SiebenIP in Delhi, says that many vehicles were banned from operating in the city due to the enforcement of stage IV of the Graded Response Action Plan (GRAP), making commuting to work difficult.

She says that, as intellectual property law practitioners, there is a requirement to attend virtual hearings. ¡°The Indian Patent Office has strict rules for attending hearings; for instance, a request for adjournment must be filed three days before the hearing date with a substantial official fee. There were instances when our team members could not attend hearings, and due to time constraints, a substitute attorney could not be arranged, which resulted in a significant financial burden for the firm,¡± says Bhatnagar.

Likewise, Astha Sharma, a partner at Aquilaw in New Delhi, says that the annually recurring event of air pollution has negatively impacted her firm¡¯s litigation practice, which otherwise thrives across several courts in the Delhi NCR region.

¡°The main impediment is the inability to make a smooth commute by our litigation team across major courts in the Delhi NCR region and the lack of efficient IT infrastructure in a few courts to support online hearings,¡± she says.