This is a petition in the nature of public interest pointing out the inaction of the respondent-government departments to address the issue of pollution and smog in the city. It is prayed that the respondent-departments must show what steps they have taken to combat smog in the city, which is a serious health hazardous and inaction on the part of Government is violative of Article 9 of the Constitution of Islamic Republic of Pakistan, 1973.
2. The Secretary, as well as, departmental representatives of Environment Protection Department have tendered appearance and submit that they have formulated "Policy and Action Plan for Control, Mitigation, Advisory and Protective Measures in Extreme Weather Conditions of Dense Smog in the Punjab" ("Policy"), the same has been placed on the record as Mark-A. They add that since last year Environment Protection Department has also procured six air monitoring stations which have been installed at different locations in the city of Lahore and they are tabulating the data in order to formulate future line of action.
3. When asked that inspite of the aforesa id Policy , formulated in the light of directi on given by this Court last year, why there is still smog in the city of Lahore causing serious health hazard to the life of the people? They replied that the Environment Protection Department is still busy in analyzing the data in order to formulate strategic interventions.
The air quality monitoring data placed before the Court by the respondent-department shows daily averages of PM10, PM2.5, CO, NO, NO, O, SO at all five air monitoring stations in Lahore. Examining the daily averages collected by the air monitoring machine installed at the MET office Shadman, Lahore, it is noticed that daily average of recorded at 11:55:00 PM on 06.11.2017 is 358.7 [g/m], while the air monitoring data received from Thokar, University of Engineering & Technology ("UET") and Lakhodahar Stations does not have any data regarding PM2.5.
The data is placed on the record as "Mark-B".
4. As per the Smog Policy , when concentration rises above 300+ it is considered to be a severe health situation which may cause respiratory impact even on healthy people and serious health impact on people with2 3 2 PM2.5 3 PM2.5 lung/heart disease and the health impact can be experienced during light phys ical activity . When asked what actions were taken when the said readings were recorded by the air monitoring machine installed at the MET office, they submitted that they are still analyzing and tabulating the data in order to formulate an action plan. They were asked whether the Environment Protection Department informed the Health Department and School Education Department regarding the concentration touching the highest level, they replied that there was no written correspondence between the Departments.
5. Secretary , Health Department, submitted that they have been holding meetings on daily basis for two weeks, however , the readings of the air monitoring machines were not discussed with the Health Department.
6. The representative of the Health Department also submitted that they never sought such information or received any information from the Environment Protection Department. They submitted that the Health Department has issued health advisory warnings, which were published in the National Dailies to the following ef fect:- {{URDU TEXT}}
7. The representative was asked whether these warnings were based on research regarding effects of smog on health. The answer was that no such research was carried on and these instructions were issued on the basis of their own general understanding.
8. From the above, it appears that Government Departments have no desire, capacity or mutual coordination to deal with the Smog Emergency in the city.
The Smog levels having touched the highest levels according to their own Smog Policy , but no tangible steps were taken by the, Environment Protection Department, Health Department or the School Education Department for the protection of the health or safety of the residents of Lahore including children, pregnant women and persons of old age. This is most disconcerting and disappointing.
9. Ms. Sarah Belal and Fahad Malik, learned amici curiae submitted that if the level of cross 300+ (ug/m3) it calls for declaring of health emergency and in support of this contention referred to the Public Health (Emergency Provisions) Ordinance, 1944. Mr. Ahmad Rafey Alam, learned amicus curiae, had brought portable air monitoring indicator in the Court and submitted that the level of in the Court is 494 (ug/m3) and outside the Court it is slightly over 500(ug/m3).
10. Dr. Maudood Khan, Consultant, Environment Protection Department, Dr. Kamran Cheema, who had come alongwith Secretary Health Department frankly submitted that when concentration of crosses 300+, it causes serious health issues for pregnant women and people suffering from lungs and heart diseases and result in long term effects on healthy people. They candidly submitted that the situation warranted the raising of red flag.
11. Considering the above situation, Secretaries of the respective Departments alongw ith law officers were directed to hold an emergent meeting under the chairmanship of Chief Secretary , Punjab in order to formulate an Emergency Action Plan today , and the hearing was postponed till 06:00 p.m.
12. The case was taken up at 06:00 p.m. when the Secretary Environment Protection Department presented the following action plan:- PM 2.5Indicator ColorOverall Description Actions-General Advisory 0-35 Green Good-Minimal Impact - 36-70 Light GreenSatisfactory - May cause minor breathing discomfort to sensitive peopleConsider restriction on Air pollution generating industrial units and construction activities in the affected area No new air pollution generating units allowed 71-105 Yellow Moderately Polluted - May cause breathingConsider shutting down of high air pollution GeneratingPM2.5 PM2.5 PM2.5 PM2.5 2 discomfort to people with lung disease such as asthma, and discomfort to people with heart disease, children and older adultsindustrial units Consider restriction on the use of motor vehicles.
106-140 Orange Poor - May cause breathing discomfort to people on prolonged exposure, and discomfort to people with heart disease.Consider shutting down Of construction activities.
Advise for children and elderly to remain indoors in clean air especially during peak times.
Consider shutting down of primary schools.
141-300 Maroon Very Poor -May cause respiratory illness to the people on prolonged exposure. Ef fect may be more pronounced in people with lung and heart diseases.Shutting down of all educational institution.
Advice for all to remain indoor in clean air .
Everyone to wear mask when outdoor.
Distribution of face masks Closing down of parks 300+ Severe - May cause respiratory impact even on healthy people, and serious health impacts on people with lung/heart disease. The health impacts may beImposition of medical Emergency with the suspension of all other outdoor activities.
Evacuation to the safe places as far as practicable. experienced even during light physical activity.
They submitted that these actions were proposed by the Department but were not included in the Smog Policy because they wanted to wait and further analyze all the data collected.
13. In the present case, dense smog is physically visible in the city and the air monitoring record shows that it has gone above 300+ i.e., the highest level. Doctors have confirmed that the smog levels are seriously hazardous to health of the residents. Inspite of the same no preventive measures to protect the life and health of the people have been put in place. This Court is bound to protect the fundamental rights of the people, therefore, relying on Article 9 of the Constitution, i.e., right to life, read with the internationally recognized precautionary principle, till such time that the Government proposes a detailed action plan, keeping in view the emergent nature of the current crises, the following plan shall be put in place:- SMOG HEAL TH EMERGENCY ACTION PLAN Government and its respective departments shall immediately act according to the directions given in column 4 if concentration is as shown in column 1, below . The action of the Government shall be monitored by the ChiefPM2.5 Secretary .
1 2 3 4 PM2.5Indicator ColorOverall Description 0-35 GreenGood-Minimal Impact - 36-70 Light GreenSatisfactory - May cause minor breathing discomfort to sensitive people?IMMEDIA TELY RESTRICT AIR POLLUTION GENERA TING INDUSTRIAL UNITS AND CONSTRUCTION ACTIVITIES IN THE AFFECTED AREA 71-105 Yellow Moderately Polluted - May cause breathing discomfort to people with lung disease such As asthma, and discomfort to people With heart disease, children and older adults? SHUT DOWN HIGH AIR POLLUTION GENERA TING INDUSTRIAL UNITS ? IMPOSE RESTRICTIONS ON THE USE OF MOT OR VEHICLES.
106-140 OrangePoor - May cause breathing discomfort to people on prolonged exposure, and discomfort to people with heart disease.? ISSUE PUBLIC W ARNINGS FOR CHILDREN AND ELDERL Y TO REMAIN INDOORS IN CLEAN AIR ESPECIALL Y DURING PEAK TIMES. ? SHUT DOWN PRIMAR Y SCHOOLS.
141-300 Maroon Very Poor -May cause respiratory illness to the people on prolonged exposure. Ef fect may be more pronounced in people with lung and heart diseases.? SHUT DOWN ALL EDUCA TIONAL INSTITUTIONS. ? DIRECT EVER YONE T O WEAR MASK WHEN OUTDOOR. ? DISTRIBUTION OF F ACE MASKS ? CLOSING DOWN OF PARKS 300+ Severe - May cause respiratory impact even on healthy people, and serious health impacts On people with lung/heart disease. The health? IMPOSITION OF MEDICAL EMERGENCY WITH THE SUSPENSION OF ALL OTHER OUTDOOR ACTIVITIES.2 impacts may be Experienced even during light physical activity .? EVACUA TION T O THE SAFE PLACES AS F AR AS PRACTICABLE.
In addition to the above, daily readings of the air quality monitoring will be uploaded on the website of the Environment Protection Department and efforts shall be made to put real time data on the website at the earliest. This data should be station wise.
14. The Smog Emergency Health Action Plan will come into motion on the basis of highest reading of any one of the air monitoring stations out of the five stations mentioned above. The petitioner or the amici curiae are free to approach this Court in case there is any lapse on the part of the Government to put the above Emergency Health Action Plan into action.
15. This Emergency Health Action Plan will be widely disseminated by the respective departments in the print and electronic media till such time that the issue of smog comes to a complete end.
16. A revised smog policy clearly spelling out actions, items and the declaration of the public health emergency be submitted before this Court within three months . The new revised policy will assign a role to the Health Department, as well as, School Education Department.
17. To come up for progress report of the concerned departments on 18.12.2017.