The worsening of air quality across Delhi in India has again led to school closures. Almost all schools have moved towards virtual learning, but this requires internet access. While school closures are implemented with the aim of providing protection, this is, however, disrupting education, especially for disadvantaged children. Poor internet access has kept children out of class, often exacerbating educational digital inequalities and infringing their right to education in the face of school closures due to air pollution. The right to education is recognized under both domestic and international frameworks, particularly Article 21A of the Indian Constitution and Articles 28 and 29 of the United Nations Convention on the Rights of the Child (UNCRC) respectively.
School closures and online learning
Delhi experiences a sharp deterioration in air quality every year with the city’s Air Quality Index (AQI) often reaching “hazardous” or “severe”, frequently exceeding 400. In November 2025, the city’s average AQI touched 425, forcing the governments to impose immediate emergency measures. The Central Pollution Control Board (CPCB) has stated that a “severe” indicator implies serious health impacts for even healthy people. A governmental body called the Commission for Air Quality Management (CAQM) is responsible for responding to the situation through implementation of the Graded Response Action Plan (GRAP), which is an emergency response mechanism imposed according to projected AQI levels. It is imposed in 4 stages, with stages III (severe AQI 400-450) and IV (hazardous AQI >450) being the most stringent. When AQI crosses 400, the immediate response includes school closures and switching to remote learning. In December 2025, Stage IV of GRAP came into effect as the AQI crossed 450. Such emergency measures were also imposed in the years 2016, 2017, and 2023 to prevent children from the risk of exposure to air pollution.
Continuous school closures in Delhi, often for weeks, widen the social chasm between children, as some families have limited digital devices or poor internet connection. Some affluent families have air purifiers and other protective measures, while some live on the margins. Moreover, longer virtual school measures can compromise a child’s overall development by preventing social interactions, peer learning, or playing outdoors. In-person learning has always been preferred for peer social interaction, focused learning environments, and outdoor activities.
Children’s right to education in the context of air pollution
The right to education for children in India is guaranteed in the Constitution of India under Article 21A, which ensures “free and compulsory” education for children between the ages of six to fourteen years. This fundamental right was enforced with the Right of Children to Free and Compulsory Education Act in 2010. India is amongst the 135 countries to recognize the right to education as an intrinsic human right. A recent Supreme Court decision (MC Mehta v Union of India & Ors, WP (CIVIL) 13029/1985) challenged Delhi government’s decision to suspend physical classes on the ground that such blanket closures may sidestep the right to clean environment and right to education, both of which are intrinsic to the right to life and liberty under Article 21 of the Indian Constitution. However, the apex court refused to intervene in any such petition challenging the Delhi government’s action to suspend classes, reasoning that the decision was taken by the Delhi government in view of a public health and administrative response to the air pollution. The court further stated that whether schools should be closed or operate was something which should perhaps be decided with parental consent and consultation (p 18).
Internationally, the UNCRC upholds the right of a child to education and to live in a healthy and protected environment. However, millions of children still face violations of their rights, which includes the denial of adequate education due to factors like climate change. The UN Committee on the Rights of the Child also upheld children’s explicit right to a clean, healthy, and sustainable environment, highlighting that climate change violates a broad range of child rights (General comment no. 26). This resolution calls for states to step in and take action, including to improve air quality, and emphasises children’s need to be included in decision-making spaces. As UNICEF states, clean air is a right for all children, and air pollution can impact their right to health, education, play, and ultimately, life. Breathable air needs to be seen with a human rights lens to the right to life, right to education, and right to a healthy environment, and its absence considered as a deprivation of basic human rights.






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