Delhi HC dismisses plea moved by law student seeking health insurance on account of air pollution

The petitioner claimed that air pollution affects the lungs and can cause serious diseases like lung cancer.

New Delhi: The Delhi High Court on Monday dismissed a petition moved by an LLM student who sought compensation of Rs 15 lakh and Health Insurance of Rs 25 Lakh from the Central and Delhi government on account of air pollution in the national capital.

The petitioner claimed that air pollution affects the lungs and can cause serious diseases like lung cancer.

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Justice Yashwant Varma dismissed the petition after noting that there was no material or medical proof to show any personal injury to the petitioner Shivam Pandey.While dismissing the petition, the court said, “Court is a serious place and the filing or the right to file a petition in this court is not merely a tool for your resume or your CV. Next time you have a serious issue to raise, you are most welcome to do so.” The court said that the writ petition is misconceived and is accordingly dismissed.

It was stated by the petitioner that pollution is a slow poison that cuts down the life of a person by five to nine years.

After hearing the submissions of the petitioner, the Court said, “I don’t want a general discussion on the subject of pollution and its side effects. I am asking you, to show us the material in support of personal injury by you. Any medical report, any medical evidence, examination of a doctor who may have treated you after you suffered any injury on account of pollution?” The petitioner said that he was facing breathing issues, but the personal injury due to pollution would become visible only in his old age at the age of 70 or 75 years. He also contended that pollution is the root cause of various diseases as it severely affects human health.

The petitioner sought Rs 15 lakh as compensation for specific and exemplary damage caused him due to air pollution. He also sought medical insurance for himself on account of air pollution.

It was stated in the petition that air pollution adversely affects human health and results in headaches, eye and skin irritation, respiratory problems as well as associated ailments.

The petitioner also highlighted that the Supreme Court has already expanded the scope of Article 21 of the Constitution of India by holding the “Right to clean pollution-free environment” as a fundamental right.