Daily Editorial Analysis 17 November 2025

Delhi’s Air, A ‘Wicked Problem’ in Need of Bold Solutions

Context

• Each winter, as a grey haze descends upon Delhi and air pollution reaches severe levels, the city returns to a predictable yet devastating cycle.
• Schools close, flights are cancelled, and citizens don masks as the Air Quality Index (AQI) breaches 400.
• Yet this recurring crisis is treated as a seasonal inconvenience rather than a chronic public-health emergency and a deep structural failure.

Structural Roots of a Persistent Crisis

• Despite repeated round tables, expert meetings, and policy discussions, progress remains minimal.
• Long-term exposure to Delhi’s toxic air can reduce life expectancy by up to 10 years, while air pollution costs the country 36% of its GDP, over $36 billion annually. Instead of long-term solutions, governments often resort to short-term fixes such as cloud-seeding or air purifiers in offices.
• Delhi’s geographical position, a basin flanked by the Aravalli hills, creates natural barriers to air dispersal.
• Winter’s temperature inversion and low wind speeds trap pollutants close to the surface, turning the city into a bowl of poison.
• While similar meteorological issues once afflicted Los Angeles, that city responded with aggressive policy reforms and technological innovation, an approach Delhi has yet to mirror.

Human Choices That Intensify the Problem

• Human activity worsens the crisis significantly. Delhi NCR’s 3 crore vehicles, many diesel-powered and poorly regulated, continuously release nitrogen oxides and PM2.5.
• Enforcement of BS-VI norms remains inadequate. Construction contributes nearly 27% of PM2.5 pollution, with dust-control norms routinely violated.
• Industries in neighbouring states emit sulphur dioxide and other toxins, often using outdated technologies.
• Meanwhile, stubble-burning in Punjab and Haryana, despite subsidies and court orders, remains widespread because farmers lack economically viable alternatives.
• Seasonal activities such as Deepavali firecrackers and open waste burning create further dangerous spikes.
• Delhi’s air crisis is thus a wicked problem, multifaceted, cross-cutting, and politically entangled, requiring more than isolated interventions.

A Rare Window of Political Alignment

• For the first time, Delhi and the surrounding NCR states, Haryana, Uttar Pradesh, and Rajasthan, are governed by the same political party as the central government.
• This is a unique chance to eliminate intergovernmental friction and launch a joint Clean Air Mission with scientific expertise, coordinated enforcement, and shared accountability.
• Global models offer clear guidance. London implemented an Ultra Low Emission Zone (ULEZ), modernised transport, and improved building efficiency.
• Los Angeles enforced strict vehicle-emission standards and promoted clean fuel technologies.
• Beijing’s airpocalypse led to sweeping reforms: relocating industries, banning coal, and deploying real-time monitoring, achieving a 35% reduction in PM2.5 levels in five years.
• Delhi must adopt its own Unified Airshed Management Plan, treating the NCR as one pollution zone, with real-time public dashboards, electrified public transport, and strict dust and waste regulations.
• Farmers need scaled-up access to Happy Seeders and bio-decomposers to make stubble management economically feasible.

Beyond Policy: The Behavioural Dimension

• Air pollution is not only a governance issue but a behavioural challenge.
• Citizens must recognise that clean air is a shared responsibility. Awareness campaigns, school programmes, and community initiatives can shift mindsets and build a culture of accountability.

Conclusion

• Delhi’s air crisis is not an act of nature; it is the result of policy inertia, fragmented governance, and collective choices.
• Treating it as a temporary winter nuisance guarantees ongoing illness, economic damage, and environmental decline.
• But confronting it as a structural problem with sustained, coordinated action offers a path forward.
• Delhi can breathe again, but only if we embrace the urgency, political will, and public commitment needed to rewrite this narrative; the real question is no longer what must be done, but whether we will finally act.

Delhi’s Air, A ‘Wicked Problem’ in Need of Bold Solutions FAQs

 Q1. Why does Delhi face severe air pollution each winter?
Ans. Delhi faces severe winter pollution because geographical traps and temperature inversion prevent pollutants from dispersing.

Q2. How does air pollution affect India’s economy?
Ans. Air pollution affects India’s economy by causing healthcare costs, productivity losses, and GDP losses worth 1.36% annually.

Q3. What human activities worsen Delhi’s air quality?
Ans. Human activities such as vehicle emissions, construction dust, industrial pollution, and stubble burning worsen Delhi’s air quality.

Q4. What unique opportunity exists for Delhi and NCR states now?
Ans. A unique opportunity exists because Delhi and the NCR states are governed by the same political party, allowing coordinated action.

Q5. How can citizens contribute to cleaner air?
Ans. Citizens can contribute to cleaner air by adopting responsible behaviour and participating in awareness and community initiatives.

Source: The Hindu

The POCSO Act is Gender-Neutral by Design

Context

• The Supreme Court recently issued notice in a case involving a woman accused of penetrative sexual assault under Section 3 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
• This decision has reignited debate on whether the law applies equally to all genders.
• While the petitioner asserts that the Act is gender-specific, a comprehensive examination shows that POCSO is inherently gender-neutral.

Interpretation of the Supreme Court’s Judgement: A Gender-Neutral Reading of Section 3

• The General Clauses Act and Gendered Pronouns

  • The petition argues that Section 3 applies only to male offenders because it uses the pronoun
  • However, Section 13(1) of the General Clauses Act (GCA), 1897 states that words importing the masculine gender shall be taken to include females.
  • Since the POCSO Act does not explicitly restrict perpetrators to men, the law must be read in a gender-neutral

• Breadth of Acts Defined Under Section 3

  • Section 3 defines penetrative sexual assault in a manner that encompasses:
    • Digital penetration
    • Object penetration
    • Oral penetration
  • Acts where a person induces the child to perform sexual acts with themselves or others
  • These are offences that can be committed by individuals of any gender, reinforcing that the statute’s construction is gender-inclusive.

Legislative Intent: Evidence of Deliberate Neutrality

• Government Clarifications

  • The Ministry of Women and Child Development has repeatedly affirmed that POCSO is a gender-neutral Act.
  • These official responses demonstrate a clear legislative intention.

• The 2019 Amendment’s Statement of Objects and Reasons

  • When the POCSO Amendment Bill (2019) was introduced, it explicitly described the Act as gender-neutral, leaving little room for restrictive interpretations.

• Why Gender-Specific Interpretation Would Be Incorrect

  • While one parliamentary reply emphasised that the Act protects boys also, this cannot be misread to imply that only victims are gender-neutral while perpetrators are not.
  • For comparison, Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023 (erstwhile IPC Section 375) uses the explicitly gendered terms a man and a woman.
  • The absence of such language in POCSO reflects a deliberate legislative choice to ensure broad applicability.

Normative Justifications: Upholding the Law’s Protective Purpose

• Recognising Diverse Forms of Abuse

  • In Sakshi v. Union of India (2004), the Supreme Court observed that child sexual abuse includes a wide range of sexual conduct, many of which do not depend on the perpetrator’s gender.

• Acknowledging Female Perpetration

  • Although most reported cases involve male perpetrators, research shows that women can and do commit sexual offences against children.
  • A gender-specific reading would make such experiences invisible and deny certain victims justice.

• Protecting Children Above All

  • The central purpose of POCSO is to safeguard children from sexual abuse, irrespective of the sex or gender identity of the offender.
  • A gender-neutral interpretation ensures no gaps in protection and no category of offender escapes accountability.

Conclusion

• A holistic analysis of the statute, its legislative history, and its protective intent demonstrates that the POCSO Act is designed to be gender-neutral.
• Interpreting Section 3 to apply only to male offenders would contradict both the letter and spirit of the law.
• To fulfil its core objective, comprehensive protection of children, the Act must continue to be applied irrespective of the perpetrator’s gender.

The POCSO Act is Gender-Neutral by Design FAQs

Q1. Is the POCSO Act gender-neutral in its application to perpetrators?

Ans. Yes, the POCSO Act is gender-neutral and applies to perpetrators of all genders.

Q2. Why does the use of the pronoun “he” in Section 3 not restrict the law to male offenders?

Ans. It does not restrict the law because the General Clauses Act states that masculine words include females unless the context indicates otherwise.

Q3. What evidence shows that Parliament intended POCSO to be gender-neutral?

Ans. Official statements from the Ministry of Women and Child Development and the 2019 Amendment’s Statement of Objects and Reasons clearly describe the Act as gender-neutral.

Q4. Can women commit offences defined under Section 3 of POCSO?

Ans. Yes, women can commit these offences because the acts defined under Section 3, such as digital or oral penetration, are not gender-specific.

Q5. Why is a gender-neutral reading of POCSO important?

Ans. A gender-neutral reading is important because it ensures all children receive protection and justice, regardless of the offender’s gender.

Source: The Hindu

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