New Delhi

The National Green Tribunal directed the Union Ministry of Environment, Forest and Climate Change (MoEF&CC) to formulate a comprehensive policy within six months for phasing out asbestos roofs from educational institutions across the country on Friday.

A Bench comprising Justice Arun Kumar Tyagi (Judicial Member) and Afroz Ahmad (Expert Member), while pronouncing its judgment on a plea seeking a nationwide ban on the use of asbestos roofing in schools, said that "the Tribunal cannot remain a silent spectator where the health of children is at stake."

The Bench stated that exposure to asbestos fibres, even at low levels, poses significant risks to health and the environment, and emphasised that the precautionary principle, as outlined in Section 20 of the NGT Act, 2010, must guide governmental action.

"Children are a vulnerable group. In the face of scientific uncertainty, the benefit of doubt must go to public health," the Tribunal remarked.

The application, filed by Dr. Raja Singh, a visiting faculty member at the School of Planning and Architecture, New Delhi, sought directions to prohibit the use of asbestos-cement roofing in schools. He argued that ageing asbestos sheets become friable and release microscopic fibres that can be inhaled, leading to lung diseases and cancer over time.

The applicant relied on World Health Organisation findings and scientific studies published in journals such as Nature Scientific Reports, which warned that "children and young people should not use buildings with asbestos, regardless of their physical condition."

The MoEF&CC, in its affidavit, admitted that asbestos is a hazardous substance and that exposure to airborne fibres can occur during weathering or demolition.

However, it maintained that India currently regulates, rather than bans, asbestos use through various laws including the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981, and the Factories Act, 1948.

The Ministry of Housing and Urban Affairs (MoHUA) stated that no asbestos-based materials are used in CPWD or related works, as per the Delhi Schedule of Rates 2021. In contrast, the Ministry of Education (MoE) reported that schools under its Samagra Shiksha scheme in Delhi do not use asbestos sheets.

The Fibre Cement Products Manufacturers Association (FCPMA), representing the industry, contended that asbestos-cement sheets are safe as the fibres are "locked in cement" and not released during normal use. The association argued that a ban would disrupt livelihoods and that their members complied with all safety norms, including BIS standards.

Rejecting the industry's objections on maintainability, the Tribunal held that it had jurisdiction under Sections 14 and 15 of the NGT Act to address the issue as it involved substantial environmental questions arising from pollution laws.

The Bench noted that "there is no safe level of asbestos exposure", citing scientific and judicial precedents, including Narender Pratap Singh v. CPCB (2023) and Consumer Education and Research Centre v. Union of India (1995).

"While use of asbestos is not yet banned in India, it cannot justify continued use in environments housing children," the Tribunal stated, adding that precautionary regulation must precede irreversible harm.

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The NGT directed the MoEF&CC, in consultation with the Central Pollution Control Board (CPCB) and the Ministry of Education, to prepare a time-bound plan to phase out asbestos roofing in all schools and replace it with safe alternatives. Frame Standard Operating Procedures (SOPs) for safe installation, dismantling, and disposal of asbestos roofing and wall sheets, conduct a nationwide survey to identify schools still using asbestos roofs, submit a status report within six months, and raise awareness among local bodies and educational institutions about asbestos hazards and safe substitutes.