Let Delhiites not moan about tough policies like Odd-Even

Odd-Even has a legal basis. On April 11, 2016, the government of the NCT of Delhi (GNCTD) issued a notification under Section 115 read with Section 2 (41) of the Motor Vehicles Act 1988. The power under Section 115 is the government be "satisfied that it is necessary in the interest of public safety and convenience because of the nature of any bridge or road". It is a limited provision with singular applications, with Delhi governance taking full advantage by expansive interpretation.

Congestion

The government's notification is not related to congestion but "the vehicular pollution... of nine million registered vehicles" and the orders of the National Green Tribunal. This is the confusion in people's minds. Is this whole exercise about congestion or pollution?

To Delhi's nine million registered vehicles, add another three million visitors plus from across the borders of the NCT. Of course, the object of the exercise could be both decongestion and pollution. The short-sighted eyes of Delhi's drivers, caught up in traffic were interested in easing congestion, pollution was irrelevant. There are three issues that are interconnected: (i) environment (ii) congestion and (iii) availability of public transport.

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As far as environment is concerned, we forget that Delhi is an industrial city, full of small and medium industries. Its power stations (public and domestic) pump out pollution. People with powerful gensets are not interested in air polluting fumes, but the noise quality of their generators. Delhi's NCT is not going to be deindustrialised.

We will have to live with this for a long time. I am not saying that vehicles are not polluting. Of course, they are. But a dramatic drop in pollution will not come from Odd-Even. There is much to learn from the IIT Kanpur study which reminds us that the remedy is not just Delhi but the NCR.

Particulate Matter (PM) includes sulphates and nitrates, road and soil dust, domestic cooking, hotels and restaurants and, of course, vehicles with emphasis on quantity and quality (eg diesel cars).

Now, looking for environmental success from Odd-Even is looking for the proverbial needle in the haystack. The media has got it all wrong when they say that there is no significant change due to Odd-Even. Even some change is good enough.

The other problems are the congestion and transport. One cannot decongest without providing an alternative to those who have to go to work or travel.

Only the well-off can afford both Odd-Even vehicles or to hire taxis. What happens to the rest? Delhi NCT and NCR will not have an adequate public transport system for decades. The AAP government is trying to get incremental increases of their bus fleet, getting more CNG-driven three wheelers and to ease Odd-Even on the basis of status and necessity.

Of the 27 entries in the schedule to the notification, 20 categories related to VIPs and ancillary support, three categories include, emergency, enforcement and medical vehicles, two categories for women and handicapped, one for ferrying children to school and one for CNG, hybrid and electric vehicles. They say next time, lawyers will be exempted.

Despite 5,331 volunteers and 800 Delhi Police cops and CCTV, the enforcement has been lax. On day one in April, 1,311 challans compared to 203 on day one in January.

Symbolic

Bearing this in mind, let us look at this policy from a socio-legal point of view. Firstly, Odd-Even has become a political issue. Those who don't like the AAP are offensively hyper-critical and subjectively foolish. They can be ignored. Second, we come to other socio-legal question.

Why are legislations, notification and politics enacted? We must remember that legal policies have two elements in them: symbolic and instrumental. Symbolic means many things.

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The government wants to be seen to be doing things and rising from the rubble of apathy and inactivity. It also represents the triumph of policy from its detractors. Just because a policy has symbolic components does not mean it is dishonest, or an advertisement which is bound to be short-changed.

Instrumental elements make policies effective. This is the famous gap between law-in-books and law-inaction. This becomes important where a law needs to be heavily enforced.

Policy

Odd-Even requires police, volunteers, CCTV, follow-up and more. If a society is "rule of law compliant" to 100 per cent, a law will be self executing without enforcement. But Delhi society is prone to impatience, violence, road rage and perpetual violations of law.

Delhiites characteristically don't want to "obey the law" but ask themselves: "what can I get away with?" This is manifest in crossing traffic lights, insane multi-lane driving, accidents, molesting - and getting away with whatever they can.

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This means any road policy faces at least 50 per cent plus odds for failure. Judged by that test, the AAP's Odd-Even policy is a success. People have been compliant to a considerable extent. But, in terms of pollution reduction it has produced marginal results.

Odd-even scheme is only one part of decongestion anti-polluting policies which also require the antidote of public transport. This is how other countries (Brazil, China) have planned their initiative. There should be a pollution surcharge on cars. Entry into the inner ring road should cost extra (eg London).

Parking on the roads in all colonies should be taxed heavily. But are the people of Delhi willing to accept this. Law is not a self-fulfilling policy.

Let Delhiites not moan about tough policies. If law in books is to become law in action, the spirit of the people to voluntarily instrument policies is more important than danda-niti (punishment).

(Courtesy of Mail Today.)