ILLEGAL VEHICLE SCRAPPAGE IN DELHI- A

GROWING CONCERN

1. VEHICLE SCRAPPAGE POLICY:

Delhi, the Capital of India has been struggling with severe air

pollution and traffic congestion problems for years, therefore,

the Delhi government indulged in addressing these issues and

introduced a vehicle scrappage policy aimed at turning off old

and polluting vehicles in the city. Furthermore, Supreme

Court has passed some judgments for effectively eliminating

the grossly polluting passenger cars in Delhi-NCR.

A. Challenges are also faced

However, the implementation of this policy has faced

significant challenges, including the rise of illegal vehicle

scrappage operations, which poses environmental hazards,

and raises violation of Indian Constitutional rights like Article

14, 21, and 300A.

2. HISTORY OF SUPREME COURT JUDGMENTS

AND COURT CONCERNS RELEVANT TO VEHICLES

SCRAPPAGE:
2.1 Relevant case laws

A. In the case of Association and Ors. v. State of Delhi

and Ors., [1999] l SCC 161. It is the authority that directed

the phasing out of non-CNG buses. It is the Bhure Lal

Committee that had also recommended the conversion to

CNG mode and issued directions that the non-CNG buses

should be phased out.

B. Similarly in the case of Central Pollution Control

Board (CPCB) vs. M.C. Mehta (2002): This case

involved the issue of vehicular pollution in Delhi, India. The

Supreme Court issued several directives to combat pollution,

including the implementation of a vehicle scrappage policy to

phase out old and polluting vehicles.

C. As we can also add here the case of M.C. Mehta vs.

Union of India (2017) in which, the Supreme Court, to

control air pollution in the Delhi NCR region, banned the

registration of diesel vehicles with an engine capacity of

2000cc or more and mandated the phasing out of diesel

vehicles older than 10 years.

2.2 Subsequent court guidelines, concerns, and

Rulings

A. The court’s concern grew as despite there being enough

legislation in place, the court's worry about the level of air

pollution in Delhi, the capital of India, grew as a result of a

lack of effort on the part of the enforcement agencies.

B. The state is required under Articles 39, 47, and 48-A to

ensure public health, advance individual health, and

safeguard and enhance the environment. According to a

Delhi-based study, 10,000 individuals each year—or one every

hour—die as a result of air pollution-related illnesses.

C. The right to life, which includes the right to a clean and

healthy environment, is guaranteed under Article 21 of the

Constitution. In numerous instances, the Supreme Court

stood up to defend this privilege. The court has taken on an

activist role by ordering the conversion of all diesel buses to

CNG.

D. The major highlights of the vehicle scrappage policy are

here under mentioned:

 (a) The ultimate objective of the policy is to create an
automated system to get disposed of old cars, vehicles,
and other commercial vehicles.

(b) Old and harmful vehicles are scrapped to lower

pollution levels, particularly in particular areas.

(c) Vehicle owners who choose this policy will also

receive several benefits.

(d) The Ministry of Road Transport and Highways

(MoRTH) will be in charge of enforcing all laws and
regulations outlined in the policy.

(e) In the upcoming years, this policy will also make it

easier for people to purchase environmentally clean,
technologically innovative, and secure vehicles.

3. KEY INGREDIENTS AND REQUIREMENTS OF

THESE GUIDELINES

The key ingredients and requirements of the Vehicle

scrappage policy may vary accordingly to the region and

jurisdiction, but some of the general key ingredients and

requirements we are going to mention here under:

3.1 Documentation

The policy could need particular paperwork before depleting

the vehicle. This may consist of ownership documentation,

registration paperwork, and a no-objection certificate (NOC)

from the appropriate authorities.

3.2 Environmental considerations

Pollution reduction and environmental sustainability are

frequently the primary objectives of vehicle scrappage policy.

As a result, the rules may place a strong emphasis on

following eco-friendly procedures for scrapping vehicles and

properly disposing of hazardous chemicals, and recycling

vehicle components.

3.3 Awareness and implementation

A vehicle scrappage policy's success depends on strong

implementation and communication plans. Provisions for

awareness campaigns, stakeholder involvement, and

compliance monitoring may be included in the guidelines.

3.4 Incentives and benefits

The rules may specify the rewards or advantages offered to car

owners who take part in the scrappage programs. This could

involve financial perks like cash prizes, tax refunds, or price

breaks on brand-new car purchases.

4. ACTUAL POLICY IN PRACTICE AND

MALPRACTICE

4.1 Actual Policy

A. Numerous programs for the scrapping of vehicles are

based on the age and emission standards of the vehicles.

Older automobiles that don't comply with a certain emission

level are destined for junk.

To entice owners of such vehicles to trade them in and buy

newer, more environmentally friendly versions, incentives are

frequently provided, such as financial awards or tax breaks.

B. The primary objective of most vehicle scrappage policies is

to reduce air pollution and improve overall environmental

conditions. By encouraging the retirement of older, high-

emission vehicles, governments aim to decrease the overall

carbon footprint and enhance air quality.

C. In addition to the financial benefits, some scrappage

programs also offer incentives for purchasing new vehicles.

These incentives may include discounts on the purchase of

new vehicles, low-interest loans, or other favorable financing

options, making it more affordable for individuals to upgrade

to cleaner vehicles.

4.2 Malpractice of the said policy

A. As there are we know various benefits and incentives of the

policy but some of the unauthorized parties are taking

disadvantage of the same, they are getting involved in the

malpractices.

B. Like we are seeing, also, our topic of the article is based

mainly on illegal vehicle scrappage in Delhi. There are

unauthorized cooperations who indulge in taking advantage

within the view of this policy.

4.3 Illegal scrappage of vehicles in Delhi

A. The Delhi government, under the leadership of CM Arvind

Kejriwal, launched a drive in March of this year to impound

end-of-life vehicles (ELV), or simply overage vehicles

operating on public roads or parked in private areas.

However, this has raised concerns for many residents of the

national capital, who claim that officials from the Delhi

Transport Department and scrapping companies have tow-

away their cars and moved them without giving them prior

notice.

B. Recently, several people have spoken out about having

their automobiles seized by the authorities even though they

had current registration certificates (RCs), often without their

permission.

C. All these malpractices are very often nowadays in Delhi,

they take the vehicle on their own and even without prior

notice and permission, they even cross the limits by taking the

vehicles from their private yard. They do even charge a high

amount of money when the concerned owner goes there for

taking their vehicle.

4.4 The unauthorized dismantling and disposal of

vehicles not only pose serious environmental hazards

but also raise questions regarding the violation of

constitutional articles protecting citizens' rights

(a) Right to Life and Environmental Protection:

Article 21 of the Indian Constitution guarantees the

fundamental right to life, which includes the right to a
clean and healthy environment. The illegal scrapping of
vehicles contributes to air and soil pollution through
improper disposal of hazardous materials. This not only
endangers the health and well-being of citizens but also
violates their constitutional right to a clean
environment.

(b) Right to Equality and Non-Discrimination:

Article 14 ensures equality before the law and prohibits

discrimination. Illegal vehicle scrappage
disproportionately affects economically weaker sections
of society who rely on older vehicles for their
livelihoods. Such discriminatory practices violate the
principle of equal treatment and exacerbate existing
social inequalities.

(c) Right to Property:

 Under Article 300A, every person has the right to own
and enjoy their property. Unlawful scrapping of vehicles
infringes upon the property rights of vehicle owners, as
their vehicles are often scrapped without their consent
or proper compensation. This violation of property
rights raises serious constitutional concerns.

(d) Right to Due Process:

Article 21 also enshrines the right to due process,

ensuring fair treatment and protection against arbitrary
actions by the state. Illegal vehicle scrappage operations
often operate without proper permits or licenses,
evading regulatory oversight. This lack of due process
violates the constitutional guarantee of fair treatment
and accountability.

5. LEGAL RAMIFICATIONS

5. 1 Criminal Charges:

Individuals or entities involved in the unauthorized

dismantling and disposal of vehicles may face criminal

charges under relevant environmental protection laws, such

as the Air (Prevention and Control of Pollution) Act, of 1981,

or the Environment (Protection) Act, of 1986. These charges

can lead to penalties, fines, or even imprisonment, depending

on the severity of the offense.

5.2 Civil Lawsuits:

Vehicle owners whose vehicles have been illegally scrapped

without their consent or proper compensation may file civil

lawsuits against the responsible parties. They can seek

remedies such as compensation for the loss of their vehicles,

damages for any harm caused, and injunctive relief to prevent

further unauthorized scrapping.

5.3 Constitutional Petitions:

Citizens whose constitutional rights have been violated, such

as the right to life, equality, non-discrimination, property, or

due process, may file writ petitions before the appropriate

courts. They can seek remedies such as the issuance of writs of

mandamus, certiorari, or prohibition, which can compel

government authorities to take corrective action, quash illegal

scrappage operations, or prevent their occurrence in the

future.

5.4 Regulatory Actions:

The concerned regulatory authorities, such as the Delhi

Transport Department or the environmental protection

agencies, can take administrative actions against illegal

scrapping operations. These actions may include revoking

licenses or permits, imposing fines or penalties, or initiating

investigations to bring the responsible parties to justice.

5.5 Policy Revisions:

The legal ramifications and public outcry surrounding illegal

scrappage can prompt policymakers to review and revise the

existing vehicle scrappage policy. This can lead to stricter

regulations, enhanced enforcement mechanisms, and the

introduction of safeguards to protect citizens' rights and

prevent malpractices.

6. CONCLUSION

A. The vehicle scrappage policy implemented by the Delhi

government to address air pollution and traffic congestion has

been marred by the rise of illegal vehicle scrappage

operations. Despite various court judgments and guidelines

emphasizing the importance of reducing pollution and

safeguarding citizens' rights, the enforcement of the policy has

faced significant challenges.

B. The malpractice of unauthorized parties taking advantage

of the vehicle scrappage policy has become a growing concern

in Delhi. Illegal scrappage of vehicles not only poses

environmental hazards but also raises questions about the

violation of constitutional articles protecting citizens' rights,

such as the right to life, equality, non-discrimination,

property, and due process.

C. To address this issue, there are legal ramifications that can

be pursued. Criminal charges can be brought against

individuals or entities involved in the unauthorized

dismantling and disposal of vehicles under relevant

environmental protection laws. Vehicle owners whose vehicles

have been illegally scrapped can file civil lawsuits seeking

compensation and injunctive relief. Constitutional petitions

can be filed to protect citizens' fundamental rights and

demand corrective action. Regulatory authorities can take

administrative actions to revoke licenses, impose fines, or

initiate investigations against illegal scrapping operations.

Furthermore, the outcry and legal consequences can prompt

policymakers to revise the existing vehicle scrappage policy to

strengthen regulations and protect citizens' rights.

D. In conclusion, it is crucial to address the issue of illegal

vehicle scrappage in Delhi to ensure the effective

implementation of the vehicle scrappage policy, reduce

environmental hazards, and uphold citizens' rights. Stricter

enforcement, public awareness, and policy revisions can

contribute to achieving the goal of improving air quality,

reducing pollution, and creating a cleaner and healthier

environment for the residents of Delhi.