In 2018, the National Green Tribunal (NGT) and the Supreme Court of India put in place a strong environmental policy that banned diesel vehicles older than 10 years and petrol vehicles older than 15 years from being on the roads of the National Capital Region. Officially, the law was made to help solve Delhi’s smog and rising health issues. But, despite being well-intentioned, this law has turned into a fight between environmental rules, police attempts to enforce them and challenges from many people.

Foundation of law is based on its constitutions and laws.

The reason for the vehicle ban policy begins with the constitution guaranteeing the right to life which has been translated by the judiciary as ensuring a clean and healthy environment as well. This Act gives state governments the right to ensure vehicles meet fitness standards stated in Section 59.

While the legal rationale was firm, the rollout of the policy lacked nuance. It did not account for socio-economic disparities or the sentimental value attached to older vehicles, especially among Delhi’s middle class.

Pop Culture, Pride, and Protest

The significance of cars to culture, especially in Delhi, India, cannot be ignored. For various families, getting a first car is an important achievement, reflecting their upward social status. Taking the home away also causes people to lose money and suffer emotionally. These words can be seen in social media campaigns and videos on YouTube called “Saying Goodbye to My Old Maruti” and “My Last Drive with It.” People who collect vintage cars have also raised issues. Representatives from the Federation of Historic Vehicles of India have urged officials to allow heritage cars out of the ban since their limited use and significance to the country. While the Delhi government accepts these challenges and introduced a Vintage Policy in 2021, the rules about using these cars are still unclear.

The Problem of Selective Enforcement

Enforcement has emerged as a major challenge. The ban was supposed to be implemented with the help of VAHAN database integration and Automatic Number Plate Recognition (ANPR) systems. However, on-ground reports suggest inconsistent checks, corruption, and confusion.

In working-class neighbourhoods, residents allege that police often selectively target older commercial vehicles such as tempos and taxis, while personal SUVs go unnoticed. This creates an uneven enforcement landscape, weakening the policy’s credibility.

Moreover, the resale of these vehicles to neighbouring states with lax norms continues, undermining the environmental intent of the policy. Ironically, Delhi may reduce its air pollution, only to outsource it to rural North India.

The Green vs. the Livelihood Dilemma

Critics argue that the policy disproportionately affects the urban poor and lower-middle classes, many of whom rely on ageing vehicles for their livelihoods. Auto-rickshaw drivers, small-scale transporters, and delivery agents have protested, demanding financial support or scrappage incentives.

Despite these concerns, the absence of a robust transition policy or financial buffer has only fuelled public resentment.

Judicial Activism or Overreach?

While judicial intervention has played a key role in environmental protection, critics question whether the judiciary has overstepped by entering the domain of policy execution. The judiciary’s reliance on environmental principles is well-founded, yet its imposition of a blanket rule, critics argue, lacks contextual sensitivity.

Can judicial orders alone solve Delhi’s pollution crisis without participatory policymaking? This question remains open.

What Lies Ahead? The Way Forward

Policy needs to balance environmental objectives with social equity. A few suggestions include:

1. Gradual Phasing Out: Rather than an abrupt ban, a phased approach based on pollution-emission levels and vehicle fitness may be more equitable.
2. Scrappage Incentives: Government-supported scrappage schemes and subsidies for electric vehicle (EV) purchases can ease the burden.
3. Clear Exemptions: Clearer provisions for vintage and collector vehicles, including limited-use permits.
4. Public Dialogue: Stakeholder consultations and awareness campaigns to bridge the trust deficit.

Conclusion

Delhi’s vehicle ban policy stands at the intersection of environmental urgency, legal command, and societal unease. While the law aims to safeguard health and ecology, its success hinges on fair implementation, public trust, and inclusive policy making. As the smog season returns each winter, the real test is not just in statutes but in how they are lived—and resisted—on Delhi’s roads.

References

1. Motor Vehicles Act, 1988 – Section 59
2. Constitution of India – Article 21