Legal Battle Over Smog: DHCBA Seeks Exemption From Vehicle Bans
The Delhi High Court Bar Association wants judges and lawyers exempt from BS-VI vehicle restrictions starting November 1.
The Delhi High Court Bar Association (DHCBA) has stepped in to request a critical exemption from the upcoming vehicle restrictions in the national capital. As the city prepares to tighten its grip on pollution, the legal fraternity is arguing that the pursuit of justice should not be hindered by emission-standard roadblocks. The DHCBA has formally written to the Acting Chief Justice of the Delhi High Court, urging intervention with the Delhi government to protect the commute of judges, lawyers, and court staff.
The Conflict: BS-VI Standards vs. Legal Commutes
The urgency stems from the Delhi Traffic Police's announcement regarding the revised Graded Response Action Plan (GRAP), which is set to take effect on November 1. Under these stringent rules, only vehicles that are BS-VI compliant, CNG-powered, or electric will be allowed entry into the city, alongside other specifically exempted categories.
Vehicles that fail to meet the BS-VI emission standards or those lacking a valid Pollution Under Control Certificate (PUCC) will face strict restrictions. The crackdown also extends to non-compliant interstate buses, while trucks not destined for Delhi will be diverted to peripheral expressways.
Why the Legal Fraternity is Concerned
In a detailed letter dated October 30, DHCBA President N Hariharan highlighted the practical hardships facing the legal community. The association pointed out that a significant portion of lawyers do not reside within the capital due to the skyrocketing and unaffordable cost of housing in Delhi.
Consequently, many professionals commute daily from neighboring satellite cities, including:
- Noida
- Gurugram
- Ghaziabad
The DHCBA argues that since judges, lawyers, and court staff are providing an essential service—the administration of justice—they should be granted a waiver to ensure the judicial process remains uninterrupted.
The Argument on Emission Timelines
The Bar Association also brought attention to the timeline of emission laws. While BS-VI standards were introduced in Delhi in 2020, previous regulations allowed vehicles conforming to older standards to operate for specific durations. Specifically, diesel vehicles were permitted up to 10 years and petrol vehicles up to 15 years, depending on court orders and applicable rules.
By requesting the Acting Chief Justice to take up the matter with the Delhi government, the DHCBA hopes to secure a guarantee that the members of the judiciary and the legal fraternity can continue their daily commute without the threat of penalties or restrictions under the new GRAP guidelines.