Introduction:
Supreme Court on 15 June 2020 criticized the Federation of Automobiles Dealers Association (FADA) for defying its orders and openly selling the vehicles on BS-IV engine models, which was supposed to be banned a few weeks back.
Complete Story
The government has been working to curb air pollution in India and is taking major steps in that direction. In one of those major steps, the Union government of India announce back in 2016; that India will implement BS-VI norms from April 1, 2020.
India was following the BS-IV norms before this and decide to completely skip the BS-V. Move directly to BS-VI norms to speed up and further cope with the latest standards to reduce vehicular air pollution.
The Honourable Supreme court, also in this regard, in October 2018 gave the verdict. No BS-IV vehicles shall be sold or register after 1 April 2020.
Now in this year, 2020, the coronavirus pandemic begins by which the government was forced to announce a complete lockdown. In the entire country by 25th March, that is, 6 days before the deadline of 31st March 2020. Due to which sale and registration of all vehicles came to a sudden halt. After which the Federation of Automobiles Dealers Association and Society of Indian Automobile Manufacturing SIAM reached; the court to extend the deadline by 30 more days. In which FADA argued that 15,000 passenger cars 12,000 commercial vehicles 7,00,000 two wheelers of all BS-IV models worth rupees 6,400 crores are still due.
Now, there are two categories of vehicles:
- First, the vehicles which sold before 31st March 2020 of which registration has not been done yet, and,
- Second, the vehicles which were not even sold yet.
So the supreme court in its March 27, 2020 order given an extension of 10 days after the lifting of lockdown from to FADA. Allow the sale of 10% of the vehicles which was not sale yet.
An extension of 30 days after 31st March 2020 to get the registration of all those vehicles; which you are not yet register but already sale was also give. The court had only registration of 1.25 lakh vehicles. However when the 3 judges bench of Justice Arun Mishra, Justice Abdul Nasir and Justice Indira Banerjee; sat on 15 June 2020 through video conferencing. Further hear the plea was start to see that even after 3 years of duration and extension period; the vehicles were still being sold openly without any sort of restrictions.
The court said that even after the lifting of the lockdown on MAY 3rd,2020. The same violate its order that no registration could have been made without informing the court. The court also observed that this is not something new that has occurred. It would be injurious and further burden on human health from the pollution of BS-IV. It also said that BS-VI vehicles were suppose to be produce well in advance before the deadline of 31st March 2020.
The court read “What is the starting to know that even after lifting of the lockdown on May 3, when the sales have taken place and as per our order, no registration could have been made without informing the court as to how many vehicles have been sold throughout India. It appears that the order is being misuse for reasons to the respondent and they have not file an affidavit in compliance with the order pass by the court.
Justice Arun Mishra said, “Do you think this is a game ?…..Affidavit had to be file by May and it’s already the end of June now. You do not know me…. In this case, I will take such a strict action that your client will remember. It, therefore, put a complete and immediate ban on sale and registration of BS-IV vehicles.
The bench further asked the Additional Solicitor General ANS Nandkarni appearing for the center to collect details from all RTOs. They furnish information formation about how many BS-IV vehicles have been sold and registered across country post lockdown. It also asked senior advocate KV Viswanathan representing FADA; to submit the complete affidavits on June 19, 2020, on its next hearing.
What is FADA & SIAM?
FADA: Federation of automobile dealers Association is an apex National body representing the automobile dealers of India. It was founded in 1964 and is now registered under the Companies Act of 1956. Mr. Ashish Harsharaj Kales is the president of a FADA.
Society of Indian automobile dealers manufacturing SIAM is a non-profit organization representing all major vehicles and vehicular engine manufacturers in India, and work towards sustainable development of the Indian automobile industry.
Need for BS-VI Norms
Air pollution in India is a serious issue. According to the international air pollution index 2019, 21 out of 30 most polluted cities were in India. There are various sources of this pollution, like dust and construction waste working, Industries, domestic cooking, and transport.
Out of which 27% of air pollution is caused by vehicles in India. India stands third (III) in terms of greenhouse gas emission after China and the USA. Traffic congestion is also a major reason for air pollution in India. As a scientific study revealed that, at low-speed vehicle fuel burns in ineffectively. Hence produce more for pollutants in the air per trip.
This could be very hazardous as Traffic condition is a huge problem in major metropolitan cities of India. Due to this health of citizens of India is seriously affected. Exposure to such particulate matter for a long duration can lead to respiratory and cardiovascular diseases. Such as Asthma, Bronchitis, Lung cancer, and even Heart Attack.
Global burden of disease study of 2017 analyzed the report by The Lancet indicated that; 76.8% of Indians are exposed to higher ambient particulate matter. The same study in 2010 also found that air pollution was the fifth largest killer in India. And around 6,20,000 early death old account from air pollution-related deaths.
In other studies, it was found that 18% of Carbon Dioxide (CO²) emissions are from the automobile sector. Government also recently launched the Air Quality Index. Now the regulatory monitors the level of Carbon Dioxide (CO²), Nitrogen oxide (NOx), and Sulphur Dioxide (SO²); Suspended Particulate Matter (SPM) and Particulate Matter 10 (PM10).
Since these are a major threat to human and animal life. These high levels of hazardous gases are also increasing and if we do not try to reduce these levels a point may come that air may not at all be breathable.
The Government of India has realized this problem and has launched various programs and schemes and indexes from time to time. The Bharat Stage (BS) standards are one of those programs.
Bharat Stage Emission Standards
Bharat stage emission standards (BSES) are emission standard structures by the government of India to regulate outputs of air pollutants from automobile vehicles.
These standards are based on European Vehicular standards and were first introduced in India in the year 2000. This is implemented by (CPCB) Central Pollution Control Board which comes under the Ministry of Environment, Forest and Climate change.
A total of 5 different Bharat stage (BS) norms have been introduced in India since 2000 namely:
- BS-I
- BS-II
- BS-III
- BS-IV and
- BS-VI.
History & Institution on Vehicular Pollution Norms in India
The first emission norms introduce in India in the year 1991 for petrol and 1992 for Diesel.
On, 29 April 1999 the Supreme Court of India ruled that all vehicles in the country had to meet Euro-1 standard vehicular norms by 1, June 1999. After subsequent events the, Government of India implemented the Euro-I based vehicular norms t called the Bharat Stage – BS standards in the year 2000.
The government then formed a committee headed by former Director-General of CSIR: Council for Scientific and Industrial Research, Raghunath Anant Mashelkar to study and recommend subsequent implementation and of Advanced BS norms.
The committee submitted its report on 1st January 2002 which recommended the implementation of BS-II norms in 3 major cities by the end of 2003 and in the entire country by 2005.
The National Auto Fuel Policy announce in the year 2003 which laid the roadmap of BS norms by 2010. The policy also created guidelines for auto fuels, reduction of pollution from older vehicles, and R&D for Air quality data creation and health administration.
The Policy mandated that all new four-wheeler vehicles in 11 cities meet BS-III emission norms for conventional air pollutants comply with Euro-IV standards by 2020.
The government said that the choice of fuel and vehicular Technology will be left to the owners and operators of those vehicles with the government only prescribing vehicular standards. The government should provide fiscal benefits to the domestic oil and auto industry.
In October 2010 the BS-III norms were introduce across the country. But for 13 major cities, BS-IV norms have been implement since 2010.
Since April 2017, BS-IV norms were implement by the government of India across the nation.
The government also announced the country will skip the BS-V standards completely and implement the BS-VI norms directly. Honorable Supreme Court gave the same judgment on October 2018 October 24, 2018, banning the sale and registration of vehicle conforming to the emission standards of BS-IV in the entire country from April 1, 2020, stating that the “Pollution has reached an alarming and critical level all over India and it Brooks no delay”.
Although the Petroleum Minister of India on 15 November 2017 brought forward the date of enforcement of BS-VI norms from April 1, 2020, to April 1 2018 only for NCT -Delhi.
Therefore we follow that:
- BS-I norms were implemented in the year 2000
- BS-II norms were implemented in the year 2005
- BS-III norms were implemented in the year 2010
- BS-IV norms were implemented in the year 2017
- BS-VI norms were implemented in the year 2020
Environmental Impact
The implementation of these names is also necessary because as BS-VI norms the emission of carbon monoxide is to be reduce by 30% and nitrogen oxides by 80%.
The BS-VI norms also set limits for hydrocarbons and particular emissions which was not specified in earlier norms.
These norms as one can guess if successfully implemented across the nation will have huge beneficial effects on human and environmental life.
Effectiveness of BS Norms
Although BS norms have been implement across the nation still the air pollution levels have only got worse, especially in those cities in which these norms were implement first.
The reason for this is the somewhat decrease in the pollution levels is counter by multiple other sources and causes of pollution like setting up of more Industries, increasing population and increasing the number of automobiles, etc.
Although the BS norms have somewhat controlled the Pollution at a slow and gradual pace, the growth of other countering factors has grown exponentially at a much faster rate than and then former’s somewhat positive effect.
So, to check the effectiveness of BS norms we just cannot look at the numbers and conclude, but rather shall try to answer the question that what shall be with the situation in absence of these vehicular pollution control standards and norms.
If we try to answer the above question, we shall see that the number has only worsened, in the absence of any control over pollution from automobiles.
Therefore, we can safely say that these norms have been effective and have brought about a change in the environment.
Conclusion
To see changes at the ground level the government should be very strict with the automobile companies and Agencies must follow a strict deadline to complete those tasks. Not only that but the government should simultaneously effectively work on the other pre-existing schemes and see that they are being properly implemented, to subside the air pollution level.
The people should also be made aware of using public transport wherever necessary and not using personal vehicles for walkable distances.
0 Comments