Why did Kejriwal exempt women and bikers? asks Delhi HC

Barely 48 hours before India’s most ambitious anti-pollution formula hits the road, the Delhi High Court has asked some of the toughest questions: 

Why should women be exempt? Why should the city’s 55-lakh two-wheelers, which pollute the most, not come under the new system? 

The Delhi High Court, which had earlier rejected pleas to stay the odd-even formula, has asked the government for the logic behind such exemptions. 

Taking note of a petition, a bench of Justices Hima Kohli and Sunil Gaur asked the government to submit a report on pollution levels and the vehicles allowed to ply during the odd-even experiment from January 1 to 15. 

“We are surprised that a petition has been filed that why women are not being treated at par with men. Get instructions from the (Delhi) government as to why exemption (twowheelers and women drivers) is necessary,” the bench said, while posting the matter for further hearing on January 6. 

The government has been directed to file the report within three days. The court, however, refrained from passing any interim order on the plea which also alleged the government’s unpreparedness for the enforcement of the odd-even formula. 

“There is no constitutional provision to grant such exemption. So the scheme is infringing Right to Life of general public at large, which is violation of fundamental rights provided under Article 21 of Constitution of India... the scheme was introduced to control air pollution and exempting women drivers will defeat the very objective. Granting exemption to two-wheeler vehicles from odd-even scheme is arbitrary and discriminatory,” the petition also said. 

The development assumes significance in the wake of findings that two-wheelers were the biggest source of vehicular pollution. 

The Delhi government had cited safety reasons for exempting women from the odd-even rule. However, transport planners rejected the contention saying the odd-even rule was not applicable during night hours. 

“Odd-even restrictions will be in place from 8am to 8pm only. During night hours all vehicles can ply,” said Professor PK Sarkar, HoD (Transport Planning), School of Planning and Architecture. 

He insisted that inadequate transport infrastructure was the biggest hurdle in successful implementation of the odd-even formula.