Appeal in Supreme Court Challenges Policy to Scrap Old means Despite Roadworthiness

Appeal in Supreme Court Challenges Policy to Scrap Old means Despite Roadworthiness

Under this policy, any vehicle older than 15 years of age is targeted. For the petitioner, this policy is arbitrary and violative of constitutional provisions, as the decision is based upon age alone rather upon actual condition or functionality. The plea asks for a change in policy: it suggests that instead of age, vehicle scrapping could be based on the condition of the vehicleThis policy was brought about by the government with an idea to reduce the levels of pollution by the removal of the older vehicles from the roads. These may sometimes be more polluting due to age. Under the current scheme, those that are above 15 years old are considered as no longer road-worthy and must be retired from the roads by the owners. Emissions, safety, and energy efficiency are reasons why the government believes it necessary to put this in place. However, the plea complains that such blanket prohibition infringes the right of citizens to their property under Article 300A of the Indian Constitution. The petitioner submits that it is the roadworthiness of a vehicle that should determine whether it ought to be permitted on the roads and not merely its age, as the plea stated. Many vehicles have been found in good condition despite exceeding 15 years of age. They pass tests for fitness and emission, said the plea. It, therefore, would place undue burden on automobile owners who would be called to scrap their vehicle while in good working condition, especially if they have already spent sufficient amounts for the vehicle's maintenance and upkeep. The petition also throws to the forefront the environmental and fiscal implications of this policy. Scrapping on-road-going vehicles only increases the unnecessary waste generated, adding more economic pressure on the middle-class and low-income owner of the vehicles, who might not be in a position to purchase new ones. The plea urges the Supreme Court to intervene to instruct the government to reconsider its policy so that the vehicles may be evaluated rather on the criterion of fitness and emissions than their age. The petition is admitted by the Supreme Court, issuing notices to the concerned government authorities for response in the matter. This case presents important questions on how to strike a balance between environmental concerns and rights of citizens and what practical implications such broad-based policies would have. At the same time, the ruling on this case can have far-reaching effects on how law handles policies that affect personal rights in property and also the environment. This judgment will greatly affect future vehicles management and environmental policies in India..

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