The Author, Akshita Khanna, is a 2nd-year, BA.LLB student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University. She is currently interning with LatestLaws.com.
A major development in the turn of events that Indians have been witnessing in light of COVID-19 have been the sealing of the borders of the States. On the 30th of May, the guidelines of the Ministry of Home Affairs were issued which directed for unrestricted inter-State movement of goods and persons from 8th of June. However, it left the ultimate decision on the State Governments to impose restriction after assessing the situation on grounds of public health. This led to a lot of chaos in the NCR and subsequently, a PIL was instituted in the apex court challenging the constitutionality of such orders restricting movement on the State borders.
On the 4th of June, the Supreme Court asked the States to devise a common policy and a common portal to facilitate the movement of the Indian citizens. On the 12th of June, the Hon’ble Supreme Court was informed that there was no conflict on the Delhi-Haryana border but the Noida authorities were reluctant to open the borders. Despite considering the legitimacy of the concerns of the RWAs of Noida who are very vocal about the sealing of borders and the counsel for the State of U.P. citing that a significant percentage of cases in Noida and Ghaziabad can be traced back to Delhi, the very notion of NCR that was mooted three decades back cannot be put in a state of complete disorder.
Analysing the problems that are being faced by the country in light of COVID-19, the biggest concern is the inadequacy of health infrastructure and the fear of the infection spreading seeing the massive population of India. The additional problems that are being faced by the residents of NCR and those who have to cross that route to reach their home or workplace are due to the lack of planning and foresight of the NCR Board and the respective State Governments.
NCR or CNCR (Central National Capital Region) as is used to refer to the region came into existence with the formulation of National Capital Region Planning Board Act, 1985. Capital regions or capital territories are planned in countries to further extend the benefits of a vibrant economy. In countries like India which has seen urbanization on a large scale, the planning of NCR was also done with the aim to avoid haphazard development and to promote balanced development of the region. The Board is responsible to formulate plans for the development of regions but it failed to foresee a situation like this and manage it harmoniously. More than ever, a crisis like this demands a professional and collective approach but the Governments and the Board lacked in it.
Firstly, the buses carrying the migrants were stopped at the border and they were asked for specific passes to cross each State of NCR. Secondly, the working professionals whose workplaces are across the border were asked to show passes and identity cards. Besides corporate offices, there are plants and factories situated in the particular State of NCR but people from all the States work there. Those plants or factories will not be able to function in the absence of their workforce. If the government had decided to open the economy, it was unreasonable to restrict the movement of the commuters in NCR. Thirdly, the movement of persons availing the medical facilities in the State other than that of their residence was restricted. Fourthly, the movement of family members of those who have their loved ones on the other side of the border was also restricted.
All these instances took away the idea of a capital region which is to focus on the development of transport, telecommunications, power and water supply, waste and sewerage, education, health, environment and housing and led it to a state of chaos. Now let us focus on the solution to the problem that has arisen. To tackle the present crisis, we need to have a short term as well as a long term plan.
The recommendations before the Supreme Court that a common policy and portal should govern the movement across NCR is undoubtedly a good suggestion to facilitate the movement of migrants, working professionals or others who need it. To travel on that route, it was a necessity to apply for e-passes for each state individually. The court directed on the 4th of June that the stakeholder States of NCR and the Centre should hold a meeting to devise a uniform and consistent policy on travel across Delhi NCR.
On 12th of June, the apex court enquired about the inconsistencies in the policy of the Noida authorities and that of the Centre. In policy formulation, not only in the present instance but also in various other instances or sectors, efforts should be made to have consistency and inter-city and inter-State consultancy should be done on matters that affect all these jurisdictions. On the 17th of June, the Supreme Court asked Solicitor General, Tushar Mehta to intervene, asked Noida Administration to ensure that Noida doesn’t have separate quarantine guidelines, and directed U.P. Government to file a detailed affidavit in two weeks. The matter was then adjourned to be heard post-vacation. The way forward is to act on these directions and to act faster.
Most importantly, the NCR board needs to be proactive and the State governments need to be professional and collective in their approach to handle this situation. Had they been proactive and a common policy for inter-State travel been devised beforehand, such a problem of great inconvenience to the commuters would not have arisen.
Above listed are the actions that should be taken in the short term to solve the problem that has arisen. To keep the very notion of NCR intact and achieve the purpose for which the NCR Board was set up, a long-term strategy should be made. It is all the way more important to act on and implement what is planned. We have all the legislations to solve the problems our country faces but when it comes to implementation, the desired result is not achieved.
The way forward is to plan for inter-regional and intercity traffic and commuting. Last year, a model to remove traffic congestion in the entire NCR region was presented to the Union Minister for road, transport and Highways. Such models should be worked upon and implemented. Technology should be utilized to manage the problem of traffic congestion. Satellite imagery and Artificial intelligence should be used to tackle this problem. Inter-State agreements to manage traffic on different routes should be considered by incentivizing the use of public transport. The Health sector should be prioritized. The aim should be to build a health infrastructure that can support the NCR as well as its adjoining areas. The leaders should try to pass on a legacy which is strong and build an infrastructure which does not collapse in times of crisis.
It is a matter of great concern that no inter-State or inter-city consultancy was done and this only aggravated the inconvenience of the commuters. The government decided to lift the restrictions but the convenience of the commuters was not all prioritized. COVID-19 has only brought up the already existing issues on the surface. Our country needs better health infrastructure and NCR needs better inter-state policies. It is the need of the hour that the NCR planning board and the State governments of the States that form NCR work collectively, professionally and proactively in the larger interest of the public to keep the concept of NCR intact and achieve the very purpose for which the concept was formulated.
Picture Source :
