What does the law say about VIP traffic management?

Traffic congestion has become a common feature of urban life in India, with major cities struggling to manage overcrowded roads, long commute times, and frustrated commuters. The rapid urbanization of the country has led to a surge in the number of vehicles on the road. Unfortunately, this increase in vehicular traffic has far outpaced the expansion of infrastructure, resulting in severe congestion. Traffic congestion has
emerged as a significant challenge in Indian cities, adversely impacting the quality of life, economic productivity, and environmental sustainability.

The root causes of traffic congestion can be traced to factors such as high population and the absence of efficient public transportation. This forces many people to rely on private vehicles, adding to the congestion. Additionally, the prioritization of VIP movement, especially in capital cities, often causes significant traffic disruptions, aggravating the problem further.

The Time Indians Waste on Road

Kolkata has been identified as Asia’s most congested city, according to the 2024 TomTom Traffic Index, overtaking Bengaluru. The average speed in Kolkata is just 17.4 km/h, making a 10-kilometer journey take over 34 minutes. Similarly, in Bengaluru, a 10-kilometer trip takes an average of 34 minutes and 10 seconds, while in Pune, it takes 33 minutes and 22 seconds. The TomTom Traffic Index evaluates congestion using both
static factors, such as physical road infrastructure and city layouts, and dynamic factors, including peak-hour traffic, weather conditions, and urban mobility patterns. This report emphasizes the urgent need for strategic urban planning to alleviate congestion and improve mobility in India’s rapidly expanding cities. Upgrading infrastructure and adopting sustainable urbanization strategies could make daily commuting more efficient and enhance the overall quality of life. The report also highlights the annual time lost due to rush-hour traffic. An average resident of Bengaluru loses 117 hours a year stuck in traffic, while those living in Kolkata and Pune lose 110 and 108 hours, respectively. These wasted hours have significant implications for productivity, quality of life, and the environment. Prolonged time spent in traffic reduces overall productivity and affects physical and mental well-being. Additionally, vehicles idling in traffic contribute to higher levels of air pollution,exacerbating environmental issues.

Traffic bottlenecks caused by poor infrastructure and the rising number of vehicles are compounded by disruptions due to VIP movements. Roads are often blocked to facilitate the smooth passage of dignitaries, further straining an already overburdened traffic system.

Who is a VIP?

The Ministry of Home Affairs (“MHA”), on 06.03.2013, in answer to the starred question number 134 as to what is the criteria and mechanism for deciding status of a VIP and VVIP, answered that “In so far as security cover provided by the Union Government is concerned, there is no official nomenclature whereby any such status as a VVIP or VIP is attributed to an individual. Security is provided to certain categories of individuals on positional basis including Union Ministers, Chief Justice and Justices of Supreme Court.Etc. Other individual are provided security on the basis of threat assessment. State Governments have similar mechanisms for assessing the threat perception and providing security to protectees under their jurisdiction”

In cases where the central government decides to extend security to an individual, the level of security needed by any individual is decided by the MHA, based on inputs received from intelligence agencies which include the Intelligence Bureau (“IB”) and Research and Analysis Wing (“R&AW”). The intelligence inputs that these agencies generate, particularly in cases where VIP security is involved, is neither put out in the public domain nor is it open to scrutiny by any other agency. Indian intelligence agencies are not accountable to any statutory body, and are subject only to the internal oversight of the MHA and the Ministry of External Affairs (“MEA”). Because of this opacity in functioning, and the fact that there is virtually no accountability except to the government in power, VIP security is open to manipulation by the executive. Many protectees, it has been alleged, are under security cover purely for political or “prestige”reasons, and not necessarily because of any genuine threat. In the name of providing security to VIPs, it is usual in India to block roads for the convoy of these VIPs which in turn increases the time for commute in India.

In the Name of Security, Can Roads be Blocked for VIP Travel?

Article 19(1)(d) of the Constitution of India guarantees freedom of movement throughout the territory of India subject to reasonable restrictions. The MHA, on 16.03.2016, in an answer to unstarred question number 2127, has set out guidelines for blockage of roads during movement of VIPs in Delhi. Even though the question and answer is restricted to Delhi, this showers light on when roads be completely blocked for VIP travel. It was answered that “stoppage of traffic for giving safe passage to the protected persons should only be in the case of President of India, the Vice-President of India, the Prime Minister of India and the visiting foreign dignitaries who are given President’s/PM level
security cover. In all other cases, the traffic should not be stopped.” This answer emphasizes that unless it is President, Vice President, Prime Minister or foreign dignitaries who are given President’s/PM level security cover, roads should not be completely blocked. Emergency services like ambulance and Fire & Rescue vehicles are given priority even in the case of VIP traffic restrictions.

The Motor Vehicles Act, 1988 and the Central Motor Vehicle Rules, 1989 form the legal framework governing motor vehicles and road-related matters in India. However, these laws do not provide provisions for road blockages or any special privileges for VIP escorts. The use of red beacon lights, which was previously permitted on vehicles of dignitaries under Rule 108 of the Central Motor Vehicle Rules, 1989, was eventually abolished by the Central Government through notification GSR 423(E) dated April 20,2017. Emergency vehicles, such as ambulances, remain exempt from this prohibition, allowing them to use red lights for critical services.

The VIP First Culture and Democracy

The ‘VIP first’ culture is not suitable for a democracy. This creates an atmosphere of difference of ‘being ruled’ and the ‘one who rules’. This comes from the colonial hangover of the armchair bureaucracy and public servants. The ‘VIP first’ culture had created an atmosphere of disdain among the people and had slowly permeated into the psyche of the bureaucracy and politicians who started considering themselves to be above the system. But neither the Constitution of India nor any laws allow this VIP Culture. In Abhay Singh vs. State of Uttar Pradesh, (2013) 15 SCC 435 the Supreme Court described red beacon lights as the “red menace,” symbolizing a misuse of authority. The Court critically analyzed their use, emphasizing that such symbols perpetuate a colonial Raj Mentality; and contradict the republican values of equality and dignity enshrined in the Constitution. The judgment highlighted that allowing privileges such as red beacons and sirens to individuals beyond high constitutional functionaries creates unjustified distinctions between citizens.

The Court further clarified that the term “high dignitaries” should be restricted to constitutional office holders, such as the President, Prime Minister, Chief Justice of India, and their equivalents in the States. It ruled that the use of such symbols must be strictly limited to official duties. Moreover, the Court directed the Central and State Governments to amend their rules and notifications to reflect constitutional principles and enforce stricter measures to prevent misuse. By urging deterrent penalties, the Court reinforced the importance of upholding equality and the republican ethos in governance.

Conclusion

There should be a complete rejection of VIP culture. All leaders and administrators must imbibe democratic values, which are the foundational principles of the largest democracy. When the ruling classes refuse to embrace and embody the concept of political equality as a way of life, it goes contrary to the constitutional ideas of democracy . Inspiration can be drawn from countries like Norway and Finland, where leaders, such as the Prime Minister, commute via metro. The humble behaviour of leaders in Western countries should be popularized in India to encourage a shift
towards egalitarian practices.

At the same time, the real security threats against VIPs must be acknowledged and considered. Security measures are essential during VIP movements to ensure their safety. Pre-event planning is crucial, with advance notifications informing the public about upcoming VIP movements and expected traffic disruptions through social media, traffic apps, and local news channels. Route optimization can be employed by planning alternative routes for both commuters and VIP convoys to minimize intersections and reduce congestion. Timing adjustments, such as scheduling VIP movements during off-peak hours, late evenings, or early mornings, can also significantly lower the impact on daily commuters.

VIP traffic movement is symptomatic of a VIP culture, opposed to the ideals of the egalitarian society. Ideally, there should no VIP traffic movement or VIP culture. If at all necessary for security, the option should be exercised with caution and sparingly.

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