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Contending paradigms for contested public spaces: role of CSOs in shaping Delhi's transport policy
Mahesh Sarma, Centre for Studies in Science Policy, Jawaharlal Nehru University

Introduction to the case
From the late 1980s, due to industrialisation, and burgeoning vehicle population, air pollution in Delhi reached alarming proportions. The rising air pollution led to a protracted legal case, M.C. Metha vs. Union of India, filed by M.C. Mehta, an environmental activist lawyer. The case initially demanded the stoppage of stone crushing in the vicinity of Delhi. Even when interim judgments in the trial were made from 1986 onwards, by way of phasing out vehicles more than fifteen years old and the provision of hybrid fuels and bio-fuels, the state (both executive and legislature) did very little by way of policy or execution. It was only due to a sustained campaign by CSOs and threat of imprisonment for contempt of court by the judges that changes were eventually achieved. This case attempts to examine the way in which the Centre for Science and Environment (CSE) was able to generate, sustain, and coordinate public opinion with respect to vehicular air pollution as the main cause of public health problems, as well as playing an important role in convincing the public and judiciary that CNG (Compressed Natural Gas) constituted an ideal solution to the problem, especially in the face of strong opposing forces.

The type and extent of policy change
In the state of Delhi over a period of a little under two years from 2001 to 2003 the Government of Delhi (GoD), in collaboration with the Government of India (GoI), undertook the complete conversion of Delhi's public transport fleet into CNG mode; emission norms announced by GoI were advanced by four years for the state of Delhi; the GoI announced a national fuel policy, formulated by an expert committee; and urban planning in Delhi's master plan came to acknowledge vehicular pollution and measures to reduce it.

Some thoughts on the explanation of the policy change
The political context
A few hypotheses can be put forward about the nature and content of the change: due to the liberalisation process, quality of life issues have begun to dominate public discourse and an increasing number of internationally connected CSOs, powered by competing claims based on science and the use of electronic media, have been successful in exposing key issues in the public domain. Trade-offs with respect to pollution, industrialisation, development and exclusions normally would have been negotiated in the political space but are increasingly debated publicly.

The ways CSOs tried to affect policy change (strategy and activities)
The major strategy used by all the CSOs involved in the issue was to publish their findings in the form of reports, leaflets and press releases and to use the media to sensitise the public and policy-makers. Some CSOs also attempted to engage the public by way of public hearings and interactive sessions with the experts. Petitioning and corresponding with state authorities was another preferred mode of activity. Impleading themselves as interested parties in the Public Interest Litigation by way of filing interlocutory applications was yet another effective means of intervention.

The nature of research-based evidence
All CSOs involved in the transport policy debate have used their own research based findings, aided and supported by previously conducted international research findings, to influence policy-making. For example, CSE commissioned a comparative study of pollution levels generated by both modes of fuels (CNG and diesel). TERI published a series of articles and reports based on its long-standing experience in energy and fuel studies about the effectiveness of ultra low sulphur diesel. Both TRIPS and the Hazards Centre advocated a larger solution of multi-model transportation with public transport at its core.

Mechanisms used to get the evidence into the policy process
Having identified the right cause (respiratory health problems), which is an emotional issue, and linked it scientifically to increased pollution, CSE mounted an intensive, campaign with the publication of 'Slow Murder', a booklet highlighting the increase in deaths due to respiratory problems. This was followed by a campaign against diesel buses, which culminated in the submission of a public appeal to the GoD signed by leading Physicians of the country. CSE also coordinated a series of public meetings targeted at the middle classes. A series of articles in the centre's magazine, advertisements in leading newspapers and well articulated television appearances led to a significant mobilisation of media. CSE also ensured that the message was echoed in key government and court appointed committees, thus influencing policy changes from within the state structure. Through it's leader CSE participated in the committee which recommended CNG as a clean fuel. Even in the second committee on national fuel policy, CSE made critical submissions.

International factors
All the actors involved in the CNG case used international influences or references. The World Bank comparative studies on transportation in Mexico City and Santiago, along with data and experiences from Australia, helped influence the policies. CSE in particular commissioned two independent studies by international experts to examine and assert the effectiveness of CNG as a solution.

Conclusions and lessons learned
This case shows how policy-making in the current context is irrevocably susceptible to public intervention. However, care should be exercised to clearly define what constitutes public, since society is comprised of people of varied class interests. Contending claims by contesting players (all of them claiming to be scientific) leads us to conclude that civil society needs to be conscious of the values which underlie these interventions. Effective utilisation of the media is crucial for the success of any public policy intervention. Judicial intervention in policy-making could sometimes result in a 'technological fix' since they normally address an immediate injustice. CSOs have a major role in educating and involving the public in what is emerging to be a technology dominated risk society.

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Last Modified: 5 June, 2006  
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