Friday 28 February 2014

Cycle allowed on 112 roads - Times of India



KOLKATA: Facing stiff resistance from various sections of the society for barring cycles from 174 thoroughfares, Kolkata Police has finally modified its decision and stayed the restriction along 62 stretches. The 174-road curb, however, remains unchanged for other non-motorised vehicles like vans and carts.

The fresh notification has left crusaders baffled because it comes amid a PIL challenging the restriction against bicycles and other forms of non-motorised transport (NMT) filed in Calcutta high court in January. The next hearing is due in March-end.


Ekta Jaju, One of the petitioners and convenor of NGO SwitchOn, said: "The new notification iterates the arbitrariness of the administration. The cycle ban has no parallel. Most cities, including those in India, are promoting NMTs."


Last July, TOI had reported Kolkata Police passing an order to prevent cycles and other NMTs from plying on 174 r oads. The restriction was imposed under the West Bengal Traffic Regulation Act, 1965, that mandates ratification by the mother department (traffic). TOI also reported how Kolkata Police chose not to ratify the notification within the stipulated two months, making the order legally invalid.


This time, to avoid the need for ratification, the order has used the West Bengal Motor Vehicles Rules, 1989, that empowers police commissioner to restrict movement of vehicles on a thoroughfare. The order dated February 13, 2014, reads: "Under sub-rule (2) of Rule 291 of the West Bengal Motor Vehicle Rules, 1989, I, Surajit Kar Purkayasthya, commissioner of police, Kolkata with a view to providing safe and uninterrupted movement of vehicular traffic do hereby order that cycle van, hand cart, pull cart, bicycle shall be restricted in the city..."


Asked if such a notification could be issued when a case on the matter is being heard in the court, deputy commissioner (traffic) Dil ip Adak told TOI: "The police commissioner has the power to impose any kind of traffic restriction at any point of time under the West Bengal Motor Vehicles Rules."


He found the new order rather constructive: "It has relaxed the earlier restriction on bicycles by allowing them to ply on 112 stretches. The restriction on cycles now stands at 62 instead of 174. That's something to look forward to."


He added, "This notification comes in response to several representations against the earlier order. The matter was discussed at the highest level and we found some merit in the representation. We wish to clarify that even if there is a ban on main roads, cross-traffic will be allowed."


The TOI report in July was followed by widespread protests from NGOs and activists, who were even restrained by Kolkata Police from holding a cycle rally christened "Cycle Satyagraha". City law-keepers have been under scanner since as newspapers like Guardian wrote: "A ban on cyclin g in one of India's most polluted and crowded cities sparked protests and reignited a public debate over the country's attitudes toward its poor ..." The Washington Post reported: "Kolkata, the sprawling metropolis of 14 million, first banned bikes on about three dozen streets in 2008. The police commissioner recently expanded the measure, barring bicycles, non-motorised rickshaws, carts and cycle vans from 174 roads."


According to the new order, bike travel will be allowed on some streets after business hours, but activists opined the new restrictions are tantamount a blanket ban on cycling in the entire city because no milkman or van rikshaw-wallah would find the need to commute at such odd hours.







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