Mysore is now cluttered with roadside hoardings. Some of them have
skimpily clad models and flashing lights. They are quite distracting to
the drivers of vehicles and may even be causing accidents. The Supreme
Court and various High Courts have repeatedly ruled that hoardings which
are hazardous and a disturbance to safe traffic movement should be
removed. Steps have been taken to remove such hoardings in several
states, such as Delhi, Punjab, Haryana, Tamil Nadu and Himachal Pradesh.
It is surprising that the authorities in Karnataka in general and,
Mysore in particular, are not taking any action on these dangerous
hoardings.
In M. C. Mehta Vs. Union of India and Others PIL, the Supreme
Court ordered on 20-11-97: 'Civic authorities including the Delhi
Development Authority, the railways, the police and transport
authorities are directed to identify and remove all hoardings which are
on the roadsides and which are hazardous and a disturbance to safe
traffic movement...We direct carrying out of these orders
notwithstanding any other order/directions by any authority, court,
tribunal and no authority shall interfere with the functioning of the
police.'
Following the above order of the Supreme Court, public interest
litigations against roadside hoardings have been initiated in several
states and High Courts have passed similar orders. Appeals against these
orders have been dismissed by the Supreme Court. Advertisers have
appealed against an order passed by the Madras High Court and the
Supreme Court dismissed their appeal on 16-4-01. Chandigarh
administration objected to an order by the Punjab and Haryana High Court
saying that it would lead to a huge loss of revenue, but the Supreme
Court dismissed its appeal on 27-9-04.
When Delhi High Court ruled that all hoardings near and facing
roads are traffic hazards and ordered their removal, the Municipal
Corporation of Delhi went in appeal before the Supreme Court. In the
appeal, MCD argued that studies conducted by expert bodies (School of
Planning and Architecture, Delhi and Centre for Advance Research on
Transportation, Calcutta) have revealed that there is no connection or
relation between advertisements and accidents and that there is no
evidence that all hoardings near and facing roads are traffic hazards.
The Supreme Court asked the Environmental Pollution Control Authority of
the Central Pollution Control Board to study these objections and
prepare a report.
Such a report has been prepared and is available on the
internet. EPCA heard various stakeholders such as the Railways, Delhi
Metro, major advertising agencies and MCD. Based on a global literature
survey, EPCA concluded that the two studies cited by MCD had serious
flaws in their research methodology and hence came to wrong conclusions.
EPCA also concluded that
a. The effect of hoardings on traffic safety is real. However, it is
situation-specific. There is overwhelming evidence that signs and
billboards can be a threat to road safety.
b. Almost all studies agree that too much 'visual clutter' at or
near intersections and junctions can interfere with drivers' visual
search strategies and lead to accidents.
Based on the EPCA report, MCD came out with the Delhi Outdoor Advertising Policy, 2008 (
pdf link) finalized according to the directions of the
Supreme Court. The Supreme
Court, while approving the outdoor advertising policy, agreed with the
contention of EPCA that though the advertisement policy has been drafted
by MCD, the same is applicable to the entire city including
advertisements placed on Railway, Delhi Metro and private properties.
The Delhi Outdoor Advertising Policy, 2008 can be taken as a model
policy for all the cities in India.
Under this policy, advertisement promoting drugs, alcohol,
cigarette or tobacco items or propagating exploitation of women are
prohibited. Illuminated advertisements with lights going on and off are
also prohibited. Generators to provide power for outdoor hoardings are
also not allowed. Violations of these conditions are common in Mysore.
It is interesting that the policy also prohibits signs which can
not be quickly and easily interpreted as they would increase the period
of distraction. So letters should not occupy more than 20% of the sign!
The policy does not permit large billboards on footpaths. They
are also not allowed in residential areas or within 75 m of any road
junction or traffic intersection or within 75 m of another billboard.
They are also not allowed on road medians. Violations of these
conditions are common in Mysore.
Since the Supreme Court order to remove hazardous hoardings in
Delhi, PILs have been filed in many states and the High Courts have
given similar orders. The state government and Mysore City Corporation
should formulate a hoarding policy similar to that of Delhi before
someone files a PIL and forces them to do so.
Dwarkanath Narayan, Mysore Grahakara Parishat