Advocate Monisa Manzoor Mir's PIL highlights lack of implementation of reserved seating for women and absence of complaint mechanisms in public transport systems.
In a significant move, the Jammu and Kashmir High Court recently addressed a Public Interest Litigation (PIL) filed by Advocate Monisa Manzoor Mir, highlighting the systemic failures in implementing safety measures and seat reservations for women in public transport. The PIL brings to light the lack of enforcement of Circular 3/TC/2025, which mandates reserved seating for women in both large and mini-buses.
The petition, reviewed by the Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, points to the non-implementation of reserved seating as per the circular dated January 07, 2025, issued by the Transport Department. Despite the mandate, there has been no tangible enforcement on the ground. The information obtained under the Right to Information (RTI) Act from the Transport Commissioner and RTO Kashmir reveals a concerning absence of inspections or penal actions against violators. Additionally, there is a glaring lack of public awareness and no established complaint mechanism for women facing harassment or discomfort in public transport.
The PIL also underscores the lack of coordination between departments. While RTO Flying Squads were claimed to have been constituted, there is no evidence of their effectiveness. The Transport Department, Traffic Police, and Deputy Commissioner's Office appear to be shifting responsibility amongst themselves, highlighting a significant gap in inter-departmental coordination.
Significantly, the PIL references successful women-centric safety schemes implemented in other Indian states such as Delhi, Karnataka, Maharashtra, and Tamil Nadu. These states have introduced initiatives like 'Pink Tickets', 'Tejswani Buses', and 'Shakti Schemes' without requiring legislative amendments to the Motor Vehicles Act, indicating that administrative intent can drive effective safety reforms.
The court has issued a notice to the respondents, with Government Advocate Mr. Illyas Nazir Laway accepting the notice on their behalf. The matter has been adjourned to March 04, 2026, allowing time for the respondents to seek instructions and prepare a response.
This PIL sheds light on the critical issue of women's safety in public transport and the need for effective enforcement and awareness mechanisms to ensure the safety and comfort of women commuters.
Bottom Line:
Public Interest Litigation (PIL) addressing systemic failure in implementing safety measures and seat reservation for women in public transport.
Statutory provision(s):
Article 15(3), Article 21, Article 38(1) of the Constitution of India; Circular 3/TC/2025
Monisa Manzoor Mir v. U.T. of J&K, (Jammu And Kashmir)(Srinagar)(DB) : Law Finder Doc id # 2855822
