School Children cannot be ferried in Military Trucks
The Court's Directives on Military Vehicles Used as School Buses and Adherence to Safety Standards
The Punjab and Haryana High Court addressed a pressing issue raised in a Public Interest Litigation focused on the use of military vehicles, specifically trucks, for transporting children to and from school, and their non-compliance with established safety standards.
Background of the Case
The petitioner, Pradeep Sharma, brought to light a critical safety concern regarding the transportation of school children in military vehicles. These vehicles, being used as school buses, did not conform to the Automotive Industry Standard, AIS-063:2005, which outlines the requirements for school buses. The lack of adherence to these standards posed a potential risk to the safety of children.
Court Proceedings and Assurance by the Union of India
During the proceedings, the Union of India, represented by their counsel, acknowledged the gravity of the issue. Although no formal response was filed, the counsel for the Union assured the court of their willingness to amend and modify the existing military vehicles used for school transportation. The intention was to ensure compliance with the AIS-063:2005 standards and the Central Board of Secondary Education (CBSE) guidelines issued on February 23, 2017.
The Court's Ruling
Chief Justice Mr. Sheeu Nagu and Justice Sanjiv Berry, presiding over the matter, emphasized the importance of children's safety and the need for immediate action. The court directed the Union of India to make necessary modifications to the existing military trucks or introduce new buses that meet the safety standards. The implementation of these changes was to be carried out in a phased manner, but with urgency to prioritize children's safety.
Implications of the Judgment
This judgment sets a precedent for upholding the safety standards for school transportation. The court's directives ensure that all vehicles used for this purpose, including those owned by the military, adhere to the mandatory safety requirements. By enforcing the AIS-063:2005 standards, the court aims to minimize risks and enhance the safety of school children.
The Way Forward
The court's decision empowers the petitioner to revisit the court if the directives are not implemented, ensuring accountability and compliance from the respondents. The ruling not only addresses the immediate safety concerns but also highlights the judiciary's role in safeguarding public interest, especially when it involves vulnerable sections of society like children.
Conclusion
The Punjab and Haryana High Court's judgment in the case of Pradeep Sharma v. Union of India underscores the judiciary's commitment to ensuring the safety and well-being of children. By mandating adherence to established safety standards, the court has taken a crucial step towards creating a safer environment for school transportation. This decision serves as a reminder of the importance of compliance with safety norms and the need for constant vigilance in protecting the rights and lives of children.
Pradeep Sharma v. Union of India, (Punjab And Haryana) : Law Finder Doc id # 2762672
