Madhya Pradesh High Court: In a multiple Public Interest Litigations (PILs) filed following a tragic accident involving resulted in the death of four students and the driver of school bus belonging to Delhi Public School, Indore, a division bench of Binod Kumar Dwivedi and Vivek Rusia,* JJ., issued guidelines for school bus safety in Madhya Pradesh, thereby, ensuring enhanced protection for school children while directing legislative action to institutionalise these measures.
In the instant matter, on 05-01-2018, after collecting students from school, the school bus met with an accident which resulted in the death of four students and the driver. The police and local administration took action as per law against responsible persons but the petitioners, including parents and residents, sought various remedies and measures to enhance the safety and security of children traveling in school buses. The petitioners collectively sought following relief —
Improved safety measures for school buses.
Accountability of the authorities and school management.
Regular inspections by authorities.
Cancellation of licenses for non-compliance.
Compensation for the victims’ families and injured students.
Formulation of guidelines to prevent similar incidents.
On Criminal Prosecution, the Court noted that FIRs were already filed, and charges had been framed under relevant Sections of the , therefore, there is no need to issue further directives on this matter. The Court also declined to adjudicate compensation matters in a PIL as the school had already provided compensation and borne medical expenses and directed affected parties to pursue remedies under applicable laws, such as the Motor Vehicles Act.
Recognizing the absence of specific provisions in the Madhya Pradesh Motor Vehicles Rules, 1994, the Court exercised its powers as conferred under Article of the and issued interim guidelines inspired by similar provisions in Chhattisgarh Motor Vehicle Rules on safety of children travelling in the buses belonging to the private and Government educational institutions, coaching centers, sports academy and local bodies etc. The Court stated that following conditions shall be attached to every school bus permit and every vehicle taken on hire by educational institutions for use as a school bus —
Mandatory yellow paint and identification details on school buses.
Installation of horizontal grill fitted on the windows.
Colored films on glasses and curtains shall not be used on the windows of the school buses. Security glasses as provided in Rule 100 of the Motor Vehicle Rules, 1989 shall be used.
Equipping buses with first aid kits, fire extinguishers, and emergency exits.
Drivers must have five years of experience with no severe traffic violations.
Other than students, the school bus is permitted to carry only guardians of students or teachers of educational institutions who may travel to check safety norms. No other person shall be allowed to travel on such buses.
Each school bus shall have space to keep school bags under the seat.
The school buses shall operate within the prescribed speed limit. Each bus shall be fitted with a speed governor.
Reliable locking mechanisms for doors.
No pressure horn shall be fitted in school buses. During operation, at night the school buses shall have blue color bulbs fitted inside.
Regular maintenance, fitness certification, and pollution control compliance for buses.
A ban on the use of buses older than 12 years.
The Court further directed that —
A maximum of four persons, including the driver, can be seated in auto-rickshaws transporting students.
The Regional Transport Officer and Deputy Superintendent/City Superintendent of Police for Traffic in each district to ensure compliance with the Motor Vehicles Act, Madhya Pradesh Motor Vehicles Rules, and the issued guidelines.
Every school (government or private) must appoint a senior teacher/staff member as “Vehicle Incharge” to monitor the registration, condition, safety, and routes of school buses. Any violations will hold both the “Vehicle Incharge” and the school management accountable.
GPS tracking systems and CCTV cameras must be installed in all school buses, enabling parents to track and view the vehicle through a mobile application.
Each school bus must have a male or female teacher (as appropriate) accompanying the students from the first to the last stop.
Regular medical check-ups and criminal background monitoring of drivers and conductors are mandated.
The Court directed the Principal Secretary, State Education Department, Collector and Superintendent of Police of each and every District of the State of Madhya Pradesh to give due publicity to the aforesaid guidelines/directions in all the schools providing transportation facilities to their students. The Court directed the State of Madhya Pradesh to amend its Motor Vehicles Rules to align with the guidelines and ensure comprehensive safety measures for school buses. The Court further asserted that these directions would remain in force until the Government of Madhya Pradesh examines the situation and incorporates appropriate provisions into the Madhya Pradesh Motor Vehicles Rules, 1994.
[Pramod Kumar v. Govt. of India, Writ Petition No. 606 of 2018, Decided on 04-12-2024]
*Judgment by Justice Vivek Rusia
Advocates who appeared in this case :
Shri Manish Yadav, Counsel for the Petitioner
Shri Amit Agrawal, Sr. Advocate assisted by Shri Arjun Agrawal, Counsel for the Respondent No. 8
Shri Bhuwan Gautam, Government Advocate, Counsel for the Respondent/State
Shri Vivek Patwa, Counsel for the Respondent No. 9
Shri R.S. Raghuvanshi, Counsel for the Respondent No. 7
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