The Bombay High Court recently directed the State government to phase out small vehicles and vans that ferry schoolchildren. The court granted the State two weeks to phase out the vehicles.
A Division Bench comprising Justices Naresh H. Patil and G.S. Kulkarni was hearing a public interest litigation filed in 2016 by Parents Teachers Associations United Forum.
According to the petition, BEST buses exclusively plying schoolchildren have been violating safety norms, and transport authorities have been granting permits without insisting on an agreement between the school and the operator. The lack of an agreement prevents school authorities from exercising control over the vans. The petition also stated that drivers of small vehicles often do not have the required experience.
It was further submitted that the vehicles had no woman attendants who could ensure that the children were not subjected to sexual harassment. The petition also pointed out that that small vehicles also often carried more children than the permitted number.
Advocate Rama Subramanian, appearing for the PTA, brought to the court’s attention that the Madhya Pradesh High Court had banned the use of small vehicles for the transportation of schoolchildren. The petition also pointed out that a Central government notification dated September 8, 2016, had laid out that the minimum seating capacity for vehicles ferrying schoolchildren should be not less than 13, excluding the driver. The small vans transporting children have been violating this notification.
The PTA contend that there is no proper implementation of the Common Standard Agreement (CSA) between school authorities and PTA, and the owners of the vehicles.
‘Need panels in schools’
According to the CSA, it is necessary for every school to set up a committee to look after issues such as safety of children, transportation fees, and number of bus stops. The committee would also have to verify documents of the vehicle such as certificates of registration, fitness, insurance, pollution under control, driving licence, fire-fighting equipment, and first aid facilities.
The deputy transport commissioner had filed an affidavit that mentioned there were 11,922 vehicles registered as school buses in the State with seating capacity less than 13. Of these, 8,591 vehicles have a contract with the school authority. He said that authorities are taking action on vehicles violating the provisions of the Motor Vehicles Act.
