Effectively Implement Rule Regarding Installation Of Tracking System, Emergency Buttons In Public Vehicles: Kerala High Court Directs Govt.

In effect, the State Government has been directed to ensure that in all the public transport vehicles, Vehicle Tracking System (VTS) and emergency buttons are installed.

The Bench of Chief Justice S Manikumar and Justice Shaji P. Chaly was hearing two Public Interest Litigation petitions filed seeking strict implementation of Vehicle Location Tracking Devices (VLTDs) in motor vehicles.

Background and Contentions raised by the Petitioners

It was stated by Petitioner No. 1 (Jaffer Khan, a Human Rights Protection activist) that in the year 2014, the Cabinet Committee on Economic Affairs had approved a scheme for enhancing the security for women in public road transport in the country.

It was stated that the objective of the scheme was to provide safe and secure public transport to the people of the country, particularly women and girl children, in the context of the "Nirbhaya case"

It was also submitted before the Court that the Central Government through various notifications under this scheme, had granted wide and ample powers to the State Governments, to formulate policies and to effectively and efficiently implement the scheme.

In this context, the Petitioner No. 1 contended that it is necessary to effectively implement the Vehicle Tracking System and to ensure safe travelling of women and children, especially girls, in public passenger transport vehicles.

It was argued that "a scheme introduced with the motive to ensure the safety of women, children and the general public, is not being implemented due to the delay and inefficiency on the part of respondents."

Petitioner No. 2 (Pouravakasha Samrakshana Council) argued before the Court that the State Government amended the Kerala Motor Vehicles Rules, 1989, by inserting Rule 151-A, making it mandatory that all the public service vehicles will have to be equipped and fitted with Vehicle Location Tracking (VLT) with emergency buttons.

According to the petitioner, this regulation was brought in to ensure the safety of passengers, especially women.

The Petitioner further contended that even though the cut-off date fixed by the State Government for enforcement of Rule 151A of the rules, had expired long back, the requirement under the amended Act and the rules had not been implemented or enforced in the State.

It was stated that "the non-installation of VLT devices is against the public interest. The intention of the respondents in not enforcing the fitment to goods vehicles is mala fide and would tantamount to corruption."

Importantly, it was the contention of both the Petitioners that the Kerala State was required to take steps to fit the location tracking devices and emergency buttons in the public transport vehicles so as to ensure the safety of passengers, especially women.

It was argued that the deadline for installing the system and emergency button was being extended by the State again and again and so, in order to seek the immediate implementation of the directives, the Petitioners approached the High Court.

The stand of the Respondents

It may be noted that on 01.04.2018, the State of Kerala brought out Rule 151-A of the Kerala Motor Vehicles Rules, 1989, making it mandatory that all the public service vehicles, as defined under clause (35) of Section 2 of the Act, to be equipped with or fitted with vehicle location tracking device and one or more emergency buttons, and all the goods carriage vehicles shall be provided with location tracking device, except in a two-wheeler, E‐rickshaw, three-wheelers, and any transport vehicle for which, no permit is required under the Act.

The respondents argued before the Court that in respect of educational institution buses, installation of the VLTD has been completed.

It was argued that having regard to the COVID-19 pandemic, affecting the financial position of Kerala Road Transport Corporation, there is a delay in implementing Rule 151A of the rules and there is no willful or deliberate intention on the part of the Corporation or the State Government.

Court's Observations

The Court, in its order, noted that when the State Legislature, in the exercise of the powers under Section 110(3) of the Motor Vehicles Act, 1988, framed Rule 151-A in the rules, and periodically issued orders, including the appointment of Nodal Officers, for monitoring the implementation of installation of VLTDs and Emergency buttons, "the same has to be done effectively, towards enforcement of the rule."

The Court also said,

"Contention of the petitioner that action of the Government of Kerala, in extending the time for implementation of installation of VLTDs is arbitrary and mala fide cannot be accepted."

Notably, the Court said,

"Having regard to the object of framing Rule 151A of the Kerala Motor Vehicles Rules, 1989, safety of the commuters, in particular, women and children, and taking note of the periodical orders issued by the Government of Kerala, a duty is cast upon them to implement the rule and the notifications, without any further delay."

In the light of the above discussion, the Court disposed of the Writ Petitions directing the Secretary to the Government, Transport Department, State of Kerala, Thiruvananthapuram, to effectively implement Rule 151A of the Kerala Motor Vehicles Rules, 1989, notifications, and Circular No.19/2019, with effect from 1.1.2021.

Case title - Jaffer Khan and another v Union of India and Ors [WP(C).No.20500 OF 2020(S) & WP(C).No.20768 OF 2020(S)]