Karnataka HC Suggests Special Drive To Check Illegal Vehicles Which Ferry School Kids In Violation Of MV Act [Read Petition]
The Karnataka High Court has suggested to the State government and police authorities to carry out a special drive outside schools, to check on illegal vehicles including auto rickshaws which ferry school children in contravention to the provisions of Motor Vehicles Act.
A division bench of Chief Justice Abhay Oka and Justice H T Narendra Prasad said;
"Prima facie we are not satisfied with the action taken by the state. A special drive should be conducted near schools to detect unauthorized transportation of students by use of vehicles or auto rickshaws."
The direction was given during the hearing of a public interest litigation filed by Karnataka State Legal Services Authority. The Petition filed through Advocate Cliffton Rosario states that
"There are wide-spread illegalities in the transport of children, workers, and general citizens between destinations, in over-crowded passenger vehicles and goods carriers, leading to potential accidents and resulting in the violation of their fundamental right to life, dignity and movement protected under Article 21 and Article 19(1)(d) of the Constitution of India."
Further it says that the authority has undertaken a comprehensive exercise recording the aforementioned systematic violations of the law, and has included in this petition photographic evidence of school-children, workmen, and general citizens being transported in overcrowded passenger vehicles and goods carriers in the districts of Bengaluru, Chitradurga, Ballari, Dharwad, Yadgiri, Bagalkot, Gadag, and Koppal.
The failure of the Government to ensure the provision of adequate public transport renders the most vulnerable strata of society with no option but to use such hazardous modes of transport. The practice in question is in violation of a number of Articles of the Constitution, laws, rules and regulations, and must be dealt with in a strict manner, keeping in mind the tragic consequences of leniency in this regard.
The petition prays for directions to the government to take all necessary steps to stop the use of goods vehicles for transporting people from one destination to another in violation of the law. Ensure the provision of adequate, affordable and safe public transportation to students, children, workers and other vulnerable sections of society across the State of Karnataka.