Can’t Expect 100% Efficiency; State Making Efforts: Karnataka High Court Disposes PIL Against Mandatory 'Panic' Button To Avoid Accidental/ Prank Calls

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi remarked that the measures are citizen friendly, responsive and efficient.

The observation came while disposing of a public interest litigation filed by one Arunkumar N T who had raised a cause in respect of the accidental misuse of the national emergency number 112 or other quick response facility numbers and misuse by certain pranksters.

Referring to a notification issued in 2016 by the Union of India which mandates 'panic button' in all mobile handsets, the petitioner had claimed the quick response system if being pressed by minor/ children out of anxiety repeatedly, the system is unable to respond to other callers who may be facing genuine difficulty.

It was submitted that though the system such as emergency response support system is installed with aim and object to deal with certain unforeseen situations and to prevent certain mischiefs, the system is misused. Thus a direction was sought to change the rules by making provision of having a panic button in mobile phone handset non-mandatory.

The bench on going through the records noted that “The response of the state govt is appreciable as the state is not taking petition as adversarial litigation but provides a positive response not only in words reflected in affidavits but acts of respondent. Thereby the senior police officials of the state invited the petitioner party in person, to see and experience how the business is conducted at command centres. This gesture of the senior police official is certainly a citizen friendly and welcome gesture.”

Referring to the reply filed by the petitioner after his visit to the command centres and also the objections filed to the petition by the state government the bench said “Now it is common knowledge that once a system is installed and made functional one can’t expect 100 percent efficiency of the system, there are certain issues which may crop up in the functioning of the system, on facing such issues the operators of the system are supposed to update the system. It is also common knowledge that such systems are highly technical systems and the persons handling them are experts in the field. How the system is to be installed, how it should work, what measures are required to be taken during installation/functioning are the issues which are required to be left to those persons having expertise in the field. Certainly this court cannot claim any expertise on such technical issues.”

It added “We are sure that if any issues are faced in handling or functioning of the system those experts looking after the system will take appropriate steps to see that issues are resolved and the system is made more efficient and effective.”

Thus it held “As such we see no reason to issue any direction, for operation or functioning of the system.”

Addressing the contention of the petitioner that in case a panic button is pressed not by some mischief player but by some minor or children only due to anxiety and in such a situation if another person is in need of assistance what are the steps available to provide assistance to such person in distress, the bench noted the submission of the State that

“ERSS number 112 is periodically reviewed and strengthened to handle heavy loads. The respondent is continuously making efforts to make the ERSS system effective, fool proof and reviewing periodically. To handle increased call loads the lines are increased and now the centre is equipped to receive 180 calls simultaneously.” Further, if the system is misused by pranksters, then legal action has been initiated against such pranksters.

Further the court recorded from the reply filed by the state government that “Apart for ERSS a mobile phone application called Suraksha is also available for persons in distress the SOS button is fully integrated personal safety option which turns the smartphone into a personal safety device during emergency by triggering a call to ERSS, the application first records a video for 10 seconds. It also sends a call to a friend or relative and allows real time tracking of a person through a GPS system. Suraksha Application is an effective tool for physically challenged persons–like deaf and dumb people in contacting the police control room.”

The bench remarked “In our opinion this feature is certainly an effective mode of providing necessary assistance to persons in distress, care is also taken to make the system user friendly and particularly the physically challenged persons. Then the additional SOS alert to friend and relative is also one of the effective measures to see that information that somebody is in difficulty or distress is reached to friend or relative of such person.”

Accordingly it disposed of the PIL suggesting to the petitioner to himself take steps to create awareness of the additional feature (Suraksha App) to the public at large.

Case Title: Arunkumar N. T And Deputy Commissioner of Police & others.

Case No: WP 14221/2021

Citation: 2023 LiveLaw (Kar) 74

Date of Order: 21-02-2023