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Military trucks ferrying school children must follow safety norms: Punjab and Haryana HC

The Punjab and Haryana High Court disposes of PIL seeking compliance with the Motor Vehicle Rules, tells the Centre to implement Automotive Industry Standards or phase out unsafe vehicles.

4 min read
The court was taken through government notifications and orders from the Ministry of Road Transport and Highways and the Haryana Transport Department, in addition to CBSE guidelines on school bus safety. (File image)

The Punjab and Haryana High Court on Wednesday directed the Centre to ensure that military trucks being used to ferry schoolchildren comply with mandatory school bus safety standards under the Motor Vehicle Rules and Automotive Industry Standards. The direction arose from a Public Interest Litigation (PIL) petition that highlighted the use of modified military vehicles as school buses, calling them structurally unsafe for transporting children.

The division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry passed the order on the PIL petition filed by Arjun Shukla, who submitted that non-transport military trucks without proper passenger safety features were being used to carry children to schools, especially in and around cantonment areas.

“These vehicles lack emergency exits, hard bodies, speed governors, GPS tracking, CCTVs, and lady attendants, all of which are mandatory under existing norms,” the petitioner argued, referring to detailed specifications outlined under the Automotive Industry Standards (AIS-063:2005) and the Central Motor Vehicle Rules.

Referring to documentary evidence and photographs placed on record, the petitioner urged the court to direct the Ministry of Defence, the Ministry of Road Transport, and other authorities concerned to coordinate and phase out such unsafe vehicles. He clarified that he was not seeking immediate compliance but only a time-bound transition. “This is a statutory mandate. All we are asking is that these directions be followed within a reasonable timeframe,” he said.

The court was also taken through government notifications and orders from the Ministry of Road Transport and Highways and the Haryana Transport Department, in addition to CBSE guidelines on school bus safety.

“Even in Delhi and Chandigarh, military-run school buses have been painted yellow and made compliant. This shows it can be done. The issue is not the colour, it’s the absence of safety features like emergency exits and proper bodywork,” submitted Arjun Shukla.

‘Govt ready and willing to act’

In response, Additional Solicitor-General Satya Pal Jain, appearing for the Centre, admitted that multiple ministries were involved but assured the court that the Government was “ready and willing” to make necessary amendments or gradually replace non-compliant vehicles with buses conforming to AIS norms. He sought additional time to work out the logistics and added that civilian vehicles are sometimes restricted from entering defence zones, making the use of military vehicles necessary in some areas.

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Recording these submissions, the court observed, “This court has no manner of doubt that in view of the assurance given by the counsel for the Union of India and its functionaries, the needful would be done—either by making necessary modifications in the existing trucks/buses or by introducing new vehicles that adhere to the Automotive Industry Standards.”

The court granted liberty to the Centre to implement the changes in a phased manner “as expeditiously as possible,” keeping the safety of children in mind. While it did not impose a fixed deadline, saying they can’t be hanging a sword over the Army, the bench made it clear that delay was not acceptable, noting that no substantial progress had been made despite the matter being pending for nearly a year.

The court added that the petitioner would be at liberty to revive the matter in case of non-compliance.

“This practice may have been acceptable in the past, but in the present day, there can be no exceptions to school safety norms,” the petitioner told the court, pointing out that even the Supreme Court has issued detailed directions to ensure children are transported in properly equipped buses.

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