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Synopsis

The Madhya Pradesh High Court’s Indore bench, while addressing a batch of public interest litigation (PIL) cases, issued comprehensive interim guidelines to ensure the safety of children traveling in school buses. The court, presided over by Justice Vivek Rusia and Justice Binod Kumar Dwivedi, directed that these measures will remain in effect until the State Government amends the Madhya Pradesh Motor Vehicles Rules, 1994.

Following a tragic school bus accident, in 2018, involving a Delhi Public School bus in Nipania, which resulted in the deaths of four students and the driver, several writ petitions were filed. The petitions sought compensation, prosecution of responsible authorities, and safety guidelines. Petitioners called for stricter regulations, citing Chhattisgarh's Motor Vehicle Rules, 1994, and demanded compensation and criminal action against the school management. Respondents, including Delhi Public School, Indore, argued that compensation had already been provided, including free education for the deceased driver's children and medical support for the injured. The State Government noted that the Madhya Pradesh Motor Vehicle Rules, 1994, had not been amended to regulate school buses, unlike in the neighbouring state of Chhattisgarh.

The court noted that compensation claims are better addressed in individual legal proceedings rather than public interest litigation. The management of Delhi Public School, Indore, also informed the court of compensation provided to the driver's family and injured students, including lifelong free education for the driver's children. Additional claims under the Motor Vehicles Act are pending before the tribunal, the court was told. “Persons who have suffered injury or parents of deceased children have a remedy to approach the Court to claim compensation from the respective respondents. No general directions can be issued in the PIL for payment of fixed amount of compensation,” the court stated.

However, the court, citing urgent need to fill the regulatory gap, found it necessary to frame guidelines for safety measures to avoid such type of the incidents in future. Focusing on the absence of regulatory provisions for school buses in Madhya Pradesh, the court invoked its powers under Article 226 of the Constitution to frame interim guidelines modeled after Chhattisgarh’s rules.

The court outlined several safety measures:

Vehicle Specifications:

1. School buses must be painted yellow with “School Bus” or “On School Duty” clearly marked.
2. The bus must display the name, address, and contact details of the school on both sides.
3. Grills on windows, first aid kits, fire extinguishers, and speed governors are mandatory.
4. Buses cannot be older than 12 years.

Driver and Staff Requirements:

1. Drivers must have five years of experience and a clean record, with no history of over-speeding, drunken driving, or dangerous driving.
2. An attendant trained in first aid and student safety must be present.

Safety Features and Maintenance:

1. Emergency doors, GPS tracking, CCTV cameras, and reliable locking systems are compulsory.
2. Buses must be regularly cleaned and maintained, with valid fitness, pollution, and insurance certificates.

Monitoring and Compliance:

1. Principals or designated staff must monitor bus compliance, and violations will attract accountability.
2. Authorities, including Regional Transport Officers and Traffic Police, are tasked with enforcement.

Auto-Rickshaw Restrictions:

1. Auto-rickshaws carrying schoolchildren are limited to four passengers, including the driver.

The court also instructed the State Education Department and district officials to widely publicise the guidelines and ensure strict compliance.

 

Cause Title: Pramod Kumar v Government of India and Others and other connected matters [NEUTRAL CITATION NO. 2024:MPHC-IND:34320]