South-East Delhi's Metropolitan Magistrate Calls For Safe & Accessible Public Transport, Sends Order To Prime Minister

Expressing concern over the issue of overcrowding in public transportation, a Delhi Court on Friday sought a report from the union transport ministry, Delhi government's transport department and Delhi Metro Rail Corporation (DMRC) on necessary measures for making the travel in metro and buses, both safe and accessible.

Seeking report from the authorities within a period of one month, Metropolitan Magistrate Karan Choudhary of Saket Courts has sent a copy of the order, particularly his observations on the issue, to Prime Minister Narendra Modi; Union Minister of Ministry of Road, Transport and highways; Delhi Government's Transport Minister; Managing Director of DMRC, MD & CEO of Delhi Integrated Multi-Modal Transit System Ltd. (DITMS) and Special CP (Traffic), Delhi Police.

"Let copy of Paragraph 15 of this judgment be sent to The Hon'ble Prime Minister, Government of India ....," said the judge.

The court observed that despite there being laws which attract penal provisions regarding seating and standing capacity of passengers, overcrowding was "quite ubiquitous" in public transport including passenger buses.

Calling overcrowding "a recipe for disaster", the court said that if a healthy adult finds it difficult to board, travel and deboard through public buses, "then what will be situation of disabled persons, women, children and senior citizens."

"Overcrowding has associated hazards with it. It can besides the discomfort to passengers, impact the road worthiness of vehicle concerned and can be cause of Road Traffic accident as it makes vehicle difficult to control/drive and breaking system is adversely affected. Crowded spaces on board of vehicle/public passenger bus can create feelings of anxiety, unsafety and insecurity. Hence, it creates barrier to access to public buses esp. to disabled persons, women (including pregnant women), children and senior citizens," the court said.

Further observing that nation building is a constitutional mandate for the state and also a constitutional responsibility of every citizen, the court said:

"In the present age of Amrit Kaal and Vande Bharat express, with vision of developed India in eyes, it is incumbent upon state, to ensure that public transportation including public buses inter-alia is safe, comfortable and accessible and equipped with modern technologies, utilising internet of things, at par with any other modern nation."

The court thus sought a report from the authorities on the aspect of overcrowding in public transportation and feasibility of employing modern technology systems in the buses. As per the order, the technology that can be made a mandatory requirement in the buses includes CCTV cameras, electric bell, announcement systems, automatic door, automated electronic ticket machines, mobile app for bus timings and WiFi facility. 

It has also asked about the measures being taken for sensitization and proper training of drivers and conductors with regard to better communication skills and also for a provision of a complaint book with conductor, at all times.

"Charter/ Manual delineating responsibility and accountability (for instance of conductor and others) for boarding and deboarding of persons who needs special care example disabled, pregnant women and others. Further, it must be ensured that seats are reserved for passengers who needs special care and such reservation is implemented and enforced," the order reads.

The court also said that there must be audits and surprise checks or special drive to be conducted by the Traffic Police to ensure that the buses and Delhi Metro are not overcrowded.

The order was passed by the court while acquitting one Md. Ayub Khan of the offences under sections 352 (punishment for assault or criminal force otherwise than on grave provocation) and 506 (punishment for criminal intimidation) of IPC.

The case was registered on the basis of a complaint made by one Manoj Kumar Sharma alleging that Khan, the bus driver, used criminal force and assaulted him when he wanted to deboard the bus at his destination.