Kerala Conductors for Alleged Wrongful Restraint of Students: Emphasizes Equal Treatment for All Passengers

In a significant ruling, the High Court of Kerala at Ernakulam has quashed the charges against three bus conductors who were accused of wrongfully restraining students from boarding their buses. The judgment, delivered by The Honorable Mr. Justice P.V. Kunhikrishnan on 4th August 2023, sheds light on the need for equal treatment of students and other passengers while boarding buses.

The accused conductors faced charges under Section 190(2) read with Section 196 of the Motor Vehicles Act, 1988 (MV Act), alleging violation of standards related to road safety, noise control, and air pollution. However, Justice Kunhikrishnan, while examining the provisions, stated, "Prima facie a conductor of a bus will not come within the purview of the above section." He further added, "Simply because students were not allowed to board a bus, it cannot be treated as a violation of the standards prescribed in relation to road safety, control of noise, and air-pollution."

The judgment also emphasized the need for bus owners to address their grievances regarding student concessions with the government rather than resorting to discriminatory practices. "Students and other passengers are on an equal footing. It is the duty of the police to see that there is no law and order problem in connection with the same," remarked Justice Kunhikrishnan.

Highlighting the concerns over the prevalent practice of not allowing students to board buses, the court directed the State police chief to take appropriate actions to avert any potential law and order issues arising from disputes between students and bus employees at bus stands and stops.

The ruling comes as a significant step towards promoting fairness and equality in public transportation and sends a strong message about the importance of providing equal access to transportation services for all passengers.

As a result of the judgment, all proceedings against the accused in the cases have been quashed, with the court urging the state authorities to look into student concessions' current realities and consider the demands raised by bus owners in this regard.

D.D-4Aug.2023

SIRAJ vs STATE OF KERALA