Minivans carrying school kids must be phased out: HC

The Bombay high court (HC) on Monday directed the state government to phase out all minivans being used to ferry schoolchildren in the interest of their safety.

The Bombay high court (HC) on Monday directed the state government to phase out all minivans being used to ferry schoolchildren in the interest of their safety.

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The HC bench held that while the Central government had laid down strict safety guidelines for school buses, the state should adopt the same, rather than compromising on schoolchildren’s safety.

The court also directed the state transport authority to talk to parents on why unapproved vehicles should not be used for transporting their children.

A division bench of justices SC Dharmadhikari and Riyaz Chagla, while hearing a public interest litigation (PIL) filed by the PTA United Forum, was informed by advocate Rama Subramanium that despite the Central government issuing safety norms and rules for school buses, the state was not following it. The Central government rule has defined a school bus as a vehicle that has a capacity of 13+1, but state authorities were flouting the same by allowing minivans and autorickshaws to ferry children. She further submitted that there was no agreement between the smaller vehicles and school authorities, hence there was no means of accountability nor were the schools in a position to exercise control over the vehicles.

This she submitted was causing grave danger to the lives of children as the smaller vehicles did not adhere to any safety norms stipulated by the Central government. The transport department countered the allegations, stating that school buses could not ply in smaller lanes whereas vans and rickshaws could easily access and hence it had not entirely implemented the Central government norms. The department sought further time to explain its stance in this regard.

The bench, however, said the safety of children was of utmost importance and that the Central government rules overrode the state’s, hence the transport department should take efforts to discontinue the usage of smaller vehicles in a phased manner and posted the matter for hearing on November 21.