The Kerala High Court on Monday, August 7, observed that until concessions for students are in effect, owners and employees of a bus cannot discriminate against students who are boarding the vehicle and paying reduced fares. With regards to this, the court noted that at almost every bus stand and stop, the bus staff do not allow students to board, preferring other passengers instead. This usually leads to a law and order situation in many places, said the court, as stated in a report by The New Indian Express.
Observing that students and other passengers are on equal footing in buses, Justice PV Kunhikrishnan asked the state police chief to direct officers to avert any law and order problems on account of the rift between students and bus staff over concession fare. Additionally, the court issued the order while quashing the cases registered against three private bus conductors from Kothamangalam. It said that the student concession rate, it seemed, had not been increased even after several decades.
“The value of 50 paise and Rs 1 has changed a lot over the years. But whether or not student concession should be enhanced is a government policy matter, for which the court cannot issue a direction. However, student organisations and the government should look at changed realities. Bus owners have to take up the demand with the government and the transport department,” the court said.
The cases were registered against conductors under Section 190 (2) (violation of the standards prescribed about road safety, control of noise and air pollution) and Section 196 (Driving uninsured vehicle) of the Motor Vehicles Act (MVA), for not allowing students to board buses.
Further, the court said prima facie a bus conductor will not come under the purview of the said sections. It said the chargesheet does not show that conductors gave any inducement to the drivers to drive the buses without allowing students to board from the stand.
The court said the allegation against the petitioners was that they, being the conductors, did not allow students to board the bus. This, it said, will not attract the offence under Section 190(2) of the MVA, as stated in a report by The New Indian Express.
