By Niyati Dhiman

In response to public interest litigation following a tragic 2018 school bus accident in Indore that claimed five lives, including four children, the Madhya Pradesh High Court’s Indore Bench has issued extensive interim guidelines to ensure the safety of children traveling in school buses. These measures will remain in effect until the state government amends the Madhya Pradesh Motor Vehicles Rules, 1994.

The court, presided over by Justices Vivek Rusia and Binod Kumar Dwivedi, emphasized the need for proactive measures to avoid similar incidents. The guidelines stipulate that school buses must be painted yellow with clear identification, including contact details on both sides. Other mandatory features include grills on windows, first aid kits, fire extinguishers, space for school bags under seats, and an emergency door. The buses must also be less than 12 years old, operated by experienced drivers with clean records, and equipped with GPS tracking and CCTV systems accessible to parents.

The court also mandated safety attendants trained in first aid and emergency handling. Additionally, only guardians or teachers may accompany students on buses, and strict regulations have been imposed on auto-rickshaws transporting students. Regular vehicle maintenance, compliance with pollution and fitness certifications, and insurance are required. To ensure accountability, schools must appoint a vehicle in-charge to monitor safety norms and route compliance.

These directives followed the court’s observation that Madhya Pradesh lacks specific provisions governing school bus safety in its Motor Vehicles Rules, unlike neighboring Chhattisgarh. While the state government enacted laws regulating private school fees in 2017, it has not addressed transportation safety comprehensively.

The PILs, filed by concerned residents and parents, also sought compensation and prosecution for the 2018 accident. The court, however, stated that compensation claims must be pursued individually under applicable laws and declined to issue general directions for fixed compensatory amounts.

The court directed state authorities, including the Principal Secretary of Education, district collectors, and police superintendents, to ensure the widespread dissemination and strict enforcement of these guidelines across all schools providing transportation services. This landmark judgment reflects the judiciary’s commitment to prioritizing student safety while urging legislative action to establish a robust regulatory framework.

Case Title: Pramod Kumar and Ors. vs. Govt. of India and Ors.

Citation: MANU/MP/4469/2024; 2024:MPHC-IND:34320

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