The court said that nation-building is a constitutional mandate for the state and its apparatus and is also constitutional, solemn and pious responsibility of every citizen. It said, "If a healthy adult finds it difficult to board, travel and deboard through public buses, then what will be the situation in regards to disabled persons, women, children and senior citizens." The court called overcrowding a recipe for disaster and highlighted the issue of accessibility and safety. Hence, it creates barrier to access to public buses especially to disabled persons, women (including pregnant women), children and senior citizens, it added. It can besides the discomfort to passengers, impact the roadworthiness of vehicle concerned and can be the cause of road traffic accidents as it makes the vehicle difficult to control/drive and breaking system is adversely affected, the court observed.Ĭrowded spaces on board of vehicle/public passenger bus can create feelings of anxiety, unsafety and insecurity. Overcrowding has associated hazards with it.
Public transportation including passenger buses inter-alia must be safe, comfortable and accessible."ĭespite the law, overcrowding is quite ubiquitous in public transportation including publicpassenger buses.
While expressing its concern the court said, "This court is pained to note the issue of over-crowding in public transportation including public passenger buses.
The court said that the prosecution has failed to bring on record any cogent evidence in order to prove the commission of and guilt of the accused for an offence under sections 352/506 IPC beyond a reasonable doubt, thus, entitling the accused to benefit of the doubt and acquittal. While acquitting one Mohd Ayub of the charges of using criminal physical force in the victim, raised the issue of overcrowding.
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