SHASHI BHUSHAN SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MOVED by the plight of a mother traveling in a bus, having 2-1/2 years old baby in the lap and another child aged 8 years standing in the passage, the petitioner has approached this Court in public interest with a prayer that the children of the age between 3 to 12 years, who are issued half ticket by the passenger carrier bus, be provided full seat. The petitioner has impleaded three State Governments through their Secretaries (Transport) as respondents and has urged that the notice, displayed in writing in each bus, stating that half ticketed passenger is not entitled to seat, amounts to cruelty to the children, especially when seats are reserved for Members of Parliament, Members of Legislative Assembly, ladies and physically handicapped persons.

(2.) THE petitioner has pleaded that this Court should come to the rescue of a child, who is entitled to love and affection because of tender age and is made to stand in a bus.

(3.) IN the counter-affidavit filed to the writ petition, the Director, State Transport, Punjab Chandigarh submitted that in year 2002, instructions were issued to all the General Managers of Punjab Roadways to provide a seat to the children of the age between 3 to 12 years. A copy of the instructions is attached with the counter-affidavit as Annexure R-1. It is further pleaded that again these instructions, in year 2008, were renewed as a reminder calling upon all the officials of the Punjab Roadways that those children falling within the age of 3 to 12 years, who have purchased half ticket, be provided full seat. Another counter-affidavit was filed by the Secretary, Regional Transport Authority, Jalandhar, wherein it was stated that a notice was got published in Motor Transport Gazette (weekly), Chandigarh and Transport Times, Mohali, wherein it was specifically stated that full seat is to be provided to those children, who travel in bus and obtain half ticket.