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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 265 OF 2011 Avi !"# G$"%#& V") * U%i$% $+ I%,i& - A%). ' R" .$%,"%( ' P"(i(i$%")

JUDGMENT S/&(&%(") 0*1&)2 J. 1. Alarming rise in heinous crimes like kidnapping, sexual

assault on women and dacoity have impinged upon the right to life and the right to live in a safe environment which are within the contours of Article 21 of the Constitution of India. One of the contri utory factors to such increase is use of lack films on windows!windshields of four"wheeled vehicles. #he petitioner, as a pu lic spirited person, has invoked the extra" ordinary $urisdiction of this Court under Article %2 of the Constitution in the present pu lic interest litigation, praying for certain directions to stop this menace. According to the

petitioner, this Court should issue a writ or direction re&uiring use of such safety glasses on the windows!windshields in vehicles having 1'' per cent (isual )ight #ransmission *for

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short +()#,- only and, to that extent, the petitioner challenges the correctness of .ule 1'' of the /otor (ehicles .ules, 1010 *for short 2the .ules3-. 4e also prays for prohi ition on use of lack films on the glasses of the vehicles, proper

implementation of law in that

ehalf and finally, for taking

stringent actions against the offenders, using vehicles with lack filmed glasses. 4e also prays that a larger police force should e deputed to monitor such offences. 2. #he use of lack films upon the vehicles gives immunity

to the violators in committing a crime and is used as a tool of criminality, considera ly increasing criminal activities. At

times, heinous crimes like dacoity, rape, murder and even terrorist acts are committed in or with the aid of vehicles having lack films pasted on the side windows and on the It is stated that ecause of non"

screens of the vehicles.

o servance of the norms, regulations and guidelines relating to the specifications for the front and rear windscreens and the side windows of the vehicles, the offenders can move undetected in such vehicles and commit crimes without hesitation. %. #he word +tinted, means shade or hue as per the

dictionary. #he rear and front and side glasses of vehicles are

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provided with such shade or tint, and therefore, they are widely referred to as +tinted glasses,, which is different from + lack films,. #he glasses of the vehicles having a coating of lack films cannot e termed as +tinted glasses, ecause they

are not manufactured as such. 5. 6esides aiding in commission of crimes, lack films on

the vehicles are also at times positively correlated with motor accidents on the roads. It is for the reason that the

comparative visi ility to that through normal!tinted glasses which are manufactured as such is much lesser and the persons driving at high speed, especially on highways, meet with accidents ecause of use of lack filmed glasses. 7. #he use of lack films also prevents the traffic police from

seeing the activity in the car and communicating with the driver of the vehicle. #he petitioner also cites that the num er of fatal accidents of vehicles having lack films is much higher in India than in other parts of the world. #he lack filmed

vehicles have lower visi ility and therefore, the chances of accident are increased y 11 per cent to %1 per cent due to low visi ility. 4e has also referred to the 8orld 4ealth

Organi9ation,s data, pertaining to deaths caused on roads, which, in India have crossed that of China, though the latter

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has more vehicles, population and area in comparison to India. A device called luxometer can measure the level of

opa&ueness in windows owing to the application of lack films ut this device is a scarce resource and is very scantily availa le with the police personnel in India. :. #he Court can take a $udicial notice of the fact that even

as per the reports, maximum crimes are committed in such vehicles and there has een a definite rise in the commission

of heinous crimes, posing a threat to security of individuals and the ;tate, oth. <. 8hatever are the rights of an individual, they are

regulated and controlled y the statutory provisions of the Act and the .ules framed thereunder. #he citi9ens at large have

a right to life i.e. to live with dignity, freedom and safety. #his right emerges from Article 21 of the Constitution of India. As opposed to this constitutional mandate, a trivial individual protection or inconvenience, if any, must yield in favour of the larger pu lic interest.

1.

#he petitioner claims to have received various replies

from the police department of different ;tates like #amil =adu, 8est 6engal, >elhi and /inistry of 4ome Affairs, =ew >elhi.

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On the asis of the replies received under the provisions of the .ight to Information Act, 2''7, copies of which have een

annexed to the writ petition, it is averred that these authorities are of the unanimous opinion that lack films should e

anned. 6lack filmed glasses help in commission of crime as well as hiding the criminals even during vehicle checks at +=aka, points. =on"availa ility of electronic devices to measure violations and lack of police force to enforce the .ules are also apparent from these replies. the use of #he petitioner also states that

lack films is not prevalent in developed and!or

developing countries all over the world. In fact, in some of the countries, it is specifically anned. In Afghanistan, 6elarus, lack films on

=igeria, ?ganda and even in @akistan, use of the vehicle glasses is anned. ?se of

lack films is not

prevalent in ?nited ;tates of America, ?nited Aingdom, Bermany and other countries as well. 0. In order to examine the merits of the prayers made y the

petitioner in the present application, it will e necessary for us to refer to the relevant laws. 1'. #he /otor (ehicle Act, 10%0 was enacted to consolidate

and amend the laws relating to motor vehicles. #his Act was su $ected to various amendments. Cinally, the /otor (ehicles

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Act, 1011 *for short +the Act,- was enacted, inter alia, with the o $ect and reason pollution control eing, to provide for &uality standards for devices, provisions for issuing fitness

certificate of the vehicle and effective ways of tracking down traffic offenders. ;ection 10' of the Act provides that any e driven in any

person who drives or causes or allows to

pu lic place a motor vehicle or a trailer which has any defect, or violates the standards prescri ed in relation to road safety, or violates the provisions of the Act or the .ules made therein, is punisha le as per the provisions of the Act. In other words, alteration to the conditions of the vehicle in a manner contravening the Act is not permissi le in law. ;ection 72 of

the Act declares that no owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified y

the manufacturer. 4owever, certain changes are permissi le in terms of the proviso to this ;ection and that too with the approval of the Central Bovernment!competent authority. In

terms of ;ection 7% of the Act, if any registering authority or other prescri ed authority has reason to elieve that any

motor vehicle within its $urisdiction is in such a condition that its use in a pu lic place would constitute a danger to the pu lic, or that it fails to comply with the re&uirements of the

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Act or the .ules made thereunder, whether due to alteration of vehicle violative of ;ection 72 of the Act or otherwise, the Authority may, after giving opportunity of hearing, suspend the registration certificate for the period re&uired for

rectification of such defect, and if the defect is still not removed, for cancellation of registration. In exercise of its

power, under various provisions of the Act, the Central Bovernment has framed the .ules. Chapter ( of the .ules

deals with construction, e&uipment and maintenance of motor vehicles. .ule 02 mandates that no person shall use or cause or allow to e used in any pu lic place any motor vehicle

which does not comply with the provisions of this Chapter. #here are different .ules which deals with various aspects of construction and maintenance of vehicles including lights, rakes, gears and other aspects including overall dimensions of the vehicles. .ule 1'' of the .ules concerns itself with the glass of windscreen and ()# of light of such glass windscreen. It specifically provides for fixation of glasses made of laminated safety glass conforming to Indian standards I;D277%"@art 2 E 1002 and even for the kind of windscreen wipers re&uired to e fixed on the front screen of the vehicle. .elevant part of

.ule 1'', with which we are concerned, reads as underD"

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2100. S&+"(3 45& .F*1- #he glass of windscreens and the windows of every motor vehicle 111Gother than agricultural tractorsH shall e of safety glassD @rovided that in the case of three"wheelers and vehicles with hood and side covers, the windows may e of 110Gacrylic or plastic transparent sheet.H Explanation.FCor the purpose of this rule,F *iIsafety glassI means glass conforming to the specifications of the 6ureau of Indian ;tandards or any International ;tandards and so manufactured or treated that if fractured, it does not fly or reak into fragments capa le of causing severe cutsJ any windscreen or window at the front of the vehicle, the inner surface of which is at an angle more than thirty degrees to the longitudinal axis of the vehicle shall e deemed to face to the front.

*ii-

G*2- #he glass of the windscreen and rear window of every motor vehicle shall e such and shall e maintained in such a condition that the visual transmission of light is not less than <'K. #he glasses used for side windows are such and shall e maintained in such condition that the visual transmission of light is not less than 7'K, and shall conform to Indian ;tandards GI;D 277%F @art 2F1002HJ *%- #he glass of the front windscreen of every motor vehicle Gother than two wheelers and agricultural tractorsH manufactured after three years from the coming into force of the Central /otor (ehicles *Amendment- .ules, 100% shall e made of laminated safety glassD @rovided that on and from three months after the commencement of the Central /otor (ehicles *Amendment- .ules, 1000, the glass of the front windscreen of every motor vehicle other than two"

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wheelers and agricultural tractors shall e made of laminated safety glass conforming to the Indian ;tandards I;D 277%F@art 2F1002. Explanation.FCor the purpose of these su "rules Ilaminated safety glassI shall mean two or more pieces of glass held together y an intervening layer or layers of plastic materials. #he laminated safety glass will crack and reak under sufficient impact, ut the pieces of the glass tend to adhere to the plastic material and do not fly, and if a hole is produced, the edges would e less $agged than they would e in the case of an ordinary glass.3 11. Crom the a ove provisions, it is clear that the .ules deal

with every minute detail of construction and maintenance of a vehicle. In other words, the standards, si9es and

specifications which the manufacturer of a vehicle is re&uired to adhere to while manufacturing the vehicle are exhaustively dealt with under the .ules. 8hat is permitted has een

specifically provided for and what has not

een specifically

stated would o viously e deemed to have een excluded from these .ules. It would neither e permissi le nor possi le for

the Court to read into these statutory provisions, what is not specifically provided for. #hese are the specifications which

are in consonance with the prescri ed I; =o. 277%"@art 2 of 1002 and nothing is am iguous or uncertain. few examples. )et us take a

.ule 1'5 re&uires that every motor vehicle,

other than three wheelers and motor cycles shall e fitted with

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two red reflectors, one each on oth sides at their rear. Lvery motor cycle, shall e fitted with at least one red reflector at the rear. .ule 1'5A, provides that two white reflex in the front of the vehicle on each side and visi le to on"coming vehicles from the front at night. .ule 1': deals with deflections of lights

and re&uires that no lamp showing a light to the front shall e used on any motor vehicle including construction e&uipment vehicle unless such lamp is so constructed, fitted and maintained that the eam of light emitted therefrom is

permanently deflected downwards to such an extent that it is not capa le of da99ling any person whose eye position is at a distance of 1 metres from the front of lamp etc. .ules 110

and 12' specify the kind, si9e and manner in which the horn and silencer are to e fixed in a vehicle. 12. #hese provisions demonstrate the extent of minuteness

in the .ules and the efforts of the framers to ensure, not only the appropriate manner of construction and maintenance of vehicle, ut also the safety of other users of the road. 1%. .ule 1'' provides for glass of windscreen and windows of e +safety glass,.

every motor vehicle. #he glass used has to

#hen it provides for the inner surface angle on the windscreen. .ule 1'' *2- provides that the glass of the windscreen and rear

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window of every motor vehicle shall

e such and shall

maintained in such a condition that ()# is not less than <' per cent and on side windows not less than 7' per cent and would conform to Indian ;tandards GI;D277%"@art2"1002H. 15. #he said I;, under clause 7.1.<, deals with ()#

standards and it provides for the same percentage of ()# through the safety glass, as referred to in .ule 1''*2- itself. 17. 4aving dealt with the relevant provisions of law, we may

also refer to a statistical fact that the num er of violators of .ule 1'' has gone up from 11' in the year 2''1 to 12%5 in the year 2'1', in >elhi alone. #his itself shows an increasing trend of offenders in this regard. 1:. In face of the language of the .ule, we cannot grant the e 1'' per

petitioner the relief prayed for, that there should cent ()#.

#his Court cannot issue directions that vehicles

should have glasses with 1'' per cent ()#. .ule 1'' of the .ules is a valid piece of legislation and is on the statute ook. Once such provision exists, this Court cannot issue directions contrary to the provision of law. this prayer to the petitioner. #hus, we decline to grant

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1<.

4owever, the prayer relating to issuance of directions lack films on the glasses of vehicles On the plain reading of the .ule, it is

prohi iting use of certainly has merit.

clear that car must have safety glass having ()# at the time of manufacturing <' per cent for windscreen and 7' per cent for side windows. It should thereafter. e so maintained in that condition ut

In other words, the .ule not impliedly,

specifically, prohi its alteration of such ()# su se&uent to its manufacturing. 2safety glass3 has

y any means e a

4ow and what will

een explained in Lxplanation to .ule 1''.

#he Lxplanation while defining +laminated safety glass, makes it clear that two or more pieces of glass held together y an

intervening layers of plastic materials so that the glass is held together in the event of impact. #he .ule and the explanation do not contemplate or give any leeway to the manufacturer or user of the vehicle to, in any manner, tamper with the ()#. #he .ule and the I; only specify the ()# of the glass itself. 11. #wo scenarios must e examined. Cirst, if the glass so

manufactured already has the ()# as specified, then the &uestion of further reducing it y any means shall e in clear

violation of .ule 1'' as well as the prescri ed I;. ;econdly, the rule re&uires a manufacturer to manufacture the vehicles

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with safety glasses with prescri ed ()#. It is the minimum percentage that has een specified. #he manufacturer may

manufacture vehicle with a higher ()# to the prescri ed limit or even a vehicle with tinted glasses, if such glasses do not fall short of the minimum prescri ed ()# in terms of .ule 1''. =one can e permitted to create his own device to ring down #hus, on the plain

the percentage of the ()# thereafter.

reading of the .ule and the I; standards, use of lack films of any density is impermissi le. Another adverse aspect of use of lack films is that even if they reflect tolera le ()# in the day time, still in the night it would clearly violate the prescri ed ()# limits and would result in poor visi ility, which again would e impermissi le. 10. #he legislative intent attaching due significance to the

+pu lic safety, is evident from the o $ect and reasons of the Act, the provisions of the Act and more particularly, the .ules framed thereunder. Lven if we assume, for the sake of

argument, that .ule 1'' is capa le of any interpretation, then this Court should give it an interpretation which would serve the legislative intent and the o $ect of framing such rules, in preference to one which would frustrate the very purpose of enacting the .ules as well as undermining the pu lic safety

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and interest. ?se of these

lack films have

een proved to

criminal,s paradise and a social evil.

#he petitioner has

rightly rought on record the unanimous view of various police authorities right from the ;tates of Calcutta, #amil =adu and >elhi to the /inistry of 4ome Affairs that use of lack films on vehicles has $eopardi9ed the security and safety interests of the ;tate and pu lic at large. #his certainly helps the

criminals to escape from the eyes of the police and aids in commission of heinous crimes like sexual assault on women, ro eries, kidnapping, etc. If these crimes can e reduced y

enforcing the prohi ition of law, it would further the cause of .ule of )aw and @u lic Interest as well. 2'. #his Court in the case of Hira Tikoo v. Union Territory of

Chandigarh G*2''5- : ;CC <:7H, while dealing with the provisions of town planning and the land allotted to the allottees, upon which the allotees had made full payment, held that such allotment was found to e contravening other

statutory provisions and the allotted area was situated under the reserved forest land and land in periphery of 0'' meters of Air Corce 6ase. #he Court held that there was no vested right and pu lic welfare should prevail as the highest law. #hus,

this Court, while relying upon the maxim 2salus populi est

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suprema lex3, modified the order of the 4igh Court holding that the allottees had no vested right and the land forming part of the forest area could not e taken away for other

purposes. .eference can also e made to the $udgment of this Court in Friends Colony Development Committee v. State of rissa GAI. 2''7 ;C 1H, where this Court, while referring to construction activity violative of the regulations and control orders, held that the regulations made under Orissa

>evelopment Authorities Act, 1012 may meddle with private rights ut still they cannot e termed ar itrary or

unreasona le. #he private interest would stand su ordinate to pu lic good. 21. In the present case as well, even if some individual

interests are likely to suffer, such individual or private interests must give in to the larger pu lic interest. It is the duty of all citi9ens to comply with the law. #he .ules are

mandatory and no ody has the authority in law to mould these rules for the purposes of convenience or luxury and certainly not for crime. 8e may also note that a 6ench of this Court, vide its Order dated 17th >ecem er, 1001 in Civil Appeal =o. %<'' of 1000 titled Chandigarh !dministration and thers v. "amit #umar $ rs., had permitted the use of +light

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coloured tinted glasses, only while specifically disapproving use of films on the vehicles. ;u se&uently, in the same case, ut on a different date, another 6ench of this Court vide its order reported at G*2''5- 1 ;CC 55:H made a direction that mandate of su ".ule *2- of .ule 1'' shall while dealing with such cases. 22. .ightly so, none of the orders of this Court have lack films. .ule 1''*2- specifies the ()# e kept in mind

permitted use of

percentage of the glasses at the time of manufacture and to e so maintained even thereafter. In Lurope, .egulation =o. 5% of the Lconomic Commission for Lurope of the ?nited =ations *?=!LCL- and in 6ritain, the .oad (ehicles *Construction and ?se- .egulations, 101:, respectively, refer to the International ;tandard I;O %7%1 on this issue, providing for ()# percentage of <' and <7 per cent respectively. 2%. In light of the a ove discussion, we have no hesitation in lack films or any other material upon

holding that use of

safety glass, windscreen and side windows is impermissi le. In terms of .ule 1''*2-, <' per cent and 7' per cent ()# standard are relata le to the manufacture of the safety glasses for the windshields *front and rear- and the side windows respectively. ?se of films or any other material upon the

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windscreen or the side windows is impermissi le in law.

It is

the ()# of the safety glass without any additional material eing pasted upon the safety glasses which must conform with manufacture specifications. 25. Another issue that has een raised in the present 8rit lack films on

@etition is that certain (I@s!((I@s are using their vehicles for security reasons. supported

Lven this practice is not y the competent

y law, as no notification een

authority has

rought to our notice, giving exemption to

such vehicles from the operation of .ule 1'' or any of its provisions. 6e that as it may, we do not wish to enter upon

the arena of the security and safety measures when the police department and 4ome /inistry consider such exemption appropriate. #he cases of the persons who have een

provided with M and MN security category may

e considered

y a Committee consisting of the >irector Beneral of @olice!Commissioner of @olice of the concerned ;tate and the 4ome ;ecretary of that ;tate!Centre. It will e for that

Committee to examine such cases for grant of exemption in accordance with law and upon due application of mind. #hese certificates should e provided only in relation to official cars of (I@s!((I@s, depending upon the category of security

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that such person has authority.

een awarded

y the competent

#he appropriate government is free to make any

regulations that it may consider appropriate in this regard. 27. #he competent officer of the traffic police or any other

authori9ed person shall challan such vehicles for violating .ules 02 and 1'' of the .ules with effect from the specified date and thereupon shall also remove the lack films from the offending vehicles. 2:. #he manufacturer of the vehicle may manufacture the with tinted glasses which have (isual )ight

vehicles

#ransmission *()#- of safety glasses windscreen *front and rear- as <' per cent ()# and side glasses as 5' per cent ()#, respectively. =o lack film or any other material can e

pasted on the windscreens and side glasses of a vehicle. 2<. Cor the reasons afore"stated, we prohi it the use of lack

films of any ()# percentage or any other material upon the safety glasses, windscreens *front and rear- and side glasses of all vehicles throughout the country. #he 4ome ;ecretary, >irector Beneral!Commissioner of @olice of the respective ;tates!Centre shall ensure compliance with this direction. #he directions contained in this $udgment shall ecome

operative and enforcea le with effect from 5th /ay, 2'12.

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21.

8ith the a ove directions, we partially allow this writ lack films of any percentage ()#

petition and prohi it use of

upon the safety glasses, windscreens *front and rear- and side glasses. 4owever, there shall e no order as to costs.

O.OOOO......................CPI. *;.4. Aapadia-

OO.OOOO......................P. *A.A. @atnaik-

...O.OOOO......................P. *;watanter Aumar=ew >elhi April 2<, 2'12

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