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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 265 OF 2011
Avishek Goenka ... Petitioner
Versus
Union of India & Anr. ... Respondents
JUDGMENT
Swatanter Kumar, J.
1. Alarming rise in heinous crimes like kidnapping, s*xual
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 contributory factors to such increase is use of
black films on windows/windshields of four-wheeled vehicles.
The petitioner, as a public spirited person, has invoked the
extra-ordinary jurisdiction of this Court under Article 32 of the
Constitution in the present public interest litigation, praying
for certain directions to stop this menace. According to the
petitioner, this Court should issue a writ or direction requiring
use of such safety glasses on the windows/windshields in
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vehicles having 100 per cent Visual Light Transmission (for
short `VLT') only and, to that extent, the petitioner challenges
the correctness of Rule 100 of the Motor Vehicles Rules, 1989
(for short "the Rules"). He also prays for prohibition on use of
black films on the glasses of the vehicles, proper
implementation of law in that behalf and finally, for taking
stringent actions against the offenders, using vehicles with
black filmed glasses. He also prays that a larger police force
should be deputed to monitor such offences.
2. The use of black films upon the vehicles gives immunity
to the violators in committing a crime and is used as a tool of
criminality, considerably 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 black films pasted on the side windows and on the
screens of the vehicles. It is stated that because of non-
observance 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.
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3. The word `tinted' means shade or hue as per the
dictionary. The rear and front and side glasses of vehicles are
provided with such shade or tint, and therefore, they are
widely referred to as `tinted glasses', which is different from
`black films'. The glasses of the vehicles having a coating of
black films cannot be termed as `tinted glasses' because they
are not manufactured as such.
4. Besides aiding in commission of crimes, black films on
the vehicles are also at times positively correlated with motor
accidents on the roads. It is for the reason that the
comparative visibility 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 because of use of black filmed glasses.
5. The use of black films also prevents the traffic police
from seeing the activity in the car and communicating with the
driver of the vehicle. The petitioner also cites that the number
of fatal accidents of vehicles having black films is much higher
in India than in other parts of the world. The black filmed
vehicles have lower visibility and therefore, the chances of
accident are increased by 18 per cent to 38 per cent due to
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low visibility. He has also referred to the World Health
Organization's data, pertaining to deaths caused on roads,
which, in India have crossed that of China, though the latter
has more vehicles, population and area in comparison to
India. A device called luxometer can measure the level of
opaqueness in windows owing to the application of black films
but this device is a scarce resource and is very scantily
available with the police personnel in India.
6. The Court can take a judicial notice of the fact that even
as per the reports, maximum crimes are committed in such
vehicles and there has been a definite rise in the commission
of heinous crimes, posing a threat to security of individuals
and the State, both.
7. Whatever are the rights of an individual, they are
regulated and controlled by the statutory provisions of the Act
and the Rules framed thereunder. The citizens at large have
a right to life i.e. to live with dignity, freedom and safety. This
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 public interest.
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8. The petitioner claims to have received various replies
from the police department of different States like Tamil Nadu,
West Bengal, Delhi and Ministry of Home Affairs, New Delhi.
On the basis of the replies received under the provisions of the
Right to Information Act, 2005, copies of which have been
annexed to the writ petition, it is averred that these
authorities are of the unanimous opinion that black films
should be banned. Black filmed glasses help in commission of
crime as well as hiding the criminals even during vehicle
checks at `Naka' points. Non-availability of electronic devices
to measure violations and lack of police force to enforce the
Rules are also apparent from these replies. The petitioner also
states that the use of black films is not prevalent in developed
and/or developing countries all over the world. In fact, in
some of the countries, it is specifically banned. In
Afghanistan, Belarus, Nigeria, Uganda and even in Pakistan,
use of black films on the vehicle glasses is banned. Use of
black films is not prevalent in United States of America,
United Kingdom, Germany and other countries as well.
9. In order to examine the merits of the prayers made by
the petitioner in the present application, it will be necessary
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for us to refer to the relevant laws.
10. The Motor Vehicle Act, 1939 was enacted to consolidate
and amend the laws relating to motor vehicles. This Act was
subjected to various amendments. Finally, the Motor Vehicles
Act, 1988 (for short `the Act') was enacted, inter alia, with the
object and reason being, to provide for quality standards for
pollution control devices, provisions for issuing fitness
certificate of the vehicle and effective ways of tracking down
traffic offenders. Section 190 of the Act provides that any
person who drives or causes or allows to be driven in any
public place a motor vehicle or a trailer which has any defect,
or violates the standards prescribed in relation to road safety,
or violates the provisions of the Act or the Rules made therein,
is punishable 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 permissible in law. Section 52 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 by
the manufacturer. However, certain changes are permissible
in terms of the proviso to this Section and that too with the
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approval of the Central Government/competent authority. In
terms of Section 53 of the Act, if any registering authority or
other prescribed authority has reason to believe that any
motor vehicle within its jurisdiction is in such a condition that
its use in a public place would constitute a danger to the
public, or that it fails to comply with the requirements of the
Act or the Rules made thereunder, whether due to alteration
of vehicle violative of Section 52 of the Act or otherwise, the
Authority may, after giving opportunity of hearing, suspend
the registration certificate for the period required 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
Government has framed the Rules. Chapter V of the Rules
deals with construction, equipment and maintenance of motor
vehicles. Rule 92 mandates that no person shall use or cause
or allow to be used in any public place any motor vehicle
which does not comply with the provisions of this Chapter.
There are different Rules which deals with various aspects of
construction and maintenance of vehicles including lights,
brakes, gears and other aspects including overall dimensions
of the vehicles. Rule 100 of the Rules concerns itself with the
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glass of windscreen and VLT of light of such glass windscreen.
It specifically provides for fixation of glasses made of
laminated safety glass conforming to Indian standards
IS:2553-Part 2 1992 and even for the kind of windscreen
wipers required to be fixed on the front screen of the vehicle.
Relevant part of Rule 100, with which we are concerned, reads
as under:-
"100. Safety glass.--(1) The glass of windscreens
and the windows of every motor vehicle 188[other
than agricultural tractors] shall be of safety glass:
Provided that in the case of three-wheelers and
vehicles with hood and side covers, the windows
may be of 189[acrylic or plastic transparent sheet.]
Explanation.--For the purpose of this rule,--
(i) "safety glass" means glass conforming to
the specifications of the Bureau of Indian
Standards or any International
Standards and so manufactured or
treated that if fractured, it does not fly or
break into fragments capable of causing
severe cuts;
(ii) 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
be deemed to face to the front.
[(2) The glass of the windscreen and rear window
of every motor vehicle shall be such and shall be
maintained in such a condition that the visual
transmission of light is not less than 70%. The
glasses used for side windows are such and shall
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be maintained in such condition that the visual
transmission of light is not less than 50%, and
shall conform to Indian Standards [IS: 2553-- Part
2--1992];
(3) The glass of the front windscreen of every
motor vehicle [other than two wheelers and
agricultural tractors] manufactured after three
years from the coming into force of the Central
Motor Vehicles (Amendment) Rules, 1993 shall be
made of laminated safety glass:
Provided that on and from three months after the
commencement of the Central Motor Vehicles
(Amendment) Rules, 1999, the glass of the front
windscreen of every motor vehicle other than two-
wheelers and agricultural tractors shall be made of
laminated safety glass conforming to the Indian
Standards IS: 2553--Part 2--1992.
Explanation.--For the purpose of these sub-rules
"laminated safety glass" shall mean two or more
pieces of glass held together by an intervening
layer or layers of plastic materials. The laminated
safety glass will crack and break under sufficient
impact, but 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 be less jagged than
they would be in the case of an ordinary glass."
11. From the above provisions, it is clear that the Rules deal
with every minute detail of construction and maintenance of a
vehicle. In other words, the standards, sizes and
specifications which the manufacturer of a vehicle is required
to adhere to while manufacturing the vehicle are exhaustively
dealt with under the Rules. What is permitted has been
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specifically provided for and what has not been specifically
stated would obviously be deemed to have been excluded from
these Rules. It would neither be permissible nor possible for
the Court to read into these statutory provisions, what is not
specifically provided for. These are the specifications which
are in consonance with the prescribed IS No. 2553-Part 2 of
1992 and nothing is ambiguous or uncertain. Let us take a
few examples. Rule 104 requires that every motor vehicle,
other than three wheelers and motor cycles shall be fitted with
two red reflectors, one each on both sides at their rear. Every
motor cycle, shall be fitted with at least one red reflector at the
rear. Rule 104A, provides that two white reflex in the front of
the vehicle on each side and visible to on-coming vehicles
from the front at night. Rule 106 deals with deflections of
lights and requires that no lamp showing a light to the front
shall be used on any motor vehicle including construction
equipment vehicle unless such lamp is so constructed, fitted
and maintained that the beam of light emitted therefrom is
permanently deflected downwards to such an extent that it is
not capable of dazzling any person whose eye position is at a
distance of 8 metres from the front of lamp etc. Rules 119
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and 120 specify the kind, size and manner in which the horn
and silencer are to be fixed in a vehicle.
12. These provisions demonstrate the extent of minuteness
in the Rules and the efforts of the framers to ensure, not only
the appropriate manner of construction and maintenance of
vehicle, but also the safety of other users of the road.
13. Rule 100 provides for glass of windscreen and windows
of every motor vehicle. The glass used has to be `safety glass'.
Then it provides for the inner surface angle on the windscreen.
Rule 100 (2) provides that the glass of the windscreen and
rear window of every motor vehicle shall be such and shall be
maintained in such a condition that VLT is not less than 70
per cent and on side windows not less than 50 per cent and
would conform to Indian Standards [IS:2553-Part2-1992].
14. The said IS, under clause 5.1.7, deals with VLT
standards and it provides for the same percentage of VLT
through the safety glass, as referred to in Rule 100(2) itself.
15. Having dealt with the relevant provisions of law, we may
also refer to a statistical fact that the number of violators of
Rule 100 has gone up from 110 in the year 2008 to 1234 in
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the year 2010, in Delhi alone. This itself shows an increasing
trend of offenders in this regard.
16. In face of the language of the Rule, we cannot grant the
petitioner the relief prayed for, that there should be 100 per
cent VLT. This Court cannot issue directions that vehicles
should have glasses with 100 per cent VLT. Rule 100 of the
Rules is a valid piece of legislation and is on the statute book.
Once such provision exists, this Court cannot issue directions
contrary to the provision of law. Thus, we decline to grant
this prayer to the petitioner.
17. However, the prayer relating to issuance of directions
prohibiting use of black films on the glasses of vehicles
certainly has merit. On the plain reading of the Rule, it is
clear that car must have safety glass having VLT at the time of
manufacturing 70 per cent for windscreen and 50 per cent for
side windows. It should be so maintained in that condition
thereafter. In other words, the Rule not impliedly, but
specifically, prohibits alteration of such VLT by any means
subsequent to its manufacturing. How and what will be a
"safety glass" has been explained in Explanation to Rule 100.
The Explanation while defining `laminated safety glass' makes
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it clear that two or more pieces of glass held together by an
intervening layers of plastic materials so that the glass is held
together in the event of impact. The Rule 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 VLT.
The Rule and the IS only specify the VLT of the glass itself.
18. Two scenarios must be examined. First, if the glass so
manufactured already has the VLT as specified, then the
question of further reducing it by any means shall be in clear
violation of Rule 100 as well as the prescribed IS. Secondly,
the rule requires a manufacturer to manufacture the vehicles
with safety glasses with prescribed VLT. It is the minimum
percentage that has been specified. The manufacturer may
manufacture vehicle with a higher VLT to the prescribed limit
or even a vehicle with tinted glasses, if such glasses do not fall
short of the minimum prescribed VLT in terms of Rule 100.
None can be permitted to create his own device to bring down
the percentage of the VLT thereafter. Thus, on the plain
reading of the Rule and the IS standards, use of black films of
any density is impermissible. Another adverse aspect of use
of black films is that even if they reflect tolerable VLT in the
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day time, still in the night it would clearly violate the
prescribed VLT limits and would result in poor visibility,
which again would be impermissible.
19. The legislative intent attaching due significance to the
`public safety' is evident from the object and reasons of the
Act, the provisions of the Act and more particularly, the Rules
framed thereunder. Even if we assume, for the sake of
argument, that Rule 100 is capable of any interpretation, then
this Court should give it an interpretation which would serve
the legislative intent and the object of framing such rules, in
preference to one which would frustrate the very purpose of
enacting the Rules as well as undermining the public safety
and interest. Use of these black films have been proved to be
criminal's paradise and a social evil. The petitioner has
rightly brought on record the unanimous view of various
police authorities right from the States of Calcutta, Tamil
Nadu and Delhi to the Ministry of Home Affairs that use of
black films on vehicles has jeopardized the security and safety
interests of the State and public at large. This certainly helps
the criminals to escape from the eyes of the police and aids in
commission of heinous crimes like s*xual assault on women,
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robberies, kidnapping, etc. If these crimes can be reduced by
enforcing the prohibition of law, it would further the cause of
Rule of Law and Public Interest as well.
20. This Court in the case of Hira Tikoo v. Union Territory of
Chandigarh [(2004) 6 SCC 765], 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 be contravening other
statutory provisions and the allotted area was situated under
the reserved forest land and land in periphery of 900 meters of
Air Force Base. The Court held that there was no vested right
and public welfare should prevail as the highest law. Thus,
this Court, while relying upon the maxim "salus populi est
suprema lex", modified the order of the High Court holding
that the allottees had no vested right and the land forming
part of the forest area could not be taken away for other
purposes. Reference can also be made to the judgment of this
Court in Friends Colony Development Committee v. State of
Orissa [AIR 2005 SC 1], where this Court, while referring to
construction activity violative of the regulations and control
orders, held that the regulations made under Orissa
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Development Authorities Act, 1982 may meddle with private
rights but still they cannot be termed arbitrary or
unreasonable. The private interest would stand subordinate
to public 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 public interest. It is the
duty of all citizens to comply with the law. The Rules are
mandatory and nobody has the authority in law to mould
these rules for the purposes of convenience or luxury and
certainly not for crime. We may also note that a Bench of this
Court, vide its Order dated 15 th December, 1998 in Civil
Appeal No. 3700 of 1999 titled Chandigarh Administration and
Others v. Namit Kumar & Ors., had permitted the use of `light
coloured tinted glasses' only while specifically disapproving
use of films on the vehicles. Subsequently, in the same case,
but on a different date, another Bench of this Court vide its
order reported at [(2004) 8 SCC 446] made a direction that
mandate of sub-Rule (2) of Rule 100 shall be kept in mind
while dealing with such cases.
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22. Rightly so, none of the orders of this Court have
permitted use of black films. Rule 100(2) specifies the VLT
percentage of the glasses at the time of manufacture and to be
so maintained even thereafter. In Europe, Regulation No. 43
of the Economic Commission for Europe of the United Nations
(UN/ECE) and in Britain, the Road Vehicles (Construction and
Use) Regulations, 1986, respectively, refer to the International
Standard ISO 3538 on this issue, providing for VLT
percentage of 70 and 75 per cent respectively.
23. In light of the above discussion, we have no hesitation in
holding that use of black films or any other material upon
safety glass, windscreen and side windows is impermissible.
In terms of Rule 100(2), 70 per cent and 50 per cent VLT
standard are relatable to the manufacture of the safety glasses
for the windshields (front and rear) and the side windows
respectively. Use of films or any other material upon the
windscreen or the side windows is impermissible in law. It is
the VLT of the safety glass without any additional material
being pasted upon the safety glasses which must conform
with manufacture specifications.
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24. Another issue that has been raised in the present Writ
Petition is that certain VIPs/VVIPs are using black films on
their vehicles for security reasons. Even this practice is not
supported by law, as no notification by the competent
authority has been brought to our notice, giving exemption to
such vehicles from the operation of Rule 100 or any of its
provisions. Be that as it may, we do not wish to enter upon
the arena of the security and safety measures when the police
department and Home Ministry consider such exemption
appropriate. The cases of the persons who have been
provided with Z and Z+ security category may be considered
by a Committee consisting of the Director General of
Police/Commissioner of Police of the concerned State and the
Home Secretary of that State/Centre. It will be for that
Committee to examine such cases for grant of exemption in
accordance with law and upon due application of mind.
These certificates should be provided only in relation to official
cars of VIPs/VVIPs, depending upon the category of security
that such person has been awarded by the competent
authority. The appropriate government is free to make any
regulations that it may consider appropriate in this regard.
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25. The competent officer of the traffic police or any other
authorized person shall challan such vehicles for violating
Rules 92 and 100 of the Rules with effect from the specified
date and thereupon shall also remove the black films from the
offending vehicles.
26. The manufacturer of the vehicle may manufacture the
vehicles with tinted glasses which have Visual Light
Transmission (VLT) of safety glasses windscreen (front and
rear) as 70 per cent VLT and side glasses as 40 per cent VLT,
respectively. No black film or any other material can be
pasted on the windscreens and side glasses of a vehicle.
27. For the reasons afore-stated, we prohibit the use of black
films of any VLT percentage or any other material upon the
safety glasses, windscreens (front and rear) and side glasses of
all vehicles throughout the country. The Home Secretary,
Director General/Commissioner of Police of the respective
States/Centre shall ensure compliance with this direction.
The directions contained in this judgment shall become
operative and enforceable with effect from 4 th May, 2012.
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28. With the above directions, we partially allow this writ
petition and prohibit use of black films of any percentage VLT
upon the safety glasses, windscreens (front and rear) and side
glasses. However, there shall be no order as to costs.
......................................CJI.
(S.H. Kapadia)
.........................................J.
(A.K. Patnaik)
.........................................J.
(Swatanter Kumar)
New Delhi
April 27, 2012
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ITEM No.1A COURT NO.1 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (C) No.265 of 2011
Avishek Goenka Appellant(s)
VERSUS
Union of India and Anr. Respondent(s)
Date : 27/04/2012 This Petition was called on for judgement today.
For Petitioner (s) In-person (N/P)
For Respondent (s) Mr. Gaurab Banerji,ASG.
Mr. T.A. Khan,Adv.
Mr. Vikas Garg,Adv.
Mr. B.K. Prasad,Adv.
Hon'ble Mr. Justice Swatanter Kumar pronounced
the judgement of the Bench comprising Hon'ble the
Chief Justice, Hon'ble Mr. Justice A.K. Patnaik and
His Lordship.
The writ petition is partially allowed with
directions and prohibit use of black films of any
percentage VLT upon the safety glasses,
windscreeens (front and rear) and side glasses.
However, there shall be no order as to costs.
[ Alka Dudeja ] [ Madhu Saxena ]
A.R.-cum-P.S. Assistant Registrar
[Signed reportable judgement is placed on the file]
