India Supreme Court's fiat against use of tinted glasses in four wheelers

New Delhi, Apr 28 (PTI) Concerned over rising instances of criminals using black films for windscreens and side glasses of four wheelers, the Supreme Court of India has directed the state authorities to strictly enforce the ban on use of the tint beyond the permissible limit. Manufacturers may produce the vehicles with tinted glasses which provide for 70 per cent Visual Light Transmission (VLT) for safety glasses on windscreen (front and rear) and 40 per cent VLT for side glasses, the apex court said. A three-judge bench of Chief Justice S H Kapadia, A K Patnaik and Swatanter Kumar gave the ruling while partly allowing a public interest litigation filed by one Avisekh Goenka seeking total ban on all forms of tinted glasses used in four wheelers. "No black film or any other material can be pasted on the windscreens and side glasses of a vehicle. "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," Justice Swatanter Kumar writing the judgement said. The apex court said it cannot impose a total ban on use of tinted glass and interpreted rule 94 and 100 of the Motor Vehicle Act which forbids covering of the glass beyond the permissible limit. "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. "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 " the bench said. Further, the apex court granted liberty to the police officers concerned to grant exemption to VVIPs like those enjoying top "Z" and "Z plus" category security. Agreeing with the petitioner's contention, the apex court said maximum crimes are committed in such vehicles and there is a definite rise in the commission of heinous crimes, posing a threat to security of individuals and the State, both. "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," the court said adding that the number of violators of Rule 100 has gone up from 110 in the year 2008 to 1234 in the year 2010, in Delhi alone. The bench said another adverse aspect of the use of black films is that even if they reflect tolerable VLT during the day, it would clearly violate the prescribed VLT limits during the night and would result in poor visibility, which again would be impermissible. "This certainly helps the criminals to escape from the eyes of the police and aids in commission of heinous crimes like sexual assault on women, 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. "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 bench said. The apex court said the petitioner has rightly brought on record the unanimous view of various police authorities right from the states of West Bengal, Tamil Nadu and Delhi to the Ministry of Home Affairs that use of black films on vehicles has jeopardised the security and safety interests of the State and public at large. PTI