NEW DELHI: The Supreme Court is scheduled to hear the PIL next week, seeking directions to all the States and Union Territories to formulate and implement a robust system to ensure that the loading capacity of every passenger bus is mandatorily checked at its initial departure point and en route to its terminal point.
The move will ensure compliance with the Motor Vehicles Act, 1988, and Central Motor Vehicles Rules, 1989.
The petition filed by advocate, Sangam Lal Pandey, said that the passenger buses operated under the aegis of State Transport Departments and private operators routinely engage in overloading by placing goods (e.g., agricultural produce, commercial items) on bus roofs and cramming passengers and cargo beyond the sanctioned seat and weight capacity.
There are several transporters who are running their passenger buses from New Delhi to places all over India, like, R.S. Yadav, Gola Bus Service, PTC-Skybus, BT Travels, Zingbus, Laxmi Holidays, Intrcity Smart Bus, Raj Kalpna Travels PVt. Ltd., Fouji Travels, Mannat Holidays, etc., who are wilfully flouting the norms of the Motor Transport Workers Act, 1961 and loading beyond capacity. It is causing damage to the road and endangering the safety of passengers.
The plea by Pandey, exclusively accessible by TNIE, revealed, "In Uttar Pradesh, 1,337 bus deaths occurred in 2022 (28.9% of national tally) and overloading claims 400-500 lives on a yearly basis, underscoring the urgent need for protective measures to safeguard vulnerable citizens.
The Court in Municipal Corporation of Delhi vs Gurnam Kaur (1989) case directed authorities to take preventive measures against foreseeable harm.
Accidents due to overloading (e.g., 36 deaths in Uttarakhand, 2024) is well-documented, yet the respondents rely on post-accident penalties rather than preemptive checks.
The pervasive overloading of buses, causing thousands of deaths (e.g., 22,442 from 2018-2021), constitutes a systemic failure affecting millions, warranting this Court's intervention," said the plea.
Pandey in his plea also alleged that there was widespread public harm due to State's inaction.
"The absence of loading checks at bus terminals, despite technological feasibility (e.g., weigh-in-motion systems), reflects a failure to protect public safety, necessitating a nationwide directive. The respondents -- all the states and UTs -- fail to curb overloading, despite knowing its deadly consequences, is arbitrary and discriminatory, infringing Article 14 (Guarantee of equality) of the Indian Constitution.
The top court in the case of E.P. Royappa versus State of Tamil Nadu (1974) held that arbitrariness by public authorities violates equality.
While other transport sectors (e.g., trucks) face stricter oversight, passenger buses escape scrutiny, with 828-2,073 deaths annually linked to overloading (2023 estimate).
This selective inaction disproportionately endangers bus passengers, justifying judicial directions for uniform enforcement.
"Overloading increases fuel consumption by 15-20% (IIT Delhi, 2022), leading to higher emissions of CO2 and particulate matter, violating the right to a clean environment under Article 21," said the plea.
The petitioner highlighted that overloaded buses exacerbate air pollution, contributing to severe AQI levels in cities, yet the respondents have failed to implement loading checks, breaching the Air (Prevention and Control of Pollution) Act, 1981, necessitating systemic reform.
Pandey in his petition, also clarified that the SC, in its many directions earlier, had held that the State has a constitutional duty to prevent avoidable deaths, including those caused by unsafe transport conditions.
"Overloading causes hundreds of deaths, monthly-estimated at 72-180 in 2025 (based on MoRTH trends) due to increased accident risks, as seen in the November 2024 Uttarakhand crash (36 deaths). The respondents' failure to enforce loading norms has led to preventable loss of life, necessitating judicial intervention to protect citizens," the plea read.
