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.
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.
He also prays that a larger police force should be deputed to monitor such offences.
He has also referred to the World Health Organizations 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 companyparison to India.
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 use of black films also prevents the traffic police from seeing the activity in the car and companymunicating with the driver of the vehicle.
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.
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.
Every motor cycle, shall be fitted with at least one red reflector at the rear.
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 vehicles having 100 per cent Visual Light Transmission for short VLT only and, to that extent, the petitioner challenges the companyrectness of Rule 100 of the Motor Vehicles Rules, 1989 for short the Rules .
One of the companytributory factors to such increase is use of black films on windows windshields of four wheeled vehicles.
At times, heinous crimes like dacoity, rape, murder and even terrorist acts are companymitted in or with the aid of vehicles having black films pasted on the side windows and on the screens of the vehicles.
The use of black films upon the vehicles gives immunity to the violators in companymitting a crime and is used as a tool of criminality, companysiderably increasing criminal activities.
It is for the reason that the companyparative visibility to that through numbermal 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.
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.
The glasses of the vehicles having a companyting of black films cannot be termed as tinted glasses because they are number manufactured as such.
Besides aiding in companymission of crimes, black films on the vehicles are also at times positively companyrelated with motor accidents on the roads.
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 low visibility.
Swatanter Kumar, J. 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 companytours of Article 21 of the Constitution of India.
