Supreme Court issues notice to ban tinted glass in cars and other vehicles

The Supreme Court on Monday issued notices to the Centre asking why the use of tinted glass in cars and other vehicles should not be completely banned. The notice was sent by a bench headed by Justice S H Kapadia.

Petitioner Avishek Goenka who brought up the PIL, through advocate Shiv Sagar Tiwari said most crimes, including sexual assault on women, were committed by offenders who used cars with tinted glasses to evade public gaze and conceal their identity. Such glasses make it virtually impossible for the police as well as public to identify the offender or to notice the crime.

The Delhi HC in 2007 had lifted the ban of usage of tinted glasses. Previously, the traffic police have been clamping the Clause 100 of the Central Motor Vehicles Rule and fined Rs.100 only under Section 177 of the Motor Vehicles Act. Earlier in 2006, a division bench of the Delhi High Court headed by Justice Mukundakam Sharma had directed the Government to amend the Motor Vehicles Act making it more stringent for the offenders who have vehicles with tinted glass or dark films on the windows and had also asked the Delhi Police to frame guidelines to punish the owners of the vehicles having tinted glass or dark films beyond the permissible limits.

Clause 100 of the Central Motor Vehicles Rule says,

Safety glass.—(1) The glass of windscreens and the windows of every motor vehicle [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 [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 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.

 [(3-A) The glass of the front windscreen of a construction equipment vehicle manufactured after 3 years from the date of commencement of the Central Motor Vehicles (Sixth Amendment) Rules, 2000 shall be made of laminated safety glass.] 

(4) Notwithstanding anything contained in this rule if the Central Government is of the opinion that it is necessary and expedient to do so in public interest, it may, by order published in the Official Gazette, exempt  [any motor vehicle including construction equipment vehicle] for use by any person, from the provisions of this rule]

The Central Motor Vehicle Rules, 1989 provides that glasses of windscreen and rear windows of vehicles should have a visual light transmission of 70% and for side windows it should be 50%. Whoever contravened this provision was fined under Section 177 which is the general provision for punishment of offence under the Motor Vehicles Act and the fine extended up to Rs. 100 for the first offence and up to Rs. 300 for subsequent offence.

Rapes and molestations that happen during night will be unfazed by this change and the question as to whether this will be a futile exercise  has to be time tested.