MOST RESPECTFULLY SHOWETH 1. The present
Contents
1. a filmed windshield or rear window can reduce visibility severely especially at night Slight tinting of the upper front windshield and rear window especially along the glass borders may help reduce both glare and vehicular temperature But excessive tinting is undesirable because it can interfere with visual acuity and create excessive dimness on cloudy days This goes for dusty days too That while the eguivalent loss of headlight power is 30 percent the loss of effectiveness in seeing red brake or stop lights is 60 percent as red light is transmitted through a tinted windshield with greater difficulty as compared to through an un tinted windshield That one can readily inspect a windshield for these features by standing in front of it and then visualising objects in or behind the car No distortions or other irregularities should be seen The article can be viewed by visiting the following link http www delhitrafficpolice nic in articles the tinted tale htm 18 Modification Petition Page no 20 Point no 13 the applicant submits that no statistics has been provided pertaining to casualty reported in 01 vehicles with black films 02 vehicles without black films in day time 03 vehicles without black film in night But the applicant s have not clarified considered the following 01 What is the source of availability of such irrational data as desired by applicants 02 It seems that they want to2. 2011 India shows up poorly in institutions ranking 71 in diversion of public funds 88 in the public s trust of politicians 83 in irregular payments and bribes 72 in favouritism in decisions of government officials 57 in wastefulness of government spending 95 in burden of government regulation 127 in business costs of terrorism 67 in business costs of crime and violence 73 in organized crime 68 in reliability of public services 70 in ethical behavior of firms and 76 in efficacy of corporate boards b As per Harvard School of Public Health India has just 01 operation theatre per 01 lac people Further the surgical facilities available do not have basic equipment such as oxygen monitors necessary for safe surgery c As per National Sample Survey Office India has 49 thousands slums of which more than 12 thousands are located along nullahs and drains d As per Ac Nielsen only 12 of India s 35 crores menstruating women use sanitary napkins and other 88 who cannot afford the cost of the same use unsanitized cloth ashes and husk sand e As per International Multi Dimensional Poverty Index 64 5 crores 55 of India s population is poor f As per UNDP 08 Indian states account for more poor people than 26 poorest African nations taken together g As per Economist Intelligence Unit care of people approaching death is worst in India h As per UN India
3. 60 percent as red light is transmitted through a tinted windshield with greater difficulty as compared to through an un tinted windshield That one can readily inspect a windshield for these features by standing in front of it and then visualising objects in or behind the car No distortions or other irregularities should be seen The article can be viewed by visiting the following link http www delhitrafficpolice nic in articles the tinted tale htm The fact that china even though has lesser no of vehicles than India but still has lower accident rate can be verified by visiting the following link http www medindia net news india surpasses china in fatal road accidents report 42830 1 htm It is noteworthy that in the Chinese capital of Beijing prohibits cars with specified last digits of their registration numbers from coming to streets on certain days of the week Further since there are cameras every where hanging from cross beams every time a prohibited car number is caught on camera an automatic notice for 200 yuan penalty is issued Further out of 08 lac applicants for new registrations only 20 thousand new registrations are allowed The details are available on the following link http articles timesofindia indiatimes com 2012 05 26 china 31869367 1 rural areas property prices traffic What is surprising as to how the applicant is comparing nations which are international be
4. 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 02 That the hon ble supreme court was made fully aware of the both the judgements of Delhi High Court and only after 30 days of hearing the final arguments the hon ble court has come with the judgement From the submissions of the applicant it seems that the applicant is under a notion that the hon ble court delivered the judgement without application of its own judicial mind and blindly relied on the submission of the petitioner 30 Modification Petition Page no 37 Point no 27 the applicant has put forward the view that tinting of glasses would easily identify it to be a VIP vehicle and expose it to higher risk but the applicant s have not clarified considered the following 01 That the hon ble court has given exemption to only Vip s of z and z category of Vip s who are universaly identified by the following A Escort Vehicles B Human Escort C Beacons D Siren E Vip Number Plate Things to note 1 The vehicle population in india has shot up from 3lac in 1951 to 10cr in 2008 to 11cr in 2009 of which cars jeeps amp taxis have increased from llac in 1951 to 1 5cr In 2009 One can very well imagine the helpless situation of the security establishment
5. 1 2 html f Kurdistan http www kurdishglobe net display article html id 8017142776d102bc146889b3958 40da0 g Sri Lanka http www dailymirror lk index php news 3639 front window tints banned html h Afghanistan http www dailytimes com pk default asp page 2010 5c03 5c10 5cstory_10 3 2010 pg20 4 i Belarus http en wikipedia org wiki window film citeno te 10 j Dubai limited permission http gulfnews com news gulf uae traffic transport overtinting of car windows punishable by law 1 1033130 k Jordan minimum 90 visibility required http www jordanoholic com blog news jordan ban car tinted windows 1 Kuwait http www arabtimesonline com newsdetails ta bid 96 smid 414 articleid 170079 reftab 69 d efault aspx The copy of above mentioned media articles are annexed herewith as Annexure A 3 colly Pages 102 to 140 The hon ble court had rightly observed that use of black films is not prevalent widely used in United States of America united kingdom amp Germany However it had never observed that the same is banned in these countries and undermentioned are the links which reflect the very strict laws governing the use of tinted films in these countries a California USA http home pcisys net bpc auto_law tint tint_ ca html b U K http www shropshiretints co uk legal htm c Germany http www ehow com facts 5471295 germany window tint rule
6. Drive slow and steady The faster you go the more the wind resistance your vehicle will face It has been established by trials that you can get upto 40 extra mileage at 40 kmph as compared to 80 kmph Avoid accelerating or decelerating unnecessarily Always drive in the correct gear Incorrect gear shifting can lead to as much as 20 increase in fuel consumption Remember for city driving change to a higher gear when you are sure that the engine will not have to struggle Get into top gear as soon as possible While braking anticipate stops Stop and go driving wastes fuel When you slam on the brakes a lot of useful energy is wasted in the form of heat Proper synchronization of gear and accelerator is necessary for better mileage Remember check wheels for free rotation when your car is being serviced Binding brakes restrict free wheel movement and the engine consumes more petrol in order to overcome resistance Keep your foot off the clutch Use your clutch only when you change gears Riding the clutch causes loss of energy and damages clutch lining Remember use your hand brakes when stopping on up gradient Don t manipulate the clutch and accelerator to stay stationary because it wastes fuel Periodic servicing Servicing of your vehicle must be carried out as specified in user s manual Use the recommended spares amp lubricants Always use recommended spares amp lubricants Engine oi
7. a day on his basic needs cannot be termed as poor r As per National Family amp Health Survey 23 of married men 52 of married women 72 infants in india are anemic hence leading to slow starvation s As per UNO India s population will stand at 170 crores in 2060 and by 2030 will have the highest population share among nations of the globle t As per National Sample Survey Organisation over 03 crores Indian cannot find work despite being in labour force and another 2 5 crores Indian citizens are officially under employed as per most conserveative estimates u As per Transparency International Corruption Index India dropped to 95 th position It reflects that how in a reaffirmation of the general perception India has dropped 11 places to be ranked 95 th in the Transparency International Corruption Index v As per National Crime Records Bureau 21 Indian citizens kill themselves every day for reasons such as bankruptcy unemployment and poverty w As per NCRB in 2010 there were 241986 instances of violent crimes 134599 instances of suicides 384649 instances of accidental deaths in India x As per BPRD study the reported instances of crime shoot up by 400 once recording of FIR s is made mandatory y As per NCRB sanctioned strength of police personnel in India for per lac of population is 173 5 whereas the actual strength is 131 4 for per lac of pop
8. conduct a country wide referendum as to whether tinting should be allowed through glass or by films 03 What is also important is that not more than 30 of vehicles have tinting on the glasses Although there is no data to support the same but the undermentioned newspaper article in times of India Gurgaon 20 07 2011 can throw light on the claims of the petitioner wherein it is mentioned that only 02 out of 10 vehicles have tinting Z http articles timesofindia indiatimes com 2011 07 20 gurgaon 29793626 1 glass traffic police black film The copy of above mentioned media articles has been annexed herewith as Annexure A 2 Pages 100 to 101 Further only those who use air conditioning do pull up the glasses amp air conditioning provides cooling any ways hence 70 of car users were exposed to direct sunlight even before the judgement of the hon ble court was delivered 19 Modification petition Page no 20 Point no 14 the applicant submits that the inability of the police and civic administration cannot be the reason to ban the films but the applicant s have not clarified considered the following the same reference is given in impleadment petition also 01 Invoking a ban or making anything mandatory are similar conditions since once any condition is made mandatory it invariably results in complete restriction of some other condition 02 Both invoking a ban and making anything m
9. the car manual in a safe place so that you can refer to it whenever you have to maintain your car air conditioner Clean the air filter A dirty air filter clogs up the airway and lessens the coolness of the car air conditioner Check whether the air filter is still clean or if it needs cleaning Take off the air filter Clean the air filter using water and mild soap When the air filter is very dirty or if it has become damaged replace the air filter with a new one Get rid of moisture Excess moisture causes odor and encourages the growth of mildew Dry the evaporator core by running your car air conditioner for about an hour Activate the defrost system for 15 minutes to rid moisture easier Maintain the coolant pressure Prevent the car air conditioner s hoses from hardening up and the seals from being ruined by maintaining the coolant pressure For once a month run the air conditioner at the coolest temperature and the fastest fan speed for 20 minutes The above article on proper maintenance and hence enhancing the efficiency of the air conditioner can be down loaded from the following link http www howtodothings com automotive how to maintain a car air conditioner Further if people were so very concerned about car heating only white and silver cars would have sold since they are the best reflector of sunlight and additionally also ensure best road visibility so as to prevent accidents 26
10. MOST RESPECTFULLY SHOWETH L The present application is being filed seeking permission of this Hon ble Court to bring on record certain important developments which have taken place pursuant to the judgement dated 27 04 2012 in the PIL 2 That the petitioner had filed the public interest litigation hereinafter pil against rampant use of black films in glasses of vehicle which facilitate crimes of multiple nature The govt had been lackadaisical in its approach to contain this menace Because of this approach of government vehicles with black films have become common in the commission of any criminal activity more specifically terrorist activities which endangers national security 3 The Hon ble Court had been most kind to partially allow the writ petition and prohibit use of black films of any percentage VLT or any other material upon safety glasses windscreens front and rear and side glasses The Hon ble Court also ruled that 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 4 Post judgement the profit seeking stake holders who include both manufacturer as well as self proclaimed representatives of all traders connected with the trade of black films have filed applications seeking both impleadment as well as modification in and recall of judgement of the Hon ble Court
11. Modification Petition Page no 29 Point no 20 the applicant submits that the ban in some countries is not the model for our constittution but the applicant s have not clarified considered the following the same reference is given in impleadment petition also 01 When a country without a constitutions can realize the menace of black films then why not we 02 In no way the constitutional right to travel in private vehicles on public roads is being taken away from the citizens of the nation but only regulation imposed as is done in so many areas of travel among others The applicants are talking of a perfect scenario of absolute freedom which no constitution can ensure because larger interest of society always takes over individual interest 27 Modification Petition Page no s 29 amp 30 Point no 21 the applicant submits that it would be unrealistic to put a particular standardized norm for automobile companies in the process of manufactur hence creating monopolized unfair market but the applicants have not clarified considered the following 01 While booking the car the buyers can be provided with the following options a to opt for clear glasses B to opt for 70 amp 50 visibility C to opt for visibility between 100 amp 70 50 It is noteworthy that the petitioner on 01 06 2012 has written the following letter to leading car manufacturers of India for framing a po
12. T CHILDREN DURING SL CRIME YEAR PERCENT N HEAD AGE o 200 200 20 200 201 VARIATIO i OF Iz N IN 2010 OVER 2009 1 RAPE 4 7 15 0415 4 15 36 5 48 2 2 21 15 46 8 4 2 KIDNAPPI 5 1 6 37 7 6 8 94 10 6 19 3 NG amp 02 7 50 5 70 ABDUCTI ON 3 PROCURA 231 2 22 237 1679 186 5 TION OF 5 4 MINOR 3 GIRLS 4 BUYING 35 140 130 32 78 143 8 OF GIRLS FOR PROSTITU TION 5 SELLING 1123169 49 57 130 128 1 OF GIRLS FOR PROSTITU TION 2006 2010 The data has been sourced from the Annual Home Ministry Report for the year 2011 2012 on crime in India http www mha nic in pdfs ar e 1112 pdf 17 Modification Petition Page no 19 Point no 13 the applicant submits that the Vlt of glasses with films does not change during day or night but the applicant s have not clarified considered the following the same reference is given in impleadment petition also 01 That although the Vit remains at the fixed percentage but since the quantum of visibility reduces during the night although the Vit percentage remains the same the over all visibility has to come down For example similarly as the power of our eyes does not change with day or night but the quantum of visibility reduces As per H J Roberts Md Who s who in science and technology in his book the causes ecology and prevention of traffic accidents has held that
13. andatory are part of regulation 03 Regulation can be both self imposed or imposed by rule of law 04 Lack in availability of resources leads to regulation 05 Even children of non prosperous parents although may enjoy the same level of freedom as children of prosperous parents enjoy but resources can be highly regulated for the former While the latter will enjoy the comfort of the air conditioner during hot summer the child of less prosperous will have to satisfy with fan and even load shedding Undermentioned point 6 will help evaluate the dismal state of citizens of the nation and due to the lack of resources with the government to fill up the vacum in multiple areas more taxes cannot be imposed on all citizens to increase police force just for monitoring the percentage of tinting in ever growing population of vehicles only a small percentage of which use tinted films The applicants who now claim to be representing the welfare of all profit seeking stake holders and citizens of the nation were executing business in the most irresponsible manner and never paid heed to the regular instances of crime happening across the length and width of nation and never adviced the profit seeking stake holders to restrain from illegal activity of tinting the glasses to opaque or sought an apology from the nation for their irresponsible acts 06 a In the World Economic Forum s Annual Global Competitiveness Report GCR 2010
14. be given a choice at time of booking the vehicle Further respected sir if there is an existing working mechanism in place by virtue of which buyers of new cars can order for cars with glasses which confirm to the norm of 70 front visibility amp 50 side visibility it is fine but if the mechanism is not in place then it is being requested of your credible chair to develop a mechanism in interest of the consumer amp also create an awareness campaign on the method of availing cars with tinted glasses as well as on the prices for the same I Sir a positive action by the organization of which you are at the helm of affairs is most humbly desired and requested and i will most respectfully acknowledge the kind gesture of yours Yours Faithfully Avishek Goenka Petitioner Copy of the relevant page of the judgement is being extended for your understanding My e mail id s are also being extended so that replies by both postal amp electronic mail can be extended by your credible chair It is being requested of your credible authority to kindly please facilitate a reply on existing information available with your dignified office within 07 days of receiving this communication both by e mail amp postal mail To view the complete judgement of the above mentioned matter please execute the undermentioned 1 Visit www supremecourtofindia nic in 2 Judgements A Go to tab judge na
15. being reported in media on the various illegal acts being committed under cover of black films Undermentioned are some instances of rape and kidnapping executed in cars with black films in 2012 which were reported in some leading newspapers and the web links are also specified From the undermentioned one needs to conclude whether the instances of rapes kidnapping human trafficking drinking undected movement of criminals is a possibility or happenings of past and present times as well or anticipation of future given the growth in no Of vehicles and the lack of resources with the nation 11 02 2012 alleged rape of 03 females in Delhi http www telegraphindia com 1120211 jsp na tion story_15121303 js 27 02 2012 alleged a Delhi teenager allegedly raped by 05 friends http articles timesofindia indiatimes com 2012 02 27 noida 31103409 1 class x girl noida police minor victim 05 02 2012 alleged rape of woman in Kolkata http articles timesofindia indiatimes com 2012 02 16 kolkata 31066093 1 night club gunpoint young woman 02 03 2012 alleged abduction and abuse of pragenent woman in Mumbai http lite epaper timesofindia com mobile aspx article yes amp pageid 8 amp sectid edid amp edlabel toik m amp mydatehid 02 03 2012 amp pubname amp edname amp articleid ar00802 amp p ublabel toi 04 05 2012 alleged rape of woman in Ghaziabad z http www hindustanti
16. by filling of IA in way of a customized presentation which is contrary to the interpretation of the Hon ble Court and the contents of the I A filed by the applicants also is reflective of a possible scenario that the Hon ble Court without application of it s own wits has relied only on the presentation of the petitioner The applicants have overlooked the fact that the credible judgement of the Hon ble Court has been delivered after a month of the final hearing on 26 03 2012 and has inputs which justify the judgement and as a matter of fact some of the inputs were not there in the petition Moreover the profit seeking applicants have gone ahead with the filing of I A despite the known facts that a That both Ministry of Home which is responsible for internal security and Ministry of Road Transport amp Highways which is responsible to frame new laws and implement existing laws related to vehicles were respondents in the petition b The traders of car accessories were most daringly in gross violation of rules were both recommending selling and installing films which blocked visibility inside vehicles and restricted themselves only when judgement was delivered to remove the films from glasses of vehicles They also actively aided to multiple instances of crimes committed under the camouflage of films which blocked visibility inside the vehicles both by the way of facilitating installation and never seeking restric
17. cancer Although its speaks at length about frequently observed cancers in India like lung breast stomach gall bladder cervical oral and miscellaneous cancers but no where it talks about skin cancers and further in the statewise data on the most incidence of cancers skin cancer is reported only by state of Chattisgarh The data can be verified by visiting the following link http www cancer therapy org ct v8 a pdf 9 ali et al 56 70 pdf The copy of above mentioned media article has been annexed herewith as Annexure A 5 Pages 155 to 164 Further the website physlink com talks about most of the UV radition being absorbed by even a transparent glass and the same has been stated by Gilles Lalancette M S Physicist Dorval Quebec Canada The article is available at the following link http www physlink com education askexperts ae603 cfm The threat of skin cancer to occupants of motor vehicles without any kind of tinting has been blown out of proportion It is noteworthy that almost all electronic devices produce varied level of radiation but no one complains but in a matter related to national security the stake holders in profit who were acting most irresponsibly till the date the ban was enforced have come out with all forms of reports which can misguide the hon ble court If at all UV rays were a major threat then invariably all traffic police constables cricketers and players for o
18. e or stop lights is 60 percent as red light is transmitted through a tinted windshield with greater difficulty as compared to through an un tinted windshield That one can readily inspect a windshield for these features by standing in front of it and then visualising objects in or behind the car No distortions or other irregularities should be seen The article can be viewed by visiting the following link http www delhitrafficpolice nic in articles the tinted tale htm 29 Modification Petition Page no s 32 33 34 35 amp 36 Point no 25 the applicant has referred some judgements regarding tinted glasses but the applicant s have not clarified considered the following 01 Para 21 of the judgement 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 Itis 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 amp 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
19. e to tinting films as a whole or only tinting films related to glasses of vehicles which also includes films used for manufacturing laminated glasses 03 Whether the shops only sell tinted films or other car accessories as well 13 Modification Petition Page no s 06 07 08 amp 09 Point no s 06 07 amp 08 the applicant has pointed out that the judgement was not in tune with the prayers but the applicant s have not clarified considered the following some similar references are given in impleadment petition also 01 That the prayer to pass any other order which the Hon ble Court may deem fit in the facts and circumstances of this case was also made to the Hon ble Court 02 Public Interest Litigation is not an adverse litigation between private parties and is intended to benefit the larger public interest and hence courts being custodian of law also take suo moto action in such litigations 03 There is an allegation on part of applicant that no where in the order it has come out as to what is meant by black film The para 03 of the judgement reads as follows 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 glass
20. edly but specifically prohibits alteration of such vlt by any means subsequent to its manufacturing 04 Para 19 of the judgement 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 05 Para 22 of the judgement Rule 100 2 specifies the Vlt percentage of the glasses at the time of manufacture and to be so maintained even thereafter 15 Modification Petition Page no 15 Point no 11 the applicant a profit seeking stake holder submits that because of the ban on black film the entire film manufacturing industry will shut down and hence the film in laminated tinted glasses will not be in supply and hence the purpose of legislation i e CMVR 1989 will be jeopardized But the applicant s have not clarified considered the following 01 As mentioned by the applicant in page no 06 point no 06 of the impleadment petition that out of market size of 400 crores foreign suppliers were having a turnover of 250 crores and i wonder what will stop them from servicing the Indian markets and above that if the applicant is marke
21. efining laminated safety glass makes 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 21 Modification Petition Page no s 22 amp 23 Point no 16 the applicant has expressed disagreement with the rationale that chances of accident increase by a given percentage due to low visibility and further that although china has more vehicles on roads it has not banned black films but the applicant s have not clarified considered the following 01 As per H J Roberts Md Who s who in science and technology in his book the causes ecology and prevention of traffic accidents has held that a filmed windshield or rear window can reduce visibility severely especially at night Slight tinting of the upper front windshield and rear window especially along the glass borders may help reduce both glare and vehicular temperature But excessive tinting is undesirable because it can interfere with visual acuity and create excessive dimness on cloudy days This goes for dusty days too That while the equivalent loss of headlight power is 30 percent the loss of effectiveness in seeing red brake or stop lights is
22. es because they are not manufactured as such From the lines it is clear that black films are such films which are shaded and not fully transparent 04 The applicant has not understood as to why the prayer to implead media agencies was made whereas the only reason to pray for impleading them was to verify the media reports on cases of kidnapping and rape inside vehicles and also that of ban on tinting of glasses in some countries should the court or respondents had any doubt on the authenticity of such documents and hence a reference to Kolkata High Court order to implead media agencies in a Pil s based on newspapers reports was given 05 How the Home Ministry responsible for security and most responsible for all laws regarding motor vehicles are not the right parties when laws framed by them are followed universally they have not objected to the observations of the hon ble court and if as manufacturers the applicants are negatively affected parties then what about impleadment of those whose children had been kidnapped and women folk raped by aid of black films 14 Modification Petition Page no s 10 11 12 13 14 amp 15 Point no s 09 10 amp 11 the applicant a profit seeking stake holder has interpreted the rule 100 as per his understanding and suitability contrary to the understanding of the hon ble highest court of the nation as is evident in the detailed order with inputs more than what was me
23. given the resource constrains they have to leave with given the fact that after the year 2000 the country has been adding nearly lcrore vehicles in a year Source transport research wing Ministry of Road Transport amp Highways http morth nic in writereaddata mainlinkfile fi le420 pdf 02 Accidents cost the nation llac cr a year which is nearly 1 5 of the GDP As stated by Planning Commission member Mr B K Chaturvedi and reported in Times of India on 04 10 2011 T http timesofindia indiatimes com india road accidents cost india rs 1 lakh crore a year articleshow 10224908 cms 03 Total no Of road accidents did rise by 2 1 from 421628 in 2009 to 430654 in 2010 and no of injured were 470687 in 2010 whereas the no of people who died in 2010 due to road accidents were 133938 Source NCRB http nerb nic in adsi2010 table 1 6 pdf 04 Vehicles behind the one whose glasses are tinted find it difficult to overtake since they cannot see the road in front of the vehicle which is to be overtaken 05 As per study conducted by global research firm IPSOS terrorism was their second biggest concern of Indians with 38 Indians agreeing to it whereas crime and violence emerged as the third biggest cause of worry with 34 Indians agreeing on the same and hence it can be very well concluded that how important are the factors of peace amp security to
24. hicles act was not made since the same was not in fashion in the nation but the applicant s have not clarified considered the following 01 Why visibility percentage was defined Was it because occupants of cars were reporting of skin cancer or because black films were considered a menace Following are the notings as to why the rule 100 was made effective and the same can be downloaded from the undermentioned link http www delhitrafficpolice nic in articles the tinted tale htm Provisions against the use of tinted glasses were incorporated under rule 100 of the central motor vehicle rules 1989 which read the glass of the front windscreen and side and rear windows of every motor vehicle shall be such and maintained in such condition as to be clearly transparent and allow the driver a clear vision to the front and to the sides and through the prescribed mirror to the rear of the vehicle Enforcement of this rule was not immediate However following a series of criminals cases in which the use vehicles with tinted glasses was observed during the early 1990s when the government decided to crack down on such tinted activity it was then observed that there were no clear cut directions in the rule prescribing or defining the minimum level of transparency to be ensured nor was there any equipment available with the enforcing authorities to measure the same Consequently the then traffic mangers of Delhi adopted an i
25. holds the record of being home to the highest number of children who die before their 5 th birthday i As per FPRI Global Hunger Index India ranks 67 out of 84 developing nations in having the number of hungry people among it s citizens j As per Planning Commission 09 crores and 36 lacs people reside in slums in India k As per FAO India has 23 crores undernourished people which is 27 of the world s undernourished population As per UNICEF 43 of India s children are under weight which is 42 of the world s under weight children m As per Human Development Report based on Health Care Education Income in a country India ranks 119 among 169 countries n As per the latest data of the Global Burden of Diseases Injuries and Risk Factors study published in British Medical Journal The Lancet whereas average blood pressure declined globally it increased among both men and women in India o As per medical general The Lancet 30 rural India and 20 Urban India did not go for any treatment because of financial inability and 47 of Rural India along with 31 of Urban India financed hospital admission through loans and sale of assets p As per Medical Council of India India has 01 doctor for every 1700 citizens whereas Germany has 01 doctor for every 296 citizens g As per Planning Commission an Urban Indian spending more than rupees 20
26. l that is thicker than recommended can cause a 2 increase in fuel consumption Remember check the car manual and the oil manufacturer s recommendations before using any particular grade of oil Clean your air filter regularly Your air filter prevents air from fouling the engine Dust causes rapid wear of engine components and increases fuel consumption Remember cylinder bores and piston rings wear out faster in engines with dirty air cleaners Clean air filters at every tune up Do not allow leakage or spillage Loss of one drop of petrol per second can amount to loss a of 2000 litres per year Make sure that the fuel tank cap has a good rubber seal Don t wait for your car to warm up Instead drive in low gear till the engine warms up Do not use the choke longer than necessary Reduce loads Unnecessary loads increase fuel consumption Do you really need to carry the luggage rack or various odd things in the boot all the time Remember a reduction of weight by about 50 kg can lead to a 2 saving in fuel when driving in city Check your tyre pressure regularly Under inflated tyres increase rolling resistance which leads to higher petrol consumption amp faster wear out of tyres at sides Remember a 25 decrease in tyre pressure can cost you 5 10 more on petrol and 25 on tyre life When you stop your car stop your engine Idling for an hour costs one lit
27. licy in this regard vide EW No s EW032950364 IN EW032950355IN EW032950378IN EW032950381IN amp EW032950395IN Supreme court order implementation case no 265 of 2011 Respected Sir This communication of mine is to facilitate a detailed humble address to your hon ble chair on the above stated subject matter Sir as you must have known about the supreme court order dated 27 05 12 to ban black films on glasses of vehicles irrespective of it s visual light transmission and that as per the order only manufacturer can produce vehicles with such glasses which adhere to the visibility percentage as set in motor vehicles act Sir in order to avoid eating into your very valuable time there are only 3 replies against the under mentioned queries which are humbly desired and requested of your chair 1 How does the manufacturer produce tinted glass Is it by colouring or by using of some kind of film Further if it is film then is it installed on the surface of the glass or there is some other mechanism Kindly please clarify 2 What is the source of glasses being installed on the vehicles Is it manufactured at a facility owned by the vehicle manufacturer or is procured from a vendor P if procured from a vendor kindly please provide the name of the glass manufacturing company and also the brand 3 How will new customers procure vehicles with tinted glass Will they
28. llowing 01 Meaning of shall be such and shall be maintained in such a condition which implies that if shall be such x then has to be maintained in condition x No where it is mentioned that users are at liberty to change the condition with any new input they deem fit Further it also means that the condition of the windows when the cars are rolled out of the manufacturing facility has to be maintained the same thereafter 11 Modification Petition Page no 03 Point no 03 the applicant submits that the tinting films have multiple benefits but the applicant s have not clarified considered the following 01 Whether tinted glasses without tinted films pasted on the surface of glass can achieve the same benefits or not 02 That UV rays also help in formation of vitamin D is not mentioned Http en wikipedia org wiki ultraviolet 03 That 97 of UV rays get filtered in the atmosphere is not mentioned Http en wikipedia org wiki ultraviolet 04 That even clear glasses filter UV rays is not mentioned http www physlink com education askexperts ae603 cfm 12 Modification Petition Page no s 04 amp 05 Point no s 04 amp 05 the applicant submits on the employment figures and the turnover but the applicant s have not clarified considered the following the same reference is given in impleadment petition also 01 Credible data to support their claims 02 Is it with referenc
29. me B Enter S H Kapadia caps C Please choose dt from 1 Jan 2012 to 1 May 2012 D Reportable staus will be all E Submit F Please study the judgements in name of Avishek Goenka 28 Modification Petition Page no 30 Point no 22 the applicant submits that the Vit of glasses with films does not change during day or night but the applicant s have not clarified considered the following the same reference is given in impleadment petition also 01 That although the vit remains at the percentage but since the quantum of visibility reduces during the night although the vlt Percentage remains the same the over all visibility has to come down For example similarly as the power of our eyes does not change with day or night but the quantum of visibility reduces 02 As per H J Roberts Md Who s who in science and technology in his book the causes ecology and prevention of traffic accidents has held that a filmed windshield or rear window can reduce visibility severely especially at night Slight tinting of the upper front windshield and rear window especially along the glass borders may help reduce both glare and vehicular temperature But excessive tinting is undesirable because it can interfere with visual acuity and create excessive dimness on cloudy days This goes for dusty days too That while the equivalent loss of headlight power is 30 percent the loss of effectiveness in seeing red brak
30. mes com india news uttarpradesh girl raped in ghaziabad mall basement article1 850502 aspx 08 05 2012 alleged abduction of young boy in Bengal http www telegraphindia com 1120508 jsp be ngal story 15464595 isp 10 05 2012 alleged rape of woman in Bengal http timesofindia indiatimes com city kolkata malda woman dumped on road after gang rape articleshow 13073584 cms 20 05 2012 alleged rape of girl in Haryana http www telegraphindia com 1120520 jsp na tion story 15509622 jisp t7iz6uiw9rc 09 06 2012 alleged rape of woman in Kolkata http articles timesofindia indiatimes com 2012 06 09 kolkata 32139963 1 mumtaz khan exide sealdah 15 06 2012 escape of key accused in high profile Bhanwari Devi murder case with help of accomplices That the police recovered a bolero and a scorpio used in the get away is also mentioned http articles timesofindia indiatimes com 2012 06 15 india 32253989 1 bhanwari devi murder jaloda rajasthan police 17 06 2012 a girl beaten mercilessly in New Delhi by her male friends inside 02 different moving cars for several hours http www hindustantimes com india news newdelhi delhi girl takes lift from friend drugged beaten articlel 873109 aspx The copy of above mentioned media articles are annexed herewith as Annexure A 1 colly Pages 71 to 99 The Indian police journal published by the bureau of police research and develo
31. nchmarks in terms of high guality of safety and security to India which is way behind when averages on all parameters are compared 22 Modification Petition Page no 24 Point no 17 the applicant has accused that the petitioner has misled the hon ble court into beleiving that in some countries the ban is applicable whereas the actual scenario is different But the applicants have not clarified considered the following 01 tinted glass ban is also applicable in the following nations a Nigeria http www thisdaylive com articles the ban on tinted vehicle glasses 116526 b Nepal http www mastinepal com thread11187 html http www ekantipur com the kathmandu post 2011 02 10 nation supreme court order to do away with tinted vehicle glasses 218285 html c Uganda http www ugpulse com uganda news government police challenged on tinted vehicles 3778 aspx d Pakistan http www omantribune com index php page n ews amp id 30565 amp heading sports http www omantribune com index php page n ews amp id 26505 amp heading oman http www brecorder com top news 108 pakistan top news 60401 rahdari and tinted glass vehicles banned in balochistan html e Bangladesh http www autoblog com 2006 03 08 banglade shs ban on tinted windows collapses car trade http www daily sun com details yes 28 04 2012 criminals e2 80 99 joy ride on tinted glass vehicles 128 4 1
32. ngenious campaign against the use of tinted glasses by merely publicizing the provisions of law and putting the fear of god in the minds of those who did not conform with veiled threats of the penal consequences merely through advisory memos An almost 90 percent success rate was achieved despite a raging debate in the media on the pros and cons of enforcement against use of tinted glass midst wide raging protests and supports with some labeling the entire exercises nothing short of quixotic Simultaneously though the Delhi traffic police took up the matter with the union ministry to remedy the ambiguity and consequently came the 1993 amendment to the rule which laid down that the glass of the windscreen or the rear the window to be such that the visual transmission of light is not less then 70 percent while glass used for side windows to be of not more than 50 percent capacity Panel enforcement activities against tinted glasses then commenced though not without some measure of opposition from some diehards 10 Impleadment Petition Page no 09 Point no 09 the applicant submits that the following in mv act windows 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 meant that use of any other article to achieve the prescribed standard was not prohibited but the applicants have not clarified considered the fo
33. ntioned in the petition but the applicant s have not clarified considered the following 01 Para 11 of the judgement 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 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 02 Para 12 of the judgement 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 03 Para 17 of the judgement 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 impli
34. pment states that crime statistics are lower than incidence because policemen are reluctant to register f i r the study was conducted in North Bengal by the superintendent of police and reflected that the number of recorded cases of crime went up by more than 400 after registration of f i r s was made mandatory Hence it can be very well be concluded that the actual nos of criminal cases are by far more than those reported INCIDENTS OF HUMAN TRAFFICKING DURING 2006 2010 SL CRIME YEAR PERCENT N HEAD AGE 3 200 200 200 200 201 VARATO CE Se Ie O NIN 2010 OVER 2009 1 PROCURA 231 253 224 237 679 186 5 TION OF MINOR GIRLS 2 SELLING 123 69 49 57 130 128 1 OF GIRLS FOR PROSTITU TION 3 BUYING 35 4 30 32 78 143 8 OF GIRLS 0 FOR PROSTITU TION 4 IMMORAL 4 5 3 5 12 6 12 47 2 4 1 0 TRAFFIC 41 68 59 4 99 PREV ACT INCIDENCE OF CRIME AGAINST WOMEN DURING S CRIME YEAR PERC L HEAD ENTA 2006 2007 2008 2009 201 N GE O O VARI ATIO N IN 2010 OVER 2009 1 RAPE 19 34 20 73 21 46 21 39 22 3 6 SEC l8 7 7 7 172 376 IPC 2 KIDNAP 17 41 20 41 22 93 25 74 29 15 7 PING amp 4 6 9 1 795 ABDUC TION SEC 363 TO 373 IPC 3 MOLES 36 61 38 40 41 38 71 40 4 9 TATION 7 Ze 3 1 613 SEC 4 354 IPC 2006 2010 INCIDENCE OF CRIME AGAINS
35. re of petrol always keep your car ready for starting quickly Keep the battery alternator amp fan belt in good condition This will ensure a good start whenever you need it Remember switch off the engine at stops of over 2 minutes Plan your route Fuel consumption on a highly congested road can be double the normal Rush hour or stop and go traffic can waste fuel excessively Remember you will get more mileage from each litre if you take a less congested route The above is an extract from the website of the number 01 car manufacturer of India i e Maruti Udyog limited and is available by visiting the following link http www marutisuzuki com fuel efficiency aspx Similarly for ensuring best performance of a car air conditioner no where it is mentioned to avoid the sun since for a vehicle which invariably travels outdoors avoiding the sun is indispensable Undermentioned are some guidelines for proper maintenance of the air conditioner A car air conditioner is a very important feature in a car However it is often neglected and most people don t know how to properly maintain it Here are some methods of how to maintain a car air conditioner to make it work better and last longer Refer to the car s manual Maintaining a car air conditioner involves knowing about the specific features of your car Know the instructions on how to maintain the parts of the car air conditioner Always keep
36. s html The copy of above mentioned media articles are annexed herewith as Annexure A 4 colly Pages 141 to 154 What is noteworthy is that all the neighbours of India i e Bangladesh Nepal Sri Lanka amp Pakistan have banned the usage of tinted glass 23 Modification Petition Page no 25 Point no 17 the applicant has accused that the petitioner has misdirected the hon ble court into believing that all safety glasses are pre laminated whereas the actual scenario stands different But the applicant s have not clarified considered the following the same reference is given in impleadment petition also 01 In page 02 point 01 of the petition the following is written on account of this approach of the offenders terrorists usage of vehicles with black films on their glasses Similar mention is there in page 07 point 05 page 08 point 06 24 Modification Petition Page no s 25 amp 26 Point no 18 the applicant has accused that the petitioner has given wrong information as recorded in paras 05 to 08 of the order whereas the actual scenario stands different But the applicant s have not clarified considered the following The fact that china even though has lesser no of vehicles than India but still has lower accident rate can be verified by visiting the following link http www medindia net news india surpasses china in fatal road accidents report 42830 1 htm It i
37. s noteworthy that in the Chinese capital of Beijing prohibits cars with specified last digits of their registration numbers from coming to streets on certain days of the week Further since there are cameras every where hanging from cross beams every time a prohibited car number is caught on camera an automatic notice for 200 yuan penalty is issued Further out of 08 lac applicants for new registrations only 20 thousand new registrations are allowed The details are available on the following link http articles timesofindia indiatimes com 2012 05 26 china 31869367 1 rural areas property prices traffic What is surprising as to how the applicant is comparing nations which are international benchmarks in terms of high quality of safety and security to India which is way behind when averages on all parameters are compared 25 Modification Petition Page no 26 Point no 18 the applicant has mentioned that black films give numerous benefits to the public like protection from cancer and saving of fuel but the applicant s have not clarified considered the following a similar reference is given in impleadment petition also 01 Will the same benefits not accrue from tinted glasses without black film 02 A research article by department of chimestry of Jamia Milia Islamia titled cancer scenario in India with future perspectives throws light on the threat to India by the disease of
38. the citizens of India http articles economictimes indiatimes com 20 12 03 13 news 31159536 1 scandals transparency international indian economy 06 Undermentioned is the comparative ranking of India in the global peace index 2012 which is prepared by Institute for Economics amp Peace and ranks 158 countries of the globe The article was published in the International Tabloid Guardian amp following is the link for the same http www guardian co uk news datablog 2012 jun 12 global peace index 2012 Year 2012 2011 2010 2009 12008 2007 Country Gpi Gpi Gpi Gpi Gpi Gpi rank rank rank rank rank rank India 142 135 128 122 107 109
39. ther outdoor games apart from occupants of the cars without any form of tinting would have become skin cancer patients and disease would have reached epedimic proportions With 70 of Indian population living in villages and cultivating their fields during day time if sunrays were actually a kind of threat as is being projected then India would have been the skin cancer capital of the world Moreover the applicant has not been able to furnish any data on the percentage of people in varied outdoor professions becoming victims of skin cancer What is also important is that not more than 30 of vehicles have tinting on the glasses Although there is no data to support the same but the undermentioned newspaper article in times of India Gurgaon 20 07 2011 can throw light on the claims of the petitioner wherein it is mentioned that only 02 out of 10 vehicles have tinting E http articles timesofindia indiatimes com 2011 07 20 gurgaon 29793626 1 glass traffic police black film Further only those who use air conditioning do pull up the glasses amp air conditioning provides cooling any ways hence 70 of car users were exposed to direct sunlight even before the judgement of the hon ble court was delivered The applicant also talks about saving of fuel by use of tinted films but the car makers have not stated this in their user guides Better driving habits for fuel saving Drive between 45 55 kmph
40. ting the product in 80 countries of the world with patents in 16 countries and has been winner of highest exports for last 20 years as mentioned in page no s 03 amp 05 point no s 04 amp 05 then why will they at all need to stop production It is a daring move of false claims to mislead the hon ble court 16 Modification Petition Page no s 17 18 amp 19 Point no 13 the applicant submits that in the replies to a RTI query how many incidents of crime have been reported in which the factor of tinted glass was an input aiding the crime and since the reply to the same was nil hence it is proved that tinted glass is not a cause of any crime but the applicant s have not clarified considered the following a similar reference that possibility of abuse is no ground for interference is given in impleadment petition also 01 Even in cases of rape and kidnapping the police does not record the factor of tinted glass as a cause of crime although in the fir It may be registered that the crime was committed in the car 02 The stake holders in profits by way of manufacturer of black films cannot draw their own conclusions completely ignore the assesment of responsible police authorities who are responsible for law and order and also do not stand to accrue any personal material gain from the ban on black films unlike the applicants 03 It is a open fact with multiple instances of crime
41. tion However now when they are at the receiving end of law they have incorporated customized initiatives to defeat the purpose of the petition 5 That on 08 05 2012 Mr Rajesh Kumar AOR extended copies of I A for impleadment as well as modification on behalf of the trade representatives to the petitioner and further on 04 06 2012 again Mr Rajesh Kumar AOR extended copies of I A for impleadment as well as modification and recall on behalf of manufacturer 6 That the petitioner has framed a detailed reply to the application dated 04 06 2012 of the manufacturer as because it was extended at a latter date by the same lawyer and hence has more inputs than the application dated 08 05 2012 7 Impleadment Petition Page no 03 Point no 03 the applicant submits that they are a company of 75 years standing but the applicant s have not clarified considered the following 01 Are they manufacturing suncontrol films since last 75 years 8 Impleadment Petition Page no 03 Point no 04 the applicant submits that they exports suncontrol films to over 80 contries in the world but the applicant s have not clarified considered the following 01 Do they export suncontrol films only for vehicles or some other purposes as well like window tinting for houses 9 Impleadment Petition Page no 07 Point no 08 the applicant submits that the reference to black films in motor ve
42. ulation and infact some states have not more than 70 police personnel for every lac of it s citizens z As per Global Peace Index GPI 2011 which ranks countries according to how peaceful they are India now ranks 135 out of 153 countries We are now amongst the 20 least peaceful nations in the world along with countries such as Pakistan and Afghanistan The above mentioned parameters a to z will help rightly evaluate the shortage of resources at the disposal of the government which can deliver uniform welfare to the citizens 20 Modification Petition Page no s 21 amp 22 Point no 15 the applicant has defined the difference between safety glass and laminated safety glass as per his own understanding but the applicant s have not clarified considered the following 01 Para 17 of the judgement 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 d
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