SC: Directions: When Eve teasing is reported, Bus driver has to take bus to nearest police station->

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Supreme Court of India has laid down Directions regarding duty of Bus Conductors or those who may be in charge of public buses or vehicles.
As per the Supreme Court order when Eve teasing is reported, Bus driver has to take bus to nearest police station.
This directions came in case of Inspector General of Police Versus S. Samuthiram [reported in 2013 [1] SCC 598] date of decision 30.11.2012 (Hon’ble Justice K.S.Radhakrishnan and Hon’ble Justice Dipak Misra)
In para 34.1, Supreme Court has directed/ordered as pointed out below. If the said orders are not being complied with by any State Government, Union Territories, District Collectors, and the District Superintendent of Police, a Citizen can approach Hon’ble High Court or Supreme Court for enforcing the said directions.
“Para 34.4 Where any incident of eve-teasing is committed in a public service vehicle either by the passengers or the persons in change of the vehicle, the crew of such vehicle shall, on a complaint made by the aggrieved person, take such vehicle to the nearest police station and give information to the police. failure to do so should lead to cancellation of the permit to ply.”
If violation of above directions of Supreme Court are noticed by a public spirited Citizen and if desires to take a steps, it is advisable that he should first bring the violation to the notice of concerned District Collector and District Superintendent of Police and should give them reasonable time to take necessary steps.
This can be seen from Para 34.8 as under:
“34.8 The State Governments and Union Territories of India would take adequate and effective measures by issuing suitable instructions to the authorities concerned including the District Collector and the District Superintendent of Police so as to take effective and proper measures to curb such incidents of eve-teasing
A complete copy of judgement should be downloaded by a searching on Google or on Supreme Court website supremecourtofindia.nic.in
HARESH RAICHURA
29.03.2013

Can Supreme Court or High Court order any PRIVATE individual to do something? My answer is no. Reasons->

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Supreme Court in India has under Art.32 and High Courts have powers under Art 226 to issue orders (i. e. Writ of Mandamus).

But such writs/orders can be only issued to Govts, Govt bodies or Authorities covered under Art.12 of the Constitution of India.

Such orders cannot be issued to private individuals, or private bodies unless they are aided by Govts or govt bodies with State funds.

If they are violating any laws, SC or HC can direct concerned authorities to take steps in accordance with law.

But they have no powers to issue such writs or orders to private individuals to do or not to do a particular act.

This is my academic and personal view. You must consult and seek advice of an advocate, before applying this information to real situations.

Haresh Raichura
25/3/2013