Excelsior Correspondent
JAMMU, Feb 18: A Division Bench of Jammu & Kashmir and Ladakh High Court has issued notice to the Union Territory of J&K and other respondents in a Public Interest Litigation (PIL) highlighting alleged “systemic failure” in implementing safety measures and mandatory seat reservation for women in public transport across Kashmir.
The PIL has been filed by Advocate Monisa Manzoor Mir, who contends that despite an official mandate, the reserved seating arrangement for women exists largely on paper with negligible enforcement on ground. The matter was heard by a Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal through virtual mode.
In her petition, the PIL petitioner has referred to constitutional safeguards and obligations under Article 15(3), Article 21 and Article 38(1), along with Circular 3/TC/2025, which mandates reservation of seats 1–12 in large buses and 1–9 in mini-buses for women passengers. She argued that the circular dated January 07, 2025 may have been issued, but the material on record only reflects its “ostensible existence,” without real implementation.
The petitioner has further relied on information obtained under the Right to Information (RTI) from the office of the Transport Commissioner and RTO Kashmir, stating that no actual inspections or penal actions were taken against violators and that no established public helpline exists for women commuters. She also questioned the effectiveness of the claimed RTO Flying Squads, asserting that no tangible material was provided to show any consistent ground-level enforcement.
Raising concerns over lack of coordination among agencies, the petition notes that responses received from the office of the Deputy Commissioner and the Traffic Police indicated that responsibility was effectively shifted to the Transport Department—reflecting a gap in inter-departmental coordination.
Citing data collected from 298 women at local educational institutions, the petitioner claimed that 85.6% experienced harassment or discomfort while travelling in public transport, and that a majority was unaware of any complaint mechanism.
On behalf of the respondents, Government Advocate Illyas Nazir Laway accepted notice and sought a short accommodation to obtain instructions and file a response. The Court accordingly adjourned the matter to March 04, 2026.
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