Himachal Pradesh High Court rejects plea against 50% discount to women in buses

Legal Correspondent

Shimla, December 16

The HP High Court today dismissed a petition challenging the decision of the government to allow 50 per cent concession in fares to women passengers for intra-state travel in HRTC ordinary buses with effect from July 1, 2022.

While dismissing the petition, a Division Bench comprising Justice Tarlok Singh Chauhan and Justice Virender Singh observed, “A perusal of the notification issued by the state in this regard will indicate that the same has been issued in exercise of executive powers conferred upon the government under Article 162 of the Constitution. Till and so long the notification does not violate any provisions of the law, the same cannot be struck down, more particularly, bearing in mind and taking into consideration the spirit of Article 15 of the Constitution. Under such circumstances, the notification issued on June 7, 2022, cannot be held to be unconstitutional merely on the ground that it is causing financial loss to the petitioner, particularly when it is a policy decision of the government to give concessional travel to female passengers in HRTC buses.”

The court passed the judgment on a petition filed by a private transporter who stated therein that due to this concession, private transporters were suffering losses.

On the other hand, the state government contended that action of the state was in the larger public interest as against individual interest and did not, in any way, offend any constitutional provision or any of the statutory provisions.

While dismissing the petition, the court observed, “Our Constitution permits application of equality clause by grant of additional protection to the disadvantaged class so as to bring them on an equal platform with other advantaged classes of people. Such a class, which requires the benefit of additional protection, thus, cannot be discriminated. The concessions, as doled out by the state, are applicable only to female passengers.”

Decision in public interest: Govt

• A private transporter stated in his petition that due to the 50% concession in HRTC bus fares to women, private transporters are suffering losses
• The state government contended that the decision was in the larger public interest as against individual interest and did not, in any way, offend any constitutional provision