PIL Filed By Pune Based Law Student In Bombay High Court Over Unsafe Use Of JCBs During Election Rallies
PIL Filed By Pune Based Law Student In Bombay High Court Over Unsafe Use Of JCBs During Election Rallies ( Pic for representative purpose only)
In a public interest litigation (PIL) submitted to the Bombay High Court, Aparna Jatin Adhav, a Pune-based law student and social worker, has raised concerns over the increasing and unsafe use of JCB vehicles at public events, particularly during election rallies. The petitioner highlights that individuals often climb atop these machines without any safety gear, posing a significant risk to life and public safety.
The PIL, filed under Article 226 of the Constitution of India, seeks urgent intervention to regulate the deployment of heavy machinery like JCBs in public gatherings. The petitioner argues that such practices lack adequate safety protocols, such as helmets, belts, or insurance coverage, and has attached evidence, including photographs and videos, to substantiate her claims.
Below are the some instances Adhav has highlighted in the plea.
| Sr. No. | Date | Event Particulars |
| 1 | 13th May 2023 | Hon’ble CM Eknath Shinde Rally in Satara |
| 2 | 21st Nov 2023 | Activist Mr. Manoj Jarange Patil Rally |
| 3 | 4th Mar 2024 | Shri Ajit Dada Pawar’s Flower Shower via JCB in Shirur |
| 4 | 10th Aug 2024 | Mr. Raj Thackeray’s Rally Procession in Harsul with Flower Shower via JCB |
| 5 | 30th Aug 2024 | Mr. Suhas Kande MLA’s Welcome with 200 JCBs for Shiv Srishti Inauguration |
| 6 | 26th Sep 2024 | Mr. Bharat Gogawale JCB Welcome Event in TUTAWALI Village |
| 7 | 26th Sep 2024 | Mr. Bharat Gogawale JCB Welcome Event in TUTAWALI Village |
| 8 | 11th Nov 2024 | Ms. Shaina N C -Election Rally – Bulldozer entry in rally |
| No safety helmets, belts or other Safety gears worn by the person showering flowers atop the JCB Loaders used in these rallies. |
Adhav has named the State of Maharashtra, the Election Commission of India, the State Election Commission, the Maharashtra Transport Commissioner, and the Director General of Police as respondents. She contends that these authorities have failed to implement safety measures to prevent such hazardous practices, despite their legal and supervisory responsibilities.
The petition cites prior judgments, including the Bombay High Court’s 2014 ruling in the “Dahi Handi” case, which emphasized public safety during events involving physical risks. Adhav requests the court to issue directives ensuring time-bound action to address this issue and safeguard the public during such events.
The PIL references violations of laws such as the Motor Vehicles Act, the Disaster Management Act, and provisions under the Bharatiya Nyaya Sanhita, which mandate penalties for actions endangering public safety.
The petitioner stresses the urgent need for comprehensive guidelines to regulate the use of heavy machinery in public events to prevent avoidable accidents and ensure public safety. The matter awaits hearing in the Bombay High Court.
The PIL is being represented by Adv Jatin Adhav.
