Kochi: In a significant ruling, the Kerala High Court has permitted the use of sun control films on vehicle windows, provided they comply with approved regulations. Delivering the judgment, High Court Judge N Nagaresh clarified that authorities do not have the power to take legal action or impose fines for using such films if they meet the prescribed guidelines. The ruling came in response to petitions from a sun film manufacturer, a vehicle owner fined for using sun films, and a company that had received a notice from the Motor Vehicles Department (MVD) threatening to cancel its registration for selling these films.
The court referred to the 100th amendment of the Central Motor Vehicles (CMV) Rules, effective from April 1, 2021, which allows vehicles to use safety glazing instead of safety glass for the front, rear, and side windows. The safety glazing, as defined by the Bureau of Indian Standards in 2019, includes safety glass with plastic films applied on the inside.
The amendment mandates that front and rear windows must have at least 70 percent transparency, while side windows should maintain 50 percent transparency. Based on this, the court clarified that the use of sun control films, when compliant with these transparency levels, is permissible.
Despite objections from the opposing party, which cited the Supreme Court's previous ban on sun control films, the High Court emphasised that the ban was issued before the CMV rules were amended. The court also rejected the argument that only vehicle manufacturers are authorised to install safety glazing, upholding the right of vehicle owners to maintain glazing as long as it meets transparency requirements.
The High Court further quashed the notice issued by the MVD to cancel the registration of an Alappuzha-based firm and revoked the fine imposed on a vehicle owner for using sun films. The Supreme Court had banned all types of sun control films in 2012, following a petition by Avishesh Goenka, citing concerns over the use of dark films for criminal activities.
