Think all angles, then make comment, Mr CM

jasleen

Jasleen Kaur | November 22, 2012



Sometimes it becomes a tad risky to open your mouth without realising the consequences, especially if they are of the legal kind. Two things happen in such a scenario: you land in a fix, and end up with your foot right in your mouth.

Madhya Pradesh chief minister Shivraj Singh Chouhan must be feeling a little of both now. Barely a couple of days after the CM tried to win over women to his side by declaring that men found involved in cases of sexual harassment (the word primarily used in India is still ‘eve-teasing’, which sounds like a bit of gentle and harmless leg-pulling than the serious criminal offence sexual harassment actually is) would not be given driving licence, passport, character certificate and other government facilities, legal experts have pooh-poohed his position.

While many women, and women’s rights activists, supported Chouhan’s intention, taking the statement at face value, former solicitor general of India Harish Salve, along with most legal experts Governance Now spoke to, said the right to a passport or driving licence is part of one’s personal liberty and cannot be withheld that easily.

Addressing a function at the Gwalior trade fair on November 20, Chouhan had said that a database of “eve-teasers” and those involved in similar offences would be prepared and appropriate action would be taken against them. A toll-free telephone number would also be made up and running soon, enabling victims to register complaints of sexual harassment and misbehaviour, he had said.

Over to the experts:
Harish Salve, former solicitor general of India: “Passport or driving licence cannot be denied unless you are disqualified by law. Even if you amend the law to introduce this clause, there is no connection between issuing of a driving licence and eve-teasing. The chief minister might be angry and I respect his sentiments, but you cannot overlook democracy.”

Barnali Basak, Supreme Court lawyer: “Licence cannot be denied (to a person) unless there is an amendment in the Motor Vehicles Act. The Act does not mention any such provision, so it cannot be introduced unless it is amended and this clause is included.”

Manoj Kumar, Supreme Court lawyer: “A right to passport is a right to identity guaranteed under the Constitution. It comes under the (jurisdiction of) Centre. Besides, if any state government wants to restrict issuing of driving licence, it can be done through statute. The chief minister cannot implement it just by issuing a statement.”

Shweta Bharti, Supreme Court lawyer: “There is no legal basis to the statement (of chief minister Chouhan). Even if a person has a criminal record, the right to equality is still available to him. Driving licence comes under the Motor Vehicles Act, while passport comes under a different law — all these need to be amended to include such a thing (restriction). But then anyone can make an allegation about eve-teasing against any other person, and the latter can lose his licence without even the crime being proved.”

Rama Chary, senior lawyer dealing with matters related to Motor Vehicles Act in Andhra Pradesh High Court: “Eve-teasing is an irrelevant factor to be considered while granting a licence. An applicant may approach the human rights commission if his/her licence is denied on this ground.”

Shweta Punj, co-founder, Whypoll, an NGO working on women’s rights and safety: “It (CM’s announcement) is an innovative initiative and a step in the right direction. It will be interesting to see how it works. Not giving them (accused) licence will work. But will the state impound licence of those (accused and convict) who already have them? Besides, people who do not own vehicles are also involved in such crimes. What will the government do to punish them? We’ll have to wait and see how it is implemented.”

Ranjana Kumari, social activist, women’s rights activist: “Such offenders need to be seriously punished — more than just been being deprived of access to driving licence or passport. First, there is nothing called eve-teasing, it is actually sexual harassment. And second, it (sexual harassment) is the beginning of serious offences, so the punishment should be more severe.

“An adult who knows driving has the right to get licence. So just giving a statement in public won’t change the situation. There should be more sensitivity towards the issues related to women and severe punishment for such crimes.”

Comments

 

Other News

When Nandini Satpathy told Biju Patnaik: ‘I’ll sit on the chair you are sitting on’

Nandini Satpathy: The Iron Lady of Orissa By Pallavi Rebbapragada Simon and Schuster India, 321 pages, Rs 765

Elections 2024: 1,351 candidates in fray for Phase 3

As many as 1,351 candidates from 12 states /UTs are contesting elections in Phase 3 of Lok Sabha Elections 2024. The number includes eight contesting candidates for the adjourned poll in 29-Betul (ST) PC of Madhya Pradesh. Additionally, one candidate from Surat PC in Gujarat has been elected unopp

2023-24 net direct tax collections exceed budget estimates by 7.40%

The provisional figures of direct tax collections for the financial year 2023-24 show that net collections are at Rs. 19.58 lakh crore, 17.70% more than Rs. 16.64 lakh crore in 2022-23. The Budget Estimates (BE) for Direct Tax revenue in the Union Budget for FY 2023-24 were fixed at Rs. 18.

‘World’s biggest festival of democracy’ begins

The much-awaited General Elections of 2024, billed as the world’s biggest festival of democracy, began on Friday with Phase 1 of polling in 102 Parliamentary Constituencies (the highest among all seven phases) in 21 States/ UTs and 92 Assembly Constituencies in the State Assembly Elections in Arunach

A sustainability warrior’s heartfelt stories of life’s fleeting moments

Fit In, Stand Out, Walk: Stories from a Pushed Away Hill By Shailini Sheth Amin Notion Press, Rs 399

What EU’s AI Act means for the world

The recent European Union (EU) policy on artificial intelligence (AI) will be a game-changer and likely to become the de-facto standard not only for the conduct of businesses but also for the way consumers think about AI tools. Governments across the globe have been grappling with the rapid rise of AI tool

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter