As a step to control eve-teasing in the state, MadhyaPradesh Chief Minister Shivraj Singh Chouhan has said that those indulging ineve-teasing would not be given driving licence, passport, character certificateand other government facilities.
A database of eve-teasers and those indulging in similaroffences would be prepared and appropriate action would be taken against them,the minister said. A toll-free telephone number for registering complaintsabout eve-teasing and misbehaviour would also become operational soon, headded.
Governance Now talks to legal experts to know how legallytenable the idea is.
Former solicitor general of India Harish Salve says that theright to passport or driving licence is part of the personal liberty. He says,“It cannot be denied unless you are disqualified by the law. Even if you amendthe law to introduce this clause, there is no connectivity between the issuanceof the driving license and the eve-teasing. The minister might be angry and I respecthis sentiments but you cannot overlook the democracy.”
Supreme Court lawyer Barnali Basak says there can be nodenial of the licence unless there is an amendment in the Motor Vehicle Act.“The Act does not mention any such provision, so it cannot be introduced unlessit is amended and this clause is added,” she added.
Supreme Court lawyer Manoj Kumar says that it does not seemto be tenable at all and in fact, if implemented, it will be violation of thefundamental right. “A right to passport is a right to identity guaranteed underthe constitution. It comes under the centre. Also if any state government wantsto restrict the issuance of driving licence that can be done through statute.It is not under the capability of chief minister to implement it just by givinga statement.”
Supreme Court lawyer Shweta Bharti agrees and says there isno legal basis of the statement. “Even if the person has a criminal record, theright to equality is still available to him. Driving licence comes under theMotor Vehicle Act, passport comes under a different law “ all these need to beamended to include such a thing. But then any one can come and allege abouteve- teasing and that person can lose the licence without even the crime beingproduced.”
Senior lawyer Rama Chary who deals in matters related toMotor Vehicles Act in Andhra Pradesh high court, says, “Eve-teasing is anirrelevant factor to be considered while granting of a licence and an applicantmay approach the human rights commission if the licence is denied on thisground.”
Women’s activists onthe other hand have hailed Chouhan’s suggestion.
Shweta Punj, co-founder of Whypoll, an NGO working onwomen’s rights and safety, calls it a step in the right direction. She says,“It is an innovative initiative and it will be interesting to see how it works.Not giving them license will work. But those who already have the licence, willit be impounded? And there are many people who do not have cars or two-wheelersto drive and indulge in such crimes. We’ll have to wait and see how it isimplemented.”
Ranjna Kumari, social activist and crusader for women’srights, says eve-teasers need to be seriously punished than just been beingdeprived from the access to driving licence or passport. “First of all there isnothing called eve-teasing, it is actually sexual harassment. And it is the beginningof serious offences and thus the punishment should be more severe,” she adds.
The driving licence, passport are not any rights but anecessity But is this step legally tenable? Disagrees Ranjna Kumari. She says,“An adult who knows driving has the right to get license. So just giving astatement in public won’t change the situation. There should be moresensitivity towards the issues related to women and severe punishment for suchcrimes.”
in association with Governance Now
