KOCHI: A 30-year-old woman from Kozhikode, who owns a scooter, found herself in legal trouble after her juvenile neighbour took her scooter for a joy ride. She has been charged with violating the Motor Vehicles Act. In response, she has approached the High Court challenging the provision that holds parents, guardians, or vehicle owners responsible for minors driving without a licence.
Section 199 A of the Motor Vehicles Act states that if a juvenile commits a motor vehicle offence, the parent or guardian of such juvenile or the owner of the motor vehicle shall be made liable and proceeded against as per law and punished accordingly.
Challenging the provision, Limna of Kozhikode, filed the petition and the court issued notices to the central and state governments. Under the provision, the registration of the vehicle which the minor was using can be cancelled for six months. Further, the juvenile won’t be given a valid driving licence until the child attains 25 years.
According to Limna, such use of power is unconstitutional as the provision itself is liable to be struck down. It provides for disqualification of a juvenile who commits an offence under the Act as well. The same violates a minor’s Fundamental Rights. The right to equal opportunity of the minor in employment will be affected by the same. In certain public employment where the age of the applicant for recruitment is 21 or above, he is qualified to obtain the job only if he has a driving licence. A person who is stated to have committed an offence under the Act will be unable to participate in the recruitment and earn a living until he attains 25 years of age.
She said the vehicle so used is invariably made subject to cancellation of its registration whether the offence is committed in connivance with the owner or not. Such provision amounts to violation of the right under Article 300 A of the Constitution.