Thursday, March 7, 2013

Sun Film ban- a shocker from SC

BPO employee gangraped in moving car in Gurgaon. Minor gang-raped in moving car in Greater Noida. Teenager abducted, gang-raped in car by landlord. MBA graduate allegedly gang-raped in car.  Woman gang-raped in car, dumped in south Delhi. Minor girls kidnapped on cars for trafficking.

An alarming rise in heinous crimes like sexual assault on women, kidnapping and dacoity seen increasing each passing day have impinged upon the right to live in a safe environment. All these project the poor state that our society is currently in. And worse, there hasn’t been any stopping even after numerous reforms and measures of safety and protection. The public aren’t as safe as they are assured to be. One such move that recently came in was the ban on sun film usage on cars throughout the country all at once. The government claims that this ban is meant to curb crimes committed using the opacity of sun film as a cover, though the advantage of sun film in this tropical nation cannot be ignored.

The Supreme Court of India banned* the use of sun-protection film based on ‘crime-on-wheels’ cases of recent times, citing shortage of policemen and the scarce availability of special devices which can measure the opaqueness of vehicle windows. However, there is no ban on the use of tinted glass with the same visual light transmission (VLT) level. Nor is there a ban on the use of curtains. Though recent claims of a case to be filed over ban on curtains and window shades are heard around.

Apparently, this has had an adverse effect on general public who have found the going very tough and disturbing. This ban is seen as unjustified and irrational by many who feel that this is yet another drive which would subside after a while.

If the verdict could actually help in bringing down the crime-rate, people shouldn’t complain about a little discomfort. However, this doesn’t seem to make much of a difference to the crime scenario. Rather the general mass is hit badly due to ever rising mercury. Sun Film industry worth Rs.150 crore is left in jeopardy. In addition to the rising cost due to over conusmption of fuel for AC workload, transparent windows lead to passengers being seen clearly, inviting unwanted attention of bikers and commuters. Far from protecting women; it only exposes them to more sexual harassment. And targeting cars with lone drivers for miscreants will thus become easier. Also a good view of the car’s interior increases the chances of burglary.

If the ruling does stand and the implementation is firm, then the logical step for all the auto manufacturers would be to provide tinted glasses within permissible limit of visibility at a premium. Also extend it to after-market for the current running cars. Further, special vigilance on stray cars, beefing up of Highway and city patrolling system, CCTV cameras, are certain other options to try and negate the crimes but is still a question of How and Where??? In lieu of giving a safer environment, the government has given a verdict which has rather caused a major concern among public which needs to be addressed immediately with a proper system.

Banning sun film use, asking women to avoid night outs, asking them to avoid provoking attire that calls for rape aren’t solutions. What we are witnessing is the government being reactive to law and order problems while what is required is a pro-active approach in eliminating the root cause of crimes. Easier said than done of course, but then isn’t the government meant for that!!!

Meanwhile women can wear burka if they are uncomfortable being ogled at.


Sarcastic comments that I came across:


# “I travel every day about 50 kms from home to office. Most of the private school buses, buses, infant travel vehicles have not yet removed the tint. On the other end I can now easily see who is in the other car and I can watch their move, see when the lady applies lipstick and when she combs her hair because the glass is transparent. Thanks to SC and RTO who gave us the opportunity to watch all this and get entertained on the road.”

# “Ironically, it remains the case that someone could draw the curtains, install detachable sun-protection shades, or tint his car windows – all of which are still permissible under the law – and rape someone in his car to his loins’ content.”


Disclaimer: This is in no way intended to dishonor the Supreme Court of India. Just a topic of arguments been discussed.

* (On April 27, the Supreme Court issued an order, effective from May 4, 2012, banning sun film on car windows, in response to a Public Interest Litigation (PIL) filed by a common man, Avishek Goenka.)

- DC

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