Plea in Kerala HC against making the parents/owners liable for the offense of the minor in the MV Act
Last Updated on November 12, 2024 by Shianjany Pradhan
A petition was put forward in the Kerala H.C. that challenged the constitutional validity of section 199A of the Motor Vehicles Act., 1988, which penalizes the motor vehicle owners as well as the parents when minors commit the offenses.
Justice Bechu Kurian Thomas admitted the petition by directing the respondents to file a reply
The petitioner is a woman who owns a scooter. She had recently faced legal action when her neighbor’s son took her scooter for a ride, which was unauthorized.
She said the provision places unfair liability on the parents or the owners.
She also stated that no provision mandates the guardians to ensure that their ward complies with the Motor Vehicles Act.
It is an arbitrary presumption that the minor has received the guardian or the owner’s implicit consent, even when no such encouragement was provided.
This further infringes upon the property rights under Article 300 A of the Constitution of India, making the penalties unjust for them.
It also pointed out that the penalty of denying minors the license until 25 years of age is also unfair as it infringes upon their freedom of movement under Article 19(1)(d).
The petitioner has requested the court to declare section 199A of the Motor Vehicles Act, unconstitutional.
