‘CCTVs can’t be made mandatory’
8 Feb 2013 7:06 AM IST
The municipal corporations’ plan to install CCTVs in all the shops in Delhi has now hit a legal roadblock.
In his advice to the commissioner of South MCD, the chief law officer (CLO) has said that the plan can’t be implemented without a law as it would be infringement on the right to earn livelihood, the fundamental right of the constitution. As the corporations don’t have the power to make such a law, the ball is in the court of Delhi government and Central government.
‘The CLO of the corporation has advised us not to make CCTVs mandatory for trade licence as it would be infringement on the right to earn livelihood, which is a fundamental right,’ said Manish Gupta, municipal commissioner of South MCD. ‘The corporation must have mandate for making it mandatory through a law and the enaction of such a law is beyond the jurisdiction of the corporation,’ added Gupta quoting the legal advise.
The 13 member special task force set up by the Union home minister, in which the municipal commissioners are also members, had sent letters to the civic bodies to make CCTVs mandatory for obtaining their trade licences. According to officers of the law department of the three municipal corporations, the order is just of administrative nature and is not valid legally.
Further, the political wing in the municipal corporations is also against this additional responsibility.
‘It’s completely a security issue and should be the responsibility of the Delhi police. We can request traders to install CCTVs for their security, but it will never be made mandatory for trade licence,’ said Rajesh Gehlot, Chairperson of Standing Committee in South MCD.
Interestingly, the municipal commissioner of North MCD who had issued guidance to the department concerned to ask shop keepers to install CCTVs in their shops has not mentioned in the proposal for the new trade policy, put up before standing committee for approval recently, to make it mandatory.
‘There is no mention of CCTVs in the new trade policy so no question of making it mandatory for trade licence,’ said Vijay Prakash Pandey, convenor of new trade policy and deputy chairperson of Standing Committee in North MCD.
In his advice to the commissioner of South MCD, the chief law officer (CLO) has said that the plan can’t be implemented without a law as it would be infringement on the right to earn livelihood, the fundamental right of the constitution. As the corporations don’t have the power to make such a law, the ball is in the court of Delhi government and Central government.
‘The CLO of the corporation has advised us not to make CCTVs mandatory for trade licence as it would be infringement on the right to earn livelihood, which is a fundamental right,’ said Manish Gupta, municipal commissioner of South MCD. ‘The corporation must have mandate for making it mandatory through a law and the enaction of such a law is beyond the jurisdiction of the corporation,’ added Gupta quoting the legal advise.
The 13 member special task force set up by the Union home minister, in which the municipal commissioners are also members, had sent letters to the civic bodies to make CCTVs mandatory for obtaining their trade licences. According to officers of the law department of the three municipal corporations, the order is just of administrative nature and is not valid legally.
Further, the political wing in the municipal corporations is also against this additional responsibility.
‘It’s completely a security issue and should be the responsibility of the Delhi police. We can request traders to install CCTVs for their security, but it will never be made mandatory for trade licence,’ said Rajesh Gehlot, Chairperson of Standing Committee in South MCD.
Interestingly, the municipal commissioner of North MCD who had issued guidance to the department concerned to ask shop keepers to install CCTVs in their shops has not mentioned in the proposal for the new trade policy, put up before standing committee for approval recently, to make it mandatory.
‘There is no mention of CCTVs in the new trade policy so no question of making it mandatory for trade licence,’ said Vijay Prakash Pandey, convenor of new trade policy and deputy chairperson of Standing Committee in North MCD.
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