Mobile Courts may get extra powers

Three new clauses have been proposed to be added to the Mobile Court Act 2009 in a bid to empower executive magistrates. Under the existing act magistrates cannot mete out punishment to wrongdoers if they deny the offence. According to the amendments of this Act an executive magistrate leading a mobile court can punish or fine an offender based on the surrounding evidence and statements from witnesses even if the wrongdoer denies having committed the offense. The amended Act, if passed, could raise some misgivings amongst human rights activists and the general public.

The 2009 act was also aimed to curb food alteration, check sexual harassment and ensure that public exams are conducted properly. Such intentions are in the public's interest. But we have also noticed how mobile courts, in the recent past, have used the Act to arrest and hand out punishment to political opponents which does bring in the issue of human rights violation. Every offender has the right to a lawyer to defend himself or herself before a court. The Mobile Court (Amendments) Act 2015 will deprive the citizen from this basic right, giving scope for abuse of the act. 

It is important to note that on October 18, 2011, the High Court, in response to a writ petition, questioned the legality of mobile courts and asked the government to explain within four weeks why the provisions of the law that empowers executive magistrates to exercise judicial powers through mobile courts, should not be declared unconstitutional. The newly amended Act, which will be vetted by the law ministry before it is passed, does not provide for safeguards against the law being applied in an arbitrary fashion. We hope after examination the law ministry will not approve of provisions that will allow for abuse of the law.