Blanket ban of Sun-films – Flaws in the premise of petition

Recently our Honorable Supreme Court issued a blanket ban on any sunfilms on the cars, even if it is within the legal limits permitted. This was based on a PIL filed by one Mr Avishek Goenka, based on the premise that cars with such films are used by the criminals for moving around and illegal activities and also in rape and crime against women. Interestingly, tinted glasses are allowed, but we are not allowed to add sunfilms on normal glass.

When myself and some of the people on social media tried to put across our point on the facebook page of Mr Goenka’s NGO – “ Save Aam Admi”  and point out our concerns and how his premise was wrong, the whole page was removed.

Today, Mr Goenka, has sent posts to many Traffic Police page, trying to answer some of our concerns.

His post and my reply pointing out the flaws in it follows

RESPECTED SIRS,

THIS IS TO DRAW YOUR VALUABLE ATTENTION, TOWARDS THE UNFOUNDED FEARS AMONG SOME OF CAR OWNERS, REGARDING THE VEHICLE BEING HEATED DUE TO ABSENCE OF BLACK FILMS AND OTHER APPREHENSIONS TOO AND HENCE I AM EXTENDING SOME NOTEWORTHY POINTS WHICH CAN EFFECTIVELY COUNTER THE APPREHENSIONS BEING EXPRESSED AGAINST THE MOVE TO BAN BLACK FILMS ON VEHICLE GLASSES AND THE SAME CAN BE SHARED IN THE FACEBOOK PAGES OF THE RESPECTIVE POLICE AUTHORITIES !!

*****BLACK FILM BAN – CLARIFICATIONS (PLEASE SHARE TO EDUCATE OTHERS) !!
1)) BLACK FILMS CONTRIBUTE TO COOLING OF VEHICLES – but firstly only those who use air conditioning, do pull up the glasses & air conditioning provides cooling any ways & further if cooling was an issue, then only silver & white cars would have sold, since they not only absorb the least heat and also increase night visibility of vehicles, hence making them least prone to accidents !! Further black films on glasses have been banned, but coloured glasses complying to (70%) front & (50%) side visibility are allowed.

So what you are saying is that it is ok to have colored glasses, but not colored films even if it confirms to the norm. His petition was based on the premise that it is dangerous to have color films, as police cannot make out what is happening in the car. So, how is it possible for people to make out what is happening in the car with colored glasses and not colored films which confirm to the norms of visibility?

2)) PRIVACY IS HAMPERED – privacy is about private places like homes & hotels, but not public places like roads.

I believe you are misunderstanding privacy here. We are not talking about the privacy factor which the young people in love desire, but the privacy on a whole. So, if the passengers in the car want to have some food, now it is possible to have it inside the car, with no one noticing it unless or until they really stare in. With no sun film, u will have people staring at what you eat. If you are travelling wearing jewellery, earlier it was not obvious, now a look and it is visible

3)) LAP TOPS & STEREO SYSTEMS ARE VISIBLE – both are portable devices & either can be carried at ease, to home or office or hidden beneath the car seats. It will also prevent the thief from opening the car out of curiosity as happens in case of heavy tinted glasses.

So u mean to say, I stop a car for some time to go to a shop or office for half an hour and you want me to carry music system with me? If i forget it, it is ok to lose it? And What is it about preventing the thief from opening car out of curiosity? You want us to help them making sure everything is out in open and save them the trouble of opening a car out of curiosity and not finding anything?

4)) WOMEN ARE UNSAFE WHILE DRIVING AT NIGHT – safety in public places is hampered because of factors which prevent public glare & not because of factors which ensure transparency. Only when there is absence of public glare – mobile phone conversation//drinking//immoral activity//movement of criminals//movement of illegal material//rape//molestation//k
idnapping – is facilitated. Any illegal activity happening in presence of transparency, is an exception hence not universally followed.
Measures are adopted keeping the universal norms in mind & not exceptions. Just because (1) person survived a free fall from a high rise, others too do not make a bee line.

You mention ” Measures are adopted keeping universal norm and not exceptions”. Can you please mention where is it universal norm to that all the activities like rape, molestation, kidnapping happens in cars with sunfilms? Wouldn’t these fall into the category of exception?

5)) CAR DECOR SHOPS WILL FACE DROP IN PROFITS – business will flow from selling coloured glasses instead of black films ..

Again having colored glasses is ok right? And u believe that the criminals are like us, middle class people, to not have money to go for colored glasses and carry on the afore-mentioned activities of yours? This also brings doubt in me whether the petitioner is in lobby with some of these car decor shops or sun film manufacturers to get a cut in their profit.

5)) … tomorrow if shops selling adulterated milk are shut will we protest ?? If these shops would not have mushroomed and sold illegal films in threatening proportions – the need of invoking a ban on black films, would not have arised.

Most idiotic premise i have heard, I am sorry to say this. To take into the same example you are giving, what you are doing is akin to telling that since some shops are selling adulterated milk, it should be made illegal to sell milk. The crack down has to be on these illegal films and not on the car owners having sun films within legal limits.

What we need to do is spread this message around just to show how much stupid the premise is and how Supreme Court is unfortunately wrong in passing this judgement.

Advertisements

41 thoughts on “Blanket ban of Sun-films – Flaws in the premise of petition

  1. Such a stupid decision !! .. I suspect that Avishek Goenka has tied up with some agreement with the sun film makes.. Sun film makes have to not appealed anything until now.. Which means that, people across the country will be forced to remove the sunfilms initially and then later these companies will go and approach supreme court to file the petition. After some point of time, entire country will go for sun films.. This will spike the revenue for all Sun film manufacturing companies where Avishek Goenka will get some share of the profit ( In crores).. Similar business like how Nirmal Baba does !!.. This is India !!!.. I’m surprised how come Hon’ble Judge of Supreme court Justice Kapadia gave this verdict !!.. Was his eyes tied ?

    • If they are going to revoke the decision then that stupid judge who does not have brains should be asked to pay the money to each and every individual who have been forced to remove the film and burn more petrol so people can survive in this heat. Moreover he does not have to remove the film as his vehicle has got tainted glass and even got z security.

    • Avishek Goenka is an idiot. What made him to file the PIL is a question that can never be answered. The issue of security can never arise, bombs can even be molded into any shapes. How about Mumbai, the terrorists came in Boats, did the Boats have sun control or it is a part of a security lapse. Let us take SUVs, how many people get killed on the road by SUVs, let us also include the Premium Segment cars. This judgement shows that this PIL is not a PUBLIC INTEREST LITIGATION but a POLITICIAN INTEREST LITIGATION not meant for the common man.

  2. Why should the court ban any film on the glasses? In a hot country like India, films are not just for privacy. There are advanced films these days that are like 90% transparent but do cut down the heat only.

    These films go a long way in reducing the A/C on time, increases the fuel efficiency of the vehicle. Govt should allow these films in a country where fuel is. very costly.

    Just because the government/police cannot buy luxometers to verify the transparency, passing a rule to remove any film on the glass is absurd. Particularly when they say a tinted glass is ok but a plain glass should not have any tinting.

    Look at how the Govt. has controlled the pollution. They have emission certification centers who check the vehicle every 6 months and issue a safe emission certificate. Can they not do a similar thing for this sun film transparency? Can users not get their sun films certified by RTOs or some checking authorities..?

    • i want to knw one thing.why shudnt we protest? Becauze family ppl are affected. See these people police wont catch terrorist n criminals even if caught they r given immediate bail. I think dey will remove this ban soon. Its a bloody game for profit. Very soon this ban will b removed by the same sc. See raja he is given bail now. When cops in india r sick why shud innocent indian tax payin citizen s suffer?

  3. Soon we would be asked to keep our house open to stop domestic voilence
    1. For cooling:- What a dumb, we want car to be cooled inside not outside, interior of car are same for all colored cars.
    2. For privacy we would be ased to only use bathroom.
    3. Why would I carry my laptop when I got chance to visit mall after office
    who carries laptop in mall
    4. Women molestors would be more happy, Imagine a girl going to party stopped in red light with all bikers around all staring at her.
    5. Thats the dumbest, sunfilm not allowed but colored glasses allowed, how does that make difference, common dude do something productive, join Anna Hazare against corruption.
    6. Illegal films were not allowed, stop vehicles with illegal films simple.

    Stop Moral policing, India has thousands of important issue to be resolved before.

    • Yea lokpal bil wont be passed and 9000 cr black money wont b brought bck to india and criminals will not b caught cuz copz r friends of criminals only indiN ppl like us shud suffer. If someone like annaji protesthl he is called a terrorist ncorrupt person. . .Stupid india man shame of being indian. .

  4. I doubt if this gentleman Mr. Avishek goenka has ever travelled in a car. He sounds totally baseless. This surely a gimmick to sell tinted glasses and the heroes behind the total ban on sun films have a huge cut in it. As long as 70% and 50% visibility as per norms are met with tinted glasses or sun film how does it matter. I do agree that black films have to be banned because i also hampers visibility of the driver at nights more when it rains.

    The real fact is that we live in a tropical climate and the heat is more. So with this ridiculous ban without a sun film (and the rise in pollution levels – god knows when they would check that seriously) we tend to use the A/C more resulting in higher fuel consumption which in turn increases atmospheric pollution. I hope this gentleman understands the current impact on the atmosphere which they are trying to increase. So this story of crime is just a vague reason. The inability to check or rather laziness to check people travelling in vehicles (without harassing them for which the person travelling in the vehicle and the cops have to co-operate. it cannot be a one sided exercise) cannot be used to harass common citizens.

    What i dont understand is how can you bring out a rule where 70% & 50% visibility is achieved only by using tinted glasses and not with either tinted glasses or sun films.

    Now if you are telling that there is no device to check visibility here’s some good news with common sense (i have been working with the automobile industry for over a decade) equipment is available starting from Rs.2500/- to Rs.10000/- a piece.

    My experience has taught me – Most of the the laws or acts are a game of grammar. Dear Advocates and lawyer friends let’s not harass people by playing this dirty grammar game to prove one’s intelligence. There are other ways to prove your intelligence.

    The law wherever or whatever it may be – rather be clear to a common man to understand. Hope this throws in some light on the ridiculous ideas that brought out this so called act/rule/order.

  5. I read the supreme court judgement on banning sun films at this URL:
    http://www.supremelaw.in/2012/04/avishek-goenka-vs-union-of-india-anr_27.html

    The whole case is made out on assumptions and premises. I don’t see the arguments based on a scientific / statistic based reasoning. It is claimed that in India the accidents are more with vehicles having sun films. Is there data on this? Is there data on the number of crimes that were unpreventable due to sun films, rather than other factors? What about the positive climate control aspects due to these sun films, and consequent reduction in fuel?

    There can be a better way to monitor / regulate / approve the films being used, rather than a blanket removal of all films on all cars in India. How can the SC accept to the petitioner without any other party to argue against? How is it fair for the rest of the nation? If ever the arguments of the pro-film folks (99% of the country ?) win an injunction, or quash this ban, will the petitioner or the SC and the police help in free re-installation of the sun films on all those stripped off vehicles?

  6. In today’s indian express, the article said 3300 cars were fined by police and they collected 3.3 lacs in fine.
    Added to this the police harrased ppl by tearing the sun film down.
    We need to seriously file a case against the SUPER VILLAIN Abhisekh Goenka and retrieve all these money and the sunfilm cost too.

    Lets join hand and sign the petition in change.org –

    http://www.change.org/petitions/the-supreme-court-of-india-reconsider-decision-on-a-blanket-ban-on-car-films?share_id=rkOjtBdAcj&utm_medium=facebook&utm_source=share_petition&utm_term=share_button_modal

  7. Mr. Goenka got publicity. Now he will get good grants for his NGO from people seeking campaigns for similar illogical, irrational motives. Mr. Goenka, please spend your energy and time for the real solutions to stop crime. Any common man can suggest you really effective solutions. You have the guts to win a case in Supreme Court but not the wisdom to fight for real cause. Traffic police got another reason to harass people, make money, and another reason to claim that they are making people abide by law.
    Car service centers got easy money to remove films, and accessory makers and dealers also got easy money to sell alternatives. We, the law abiding people, only suffer.

  8. Entire country’s administration seem to be loosing their minds!!!
    Who gets affected: only the ‘aam aadmi’
    And they talk about retaining talent within the country ….. Get a life!

  9. It is absolute hypocrisy to allow tinted glasses but ban the films… Its like implying people with expensive cars (read: with tinted glasses) do not account for any crimes, its only common man who accounts for crime!
    इस देश का कुछ नहीं हो सकता |

  10. If the Indian Govt punishes the arrested and proven terrorists like Kasab (immediately), then terrorism may take a different track. Instead, by banning sun films they will not reduce terrorism or criminal activities.

    Mr Avishek Goenka,
    Do you think Terrorists are those who appear like the villans in Indian Cinemas? Those bald headed people with long black jacket on them, so that you can just see and identify them? Even after arresting them, what will you ever do to them?

    In India, we have several streets in every city, where the street lights are not working. Now with this rule, you will let the robbers follow a car (driven by a female or elderly people) and rob them when they enter those dark streets.

  11. PLEASE ASK HIM TO BAN KNIFES,MARRIAGES,AIRCRAFT AS IT ALL COULD LEAD TO TERRORIST ACTIVITY AND DOMESTIC VIOLENCE

  12. 1) First of all please try to find out if this man Mr. Goenka or his relatives have any car accessories shop. I bet they have. If not he has done it to get publicity, nothing else. He must know that a single piece of green tinted window glass costs a bomb. it will be a thriving business even if the all time sufferer middle class cannot afford the rich will definitely go for it.

    “2)) PRIVACY IS HAMPERED – privacy is about private places like homes & hotels, but not public places like roads.” what the hell. then please file a PIL to demolish the road side toilets for ladies. Why do they need privacy in public places right?? I would like to ask him, how would he feel seeing any of his lady family member breastfeeding her baby in a car without sunfilm in a traffic jam with a few bikers around staring at her.

    Looking at his foolish answers I don’t think he had done enough homework to file the petition. Have you ever consulted any one who suffers from Sun induced allergy?? You should have consulted one person atleast. Moreover I pray to God If Hon’ble supreme court doesn’t reconsider or lift this ban may the almighty give you Sun Induced Allergy as a gift so that you can feel the pain these people suffer from.

    Has the crime rates like rapes, molestation etc have gone down in the country after the blanket ban Mr Goenka???

    It is the common people who are suffering in this 40deg+ summer, getting fined by police, humiliated. On my way to office today I was just cursing you Mr.Goenka. I am a person with Sun induced allergy. You can’t even imagine how badly I suffer from Sunburn. Well done and long live. File more such PILs so that you can be famous and become rich with curses from people like me.

    As Govinda used to dance in the song “It happens only in INDIA!!”

  13. Avishek Goenka doesn’t have car I guess so don’t the the value of sun film, now that he has made more money and publicity he’ll buy a BMW or a Merc and enjoy his life and we normal people suffer from all this.. How stupid is that supreme court judgement with out thinking much given the verdict. Its now that the crime rate would go high and lady travelers in cars suffer a lot. Bloody verdict. Avishek would have got more publicity and money from this and would have given some part to judge too for giving such a verdict.

  14. Is there a time limit for keeping a judgment reserved? I hope the court does not prolong the agony of lacs of people indefinitely.

  15. To point No. 5, .if shops selling adultrated milk are shut would you protest?…. It appears that the Supreme Court order means that big companies like Verka, Mother Dairy, Amul, etc. can sell water adultrated milk (say 50% to 70% of milk and the rest….) in sealed packets and not the Ramu or Shamu’s shop selling open milk. The earlier one is factory water (and…..) added and factory sealed and only the second type is to be called as adultrated. Either the court should have banned all types of tint, be it factory tinted glass ot film pasted tint. Both types of tints should have been treated at par.

  16. At least this ban has made the women of delhi feel safe while walking on streets. It was getting common for the criminals to pull a girl into car and rape her while driving .

    Police to population ratio is very low and they are presently very inefficient and corrupt. So think of this as emergency step which will be reverted back when things are better.

    In USA , many states have this ban . so later on other parts of india where street crime rate is low can be allowed such films .

    Its all about deterrent. All crimes are not getting reported. Ask any senior police office and he will tell you whether its better for the society or not. Its imperfect but it may save lives in north india.

  17. This judgement of removal of sun films from cars is the most idiotic decision ever. Congress has failed miserably and idiots r running the govt. Even the law minister himself is behaving like a criminal. What more can u expect in this country.
    I think the only work left with supreme court is to harass the citizens now.

    A few years from now, people born in india would be ashamed of being an indian as we are also behaving as iraq or taliban!

    Any idiot can put a petition but the people sitting to review the petitions should be a well worsed and an intelligent person.

    But i am sorry to say, the country has gone to donkey!

  18. It’s pathetic….I am scared to travel in my car now. As the cops are stopping and stripping every vehicle. It’s horrible to drive in a car with harsh sun rays coming in side the vehicle. Due to green house effect the vehicle is getting heated up like anything and interiors are also getting damaged when parked in sunlight. i dont think india is a free country anymore. its only rulled by a few families.

  19. hope your views on tinted glasses have changed. rapes in delhi as reason was mentioned by me at this blog and no one listened. People are not really aware of crime statistics in india. Now stop wasting time on internet and DO SOMETHING for YOUR NATION. Dont expect congress or bjp to do anything.

    • Isn’t the rule in force now. Has it stopped? Did it happen in a car? Why wasn’t the bus caught till now for this? Hasn’t the rapes increased post the rule being in force? Does this mean that sunfilm was not the primary reason?Answer these first Mr Sunny. Do u want more? Other day a friend and his wife were travelling in my car and in a traffic signal had to endure the lecherous stares of a few people around, which could have been avoided with the sun film.

      • so you support ban on tinted glass buses ? what happened to your friend’s wife is unfortunate. But it was becoming frequent in places like delhi to pull a girl in to car and rape while driving around. I would suggest you to get tinted glasses fitted in your car which is allowed. do check the amount of tint allowed on side glasses. Sun films have been banned due to frequent misuse on level of tint. New car buyers can request car manufacturers to give them the tinted glass. Its a great detterent as chances of car manufacturer putting very dark tinted glasses(which is illegal) is very very low as they are few in number and can be inspected by certifying authorities.

        • And i hope you know that this turned out to be a fake complaint by that girl. What i am asking is, has these incidents decreased with the new ban? No. Then there has to be something wrong somewhere else. Meaning you are trying to fix a wrong problem with an entirely wrong solution. Regarding tinted glasses – I am sorry, I am not that rich enough to go for those glasses. But that does not mean the ladies of my house has to bear the lecherous stares whenever i stop my car. This land is not only for the rich.

          • “And i hope you know that this turned out to be a fake complaint by that girl. ”

            Where did you read the claim was fake ??!! i could not find any news that says that claim was fake. plz provide link of the news. Thanks.

          • “What i am asking is, has these incidents decreased with the new ban? No ”
            How do you know for sure !?

            “..lecherous stares”
            do the same as while travelling in buses, trains,scooter, walking on roads etc. Road is a public place. There are indeed some shameless people who stare in public and might rape/molest in private. I just want that such people dont pull girls in car and rape them. They needs to be gender sensitized.

            You still did not answer my question abt public transport …

            • With due respect to every ones comment
              I am born and brought up in New Delhi
              starting driving at very early age
              I was habitual driving with tint and I posting against the decision in d same blog
              but right now somehow I feel it’s not only us good people but thr r so many bad people out thr who just don’t care about nything and somehow I feel Delhi and NCR is more safer then ever before
              it’s just d matter of time and things will get better some day

    • hey first understand that there are very dark suncontrol films which may help crime happen in a car and there are light sun control films which in no way can help crime happen in a car. And the dark suncontrol films were always illegal even before this particular supreme court ruling. And no body is asking for these to be made legal. What people are asking for is the lighter suncontrol films to be allowed. In the Delhi rape case it was the very dark films. No body is asking for this kind of films to be allowed

  20. Sunny is so funny. I do not know if you are super villain Goenka. Incident like this is happening even after the sun film ban. So cut the crap.
    Get some brain.

  21. if tints of my car which are as per earlier law and are paid for with Hard Earned money are removed, i will convert to Islam become a maulana and issue a fatwa against this goenka

      • I am an Indian, but I am not the guy who put in that comment. For that matter i own this blog, so i don’t have to come in some one else’s disguise to post here.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s