Shops and Establishments Security Act
By Talal Hussain Malik • May 13th, 2009 • Category: Misc, Worth A Second Look • 5 CommentsALL around the world, laws are formulated and regulated to protect the rights of citizens. Our Constitution and several major and minor Acts and Ordinances ensure protection of the public rights. A bird eye view of the law reveals that it covers almost every aspect, however nowhere is the true implication witnessed. Back in the year 1999, the then Man on Top for the time introduced Shops and Establishments Security Ordinance which got the status of Act with the 15th amendment. The Act calls for keeping security guards and installing CCTV cameras in the establishments like banks, work places and shops, etc.
The Act provides for payment of fine of up to rupees 15000 or imprisonment of 1 month and for repetition of offence it provides for sealing the shop/establishment. Even though, the Act had come into force in the year 1999, public at large remained alien to its existence. Interestingly, however, the Police department came with a surprise and started giving notice to the banks, establishments and shop owner to employ security guards and install CCTV cameras. Metropolitan banks and shops already fulfill the requirements of the Act, it were bank branches of small towns and villages where the bank managers received court summons in their name as a convict for not installing CCTV cameras.
Then came the turn of shop owners who received court summons for not keeping a security guard. Imagine a small town with few shops and a security guard in front. Police Order 2002 changed the fate of the Police department when cops were given new vehicles and were armed with arsenal like G3 Rifle. The sad aspect, however, is that crime rate has not decreased even with the Police department in a better position to handle the affairs and with the presence of law like Shops and Establishments Security Act it seems that opportunity has been provided to the Police department to relieve itself of its duties, patrol around with guns in their hands and ‘serve’ the nation.
If every shop owner has to manage for his own protection like this, then I think weapons do not suit in the hands of our cops and instead they should be wearing bangles.
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Mr. Malik, it’s my understanding that you are a lawyer by your academic & professional training, right? Now, you wrote above, “…… Our Constitution and several major and minor Acts and Ordinances ensure protection of the public rights. A bird eye view of the law reveals that it covers almost every aspect, however nowhere is the true implication witnessed.”
Could you, please, explain what is meant by “the true implication witnessed.” above ? Can you please make me understand the point you made there?
In additon to the above I need to be clear on this fact that crimes can not be prevented by mere arming of the police. Police can, at best, deter a potential criminital for a short time deferring it to some later time & opportunity. You will agree, hopefully, that you can not deploy a police van infront of every business and shop. For a relatively ‘crime free’ society, we have to provide a more just system where all the citizens are equal with equal rights & opportunities for education, employment (with wages reasonable enough to provide for basic necessaties of life). You must inculcate an overall sense of responsibility to each of us vis-a-vis others as well as a sense of right and wrong.
Aftab sahab, you are justified in not being able to understand those lines because the word ‘implication’ there is neither proper nor was intended to be written but an outcome of mistyping. I intended to say “however nowhere is the true application witnessed.” Meaning thereby, that we have the laws but are not being followed, take for example the Anti Smoking Laws, where do you see its strict obedience? Almost nowhere. Thanks for indirectly pointing out the mistake, which ought to have been done by the editors
Dear Malik Sahab, thanks for the correction / clarification. As far as our, your & mine, disappointments or even frustration is concerned regarding our laws / rules / regulations being so inefective. You certainly are right it does appear that notion ‘rule of law’ has become almost a joke here, unfortunately. However, like I tried to say above that we can not expect ‘law enforcing agencies’ to be the only ones responsible. Each & everyone of us is not only responsible to obey the laws but also make sure that none of us gets away after breaching a law and thus committing a crime. This is the duty of all law abiding citizens to discourage violation of laws, by staying quiet & indifferent we become an accomplice in the criminal activities (as I see it as an encouragement to criminals) . This is what is called ‘civil courage’ and this what has made many other societies and will make our society a better place. Let me bring to your attention my statement (conceit!!) above, ” You must inculcate an overall sense of responsibility in each of us vis-a-vis others as well as a sense of right and wrong.” The example you gave about ‘Anti Smoking Laws’ is a good example of our collective indifference in addition to ignorance and arrogance. Some of us stay idifferent to violation of the law, may be due to ignorance about its existence as well as our right to be protected from hazards of ‘pasive smoking’ in public places. The violator is violating the law either due to his ignorance about the law in addition to undue hardships he causes and perhaps outright arrogance which certainly can be corrected if we would collectively reisist the violation.
Please, comment and discuss frankly to enhance me.
Salam, Main ek shopkeeper hoon aur meri income max 10000 Rs/m hai, to kya koi soch sakta hai k main ek guard rakh loon aur jabke mujhe bhi dar hai ke koi mujh se din dehare gunpoint pe raqam cheen sakta hai. Jabke mere aaspaas aesa ho chuka hai sabzi waloon ko bhi nahin chora choroon ne.
Sab se zaroori baat jo mere khayal hai woh governance ki hai. govt ka apna faida ho tow raat-o-raat law banta hai aur amal bhi hota hai jese k sales tax ka law hi dekh lein medicine pe bhi lagoo hai janab. kahan consumer protection laws aur anti-smoking laws ki baat karte ho bhai.
Sari baat hai enforcement aur application ki hai jab apna faida ho to dande k zor pe raat-0-raat kanoon banta aur lagoo hota hai.aap nadra k office bahir lage pipes ko hi dekh lain zabardasti line banane pe majboor kiya jata hai. kuch to humari bhi ghltian hain lekin governance bhi koi cheez hoti hai.
Dua karo………
Aftab Sahab, there is a Latin quote that says Ignorantia juris naminus excusat, which means that ignorance of law is no excuse, that is to say, a person can be fined for violating the anti smoking law without a warning even if he is unaware of the law, but no one does that. But this is not it, we come across people in our everyday life who will not take into consideration how their smoking is hazardous to others’ health, let alone the consideration for law that no one cares about.