Bizwoman freed from husband’s shadow

A woman entrepreneur should not be denied registration for government contracts because her husband had faced criminal prosecution, the Supreme Court has stated while quashing the judgment of the Allahabad high court which took a contrary view. In this case, Manyata Devi vs State of Uttar Pradesh, the woman was the proprietor of M/s Krishna Construction which was a governmentregistered firm. When she applied for renewal of the registration, she was asked to submit a solvency certificate and a character certificate from the district magistrate. The magistrate denied the character certificate because her husband was involved in certain criminal cases. She moved a writ petition in the high court, but was unsuccessful. On appeal, the Supreme Court stated that the high court was wrong and observed that the magistrate was swayed by extraneous considerations. It also noted that her husband had been acquitted in all cases. The judgment added: “It is difficult to appreciate how criminal cases against the husband could possibly deny her a certificate of good moral character.” The court also found that the magistrate “invented fresh reasons for denial of certificate”, like lack of experience in contract works. The state government argued that character certificate was insisted upon as there was a “contractor mafia” and criminals should be kept out of government contracts. She was a proxy for her husband as he could not apply due to his criminal background. The Supreme Court stated that though these arguments could not be faulted, it should not be achieved by a side-wind. It also underlined that it was not the magistrate, but competent authorities who should determine the suitability of contractors. If the ground situation in UP is so bad, the government should strengthen registration procedures. The court directed the magistrate to reconsider the woman’s application for a character certificate.