New Delhi, March 24 The Supreme Court on Monday granted additional time to the Union government to respond to a public interest litigation (PIL) seeking the issuance of pan-India safety guidelines, reforms, and measures for the protection of women.
A bench headed by Justice Surya Kant granted four more weeks to the Centre to file its counter-affidavit after additional time was sought by Additional Solicitor General (ASG) Aishwarya Bhati, the law appearing on the Union government’s behalf.
“Learned ASG seeks and is granted four weeks to file the counter affidavit. Meanwhile, if any suggestions are received, they may be collated and placed on record,” ordered the Bench, also comprising Justice N.K. Singh.
During the hearing, ASG Bhati said that the government is not taking this PIL as adversarial litigation and it will come with suggestions before the top court.
On December 16, 2024, Justice Surya Kant-led bench agreed to examine the plea and sought the response of the Union government in the matter.
"We will have to examine where we are lacking to achieve the goal of punitive and penal law. There is not something wrong with the quantity of punishment, but something else," the apex court had remarked.
Senior advocate Mahalakshmi Pavani, appearing for the Supreme Court Women Lawyers Association, said that the Parliament has enacted stringent laws but due to "unwillingness, corruption, and laxity in the police and administrative stakeholders", the timely and effective implementation of these laws doesn't take place and hence there is no fear among the criminals.
The PIL urged the apex court to take judicial notice and frame strict guidelines with a sharper focus on its time-bound implementation to prevent incidents of sexual violence against women.
Further, it beseeched the court to invoke the doctrine of ‘parens patriae’ to safeguard the fundamental rights of women, children, and the third gender in the country, including their right to safety, a secure workplace, adequate sanitation, personal dignity, bodily integrity, and a safe environment.
The plea highlighted the macabre surge of crimes against women, girls and infants, reported across the country specifically in Kolkata, Delhi, Bihar, Karnataka, Assam, Rajasthan, Uttarakhand, Uttar Pradesh, Tamil Nadu, Jharkhand, Odisha, Punjab, Maharashtra, Madhya Pradesh, Andhra Pradesh and other parts, at the hands of carnal delinquents, paedophiles, sex maniacs, and sexual offenders.
It referred to the heart-wrenching incident of gangrape and murder of a 31-year-old junior doctor in Kolkata of RG Kar Medical College and Hospital in the early hours of August 9, 2024, which has shaken the collective conscience of the country to the core and is a ghastly reminder to show that nothing has improved since 2012.
"The recent Kolkata gang-rape of young lady trainee doctor is only one amongst the many which have highlighted the deep-rooted ineptness, red-tapism, bureaucratic cowardice by the law enforcement agencies, political hooliganism, and the brutal, nefarious and grisly state of affairs concerning the safety of women in India. From Nirbhaya Rape Case to Abhaya, the brutality has only manifested into an animalistic expression against women," the petition said.
It added that instead of politicising sensitive issues, the government must pay more attention to the safety of vulnerable citizens and should increase the funds allocated for the security of women, children, and third gender.
"The harsh reality is that India awakes when there is a media trial which happens only in a few horrifying rape cases which jolt and traumatise the public," the petition said.
The PIL sought directions to schools to have gender sensitivity classes along with sex education and regular workshops by qualified child psychologists and counsellors where boys and girls are taught about biological changes in the body during their teenage years and how to handle these in a healthy manner.
It said that in view of the alarming rise in adolescent-related issues relating to lack of correct knowledge about gender equity, life skills, sexual harassment and abuse, legal ages for marriage, juvenile delinquency, etc., the governments should be directed to make efforts for the development and implementation of nationwide adolescent programmes.
In an order passed in January this year, Justice Surya Kant-led Bench asked the Supreme Court Women Lawyers Association to interact with the women lawyers practising in different parts of the country and invite their suggestions on the challenges/issues being faced by the women in their respective regions.
"All such suggestions may then be collated and placed on record," added the SC as it posted the PIL for hearing on March 24.
--IANS
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