New Delhi: The Supreme Court on Monday issued notice to various ministries of the union government on a petition seeking pan-India safety guidelines and reforms for the protection of women.
A bench of justices Surya Kant and Ujjal Bhuyan asked the Ministry of Home Affairs, Ministry of Law and Justice, and Ministry of Women and Child Development among others to file a reply to the petition filed by the Supreme Court Women Lawyers Association (SCWLA).
Senior Advocate Mahalakshmi Pavani appearing for SCWLA urged the top court to issue pan-India safety guidelines, reforms and Measures for the Protection of Women.
About The Case
The petitioner has sought various directions under the pan India implementation of ‘safety and security measures and guidelines/rules for Women’ for the protection of women all across the country.
The top court also observed that a few demands are innovative and important like social behaviour in public transport and it should be displayed in all transport forums.
Among other prayers, the petitioner has also demanded to initiate a complete ban on unrestricted free online pornographic content by implementing robust safeguards to prevent its dissemination.
From Nirbhaya Rape Case to Abhaya, the brutality has only manifested into an animalistic expression against women, the petition said and submitted further that instead of politicizing sensitive issues, the government as well as each politician must pay more attention to the safety of vulnerable citizens and should increase the funds allocated for the purpose of security of women, children and third gender community alike.
“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 traumatize the public. The slogan of the central government stating ‘Beti Bachao, Beti Padhao’ echoes the fact that women are unsafe in the womb and on the road, and therefore, the slogan needs to be changed to ‘Beta Padhao, Beti Badhao’ which sends the message that if men are literate and sensitive to women then women will be empowered to reach their respective goals and can live in a safe environment,” the petition said.
The petitioner urged the top court to safeguard the fundamental rights of women, children and the third gender in our nation, which encompass their right to safety, a secure workplace, adequate sanitation, personal dignity, bodily integrity, and a safe environment.
‘Court Bears An Overarching Obligation,’ Says The Petitioner
The petitioner submitted that the Court bears an overarching obligation under the doctrine of parens patriae to serve as the protector and steward of its citizens’ rights. Therefore, it is imperative at this juncture for the Court to activate this principle to uphold and preserve the rights of the women of our country.
“In the absence of effective legislation or executive action, the judiciary must step in to address any legal vacuums. The Court may even issue directives that resemble legislative action to safeguard fundamental rights until appropriate laws are enacted,” the petitioner said.
The petitioner also urged the top court that the Law Commission should look into bringing about changes that all sexual offenders should undergo chemical castration immediately upon arrest and be subjected to an immediate polygraph or lie detector test.
It is submitted that, in light of the global trend and success in reducing recidivism rates, chemical castration must be implemented in India as a mandatory punishment for sexual crimes. Various countries, including Russia, Poland, South Korea, Pakistan, Indonesia, Turkey, and at least eight US states, have already enacted laws permitting chemical or surgical castration.
“Considering the reported drop-in reoffending rates from 40% to between zero and 5% (Scandinavian research), and the need to protect vulnerable populations, particularly women and children, it is imperative that India adopts this measure. It is also urged that every convict under section 376 IPC and Section 63 BNS, 2023 shall be punished with life imprisonment and permanent castration in cases of horrendous rape and murder of female and child victims,” the petition urged.
Petitioner Demands An Immediate Set Up Of “The National Sex Offenders Registry”
The petitioner also demanded an immediate set up of “The National Sex Offenders Registry” which must be readily available on an online platform for easy access to all the women so that they can easily recognize such repeated sexual offenders and take precautionary measures accordingly as it is currently available only to the Law enforcement agencies.
Besides this, it also demanded that every school should 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 teenage years and how to handle them in a healthy manner, principles, values and ethics and to respect gender parity.
The petitioner submitted 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 petitioner further submitted that the installation of functional CCTV systems at every workplace and organization in our country is a pre-requisite for curbing the exploitation of women by her seniors and employers.
The petitioner also urged for a gender sensitization committee under the POSH Guidelines, 2013 in every government institution/office, public sector undertaking, hospital, court, library, women’s hostel, jail, prison, orphanage, nursing home, research laboratory, remand homes, sports academies/institutes, banks, waiting rooms at bus stations, waiting rooms/lounges at railways stations and airports, etc. to implement the directions issued by the top court in the recent case of Aureliano Fernandes v. State of Goa.
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