Former ASG Pinky Anand has urged CJI Chandrachud to adopt critical reforms for better handling of sexual assault cases. Her recommendations aim to enhance justice and address rising concerns over women’s safety in India.
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NEW DELHI: In light of the horrifying Kolkata rape and murder case, former Additional Solicitor General Pinky Anand has reached out to Chief Justice DY Chandrachud with a formal request, advocating for immediate reforms to improve the handling of sexual assault cases in India. Anand, a legal expert with over four decades of experience, has made several critical recommendations to strengthen the justice system, particularly in addressing crimes against women. Her letter has garnered significant attention, especially in light of the escalating concern over women’s safety across the nation.
Proposed Legal Reforms to Combat Sexual Violence
In her letter, Pinky Anand proposed crucial reforms to the criminal justice system, focusing primarily on improving the collection and examination of evidence in rape and sexual assault cases. She emphasized the need for systemic changes that could not only expedite the judicial process but also ensure justice for victims in a comprehensive and compassionate manner.
One of her primary suggestions revolves around the use of Sexual Assault Evidence Kits (SAEC). Anand highlighted that these kits-
“Intended to systematically gather forensic evidence from victims, including swabs, containers, and forms for collecting hair, bodily fluids, and other materials essential for forensic analysis.”
could significantly enhance the efficiency of investigations. The lack of timely evidence collection has often been a barrier to securing justice in sexual assault cases, and the implementation of these kits would be a vital step toward overcoming this challenge.
Additionally, she stressed the importance of appointing Sexual Assault Nurse Examiners (SANE) to oversee the evidence collection process. SANE professionals are healthcare practitioners trained specifically to handle sexual assault cases. They not only gather forensic evidence but also provide immediate medical care and psychological support to victims. According to Anand, these nurses would ensure that victims are treated with dignity while gathering crucial evidence that could stand strong in court.
She explained that-
“SANE nurses are specially trained to gather evidence, deliver immediate medical and psychological care, conduct forensic examinations, and provide expert testimony in court. Their training also encompasses gender sensitization and awareness of unconscious bias.”
Establishing Rape Crisis Centres (RCCs)
Another key recommendation in Anand’s letter is the establishment of Rape Crisis Centres (RCCs) in cities, as well as in smaller towns and villages. These centers would provide holistic support to victims of sexual violence, acting as one-stop hubs where survivors could receive medical, psychological, legal, and even financial assistance.
Anand’s letter expressed the need for these RCCs to offer comprehensive care to victims, ensuring that they receive the help they need in every aspect.
“These centers would offer comprehensive support for victims, including medical, psychological, legal, and financial assistance, serving as a central hub for holistic care.”
-the letter stated.
By creating a safe space for victims, these centers would not only aid in the healing process but also encourage more survivors to come forward and seek justice.
Adopting Proven Global Practices
Anand’s proposals are not just theoretical; they draw inspiration from successful practices in other countries. She referenced policies that have been proven effective in other jurisdictions, suggesting that India should adopt these models to better address the grave issue of sexual violence. Her letter states that-
“The recommendations outlined above are inspired by successful, proven policies from other jurisdictions and are designed to complement the new criminal law framework.”
These reforms are intended to align with India’s evolving criminal justice landscape, particularly in light of new legislative frameworks aimed at addressing the safety and dignity of women. Anand’s suggestions come at a time when the need for a stronger, more efficient system to combat crimes against women is more pressing than ever.
Supreme Court Role and Call for Immediate Action
Anand also highlighted the critical role of the Supreme Court in protecting constitutional rights and values, particularly in cases involving gender-based violence. In her letter, she lauded the Supreme Court’s decision to take suo moto cognizance of the Kolkata rape and murder case, signaling the judiciary’s acknowledgment of the urgency and gravity of the situation.
“The Supreme Court, as the guardian of constitutional rights, has rightly taken suo moto cognizance of this case, underscoring the urgent need for laws and policies that address the seriousness of such issues.”
-Anand wrote.
This proactive approach by the judiciary serves as a beacon of hope for many who believe that India’s legal and institutional frameworks must evolve to effectively combat the rising tide of crimes against women.
Anand further stressed that immediate reforms are essential to prevent such tragic incidents from recurring. She pointed out that-
“It is essential for our legal and institutional frameworks to adapt to the magnitude of the problem, ensuring that such tragedies are prevented and justice is thoroughly served.”
In addition to her legal expertise, Anand’s letter is also a personal plea for change. She wrote from the perspective of a woman and a concerned citizen, using her extensive experience in criminal law to advocate for better protection and care for victims of sexual violence.
Anand’s letter concluded with a powerful statement, underscoring her long-standing commitment to justice and the betterment of society:
“I recently penned this letter as a woman, a concerned citizen, and a 43-year veteran of the Bar, including my service as an Additional Solicitor General and extensive experience in criminal practice.”
