The notice was issued by a Bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, in response to a petition filed by Senior Advocate Aabad Ponda.
NEW DELHI: On Friday (13th Sept), the Supreme Court issued a notice in a Public Interest Litigation (PIL) calling for increased awareness of anti-rape laws in schools and broader society.
The notice was issued by a Bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, in response to a petition filed by Senior Advocate Aabad Ponda.
The PIL asserts that despite stringent anti-rape laws designed to deter such crimes, incidents of violence against women continue to rise.
It argues that merely increasing punishments for rape in response to these issues is not a viable solution. Instead, it suggests that true justice lies in bridging the gap between the existence of these laws and their effective communication and dissemination to all segments of society.
“It argues that responding to these situations by simply increasing rape punishments as a knee-jerk reaction does not address the underlying problem,” it states.
Senior Advocate Aabad Ponda contends that while states like Maharashtra, Andhra Pradesh, and West Bengal are advocating for mandatory death sentences in cases of rape and murder, such measures may not be effective. The petition questions the legality of severe punishments, noting that previous Supreme Court rulings have deemed mandatory death sentences unconstitutional.
The petition emphasizes that harsh penalties alone, including life imprisonment or death sentences, do not address the root causes of these crimes. It calls for a focus on altering societal attitudes toward women through education and awareness to combat the mindset that perpetuates gender inequality.
“It is crucial to first identify the root cause of this crime. Once this is achieved, the next step should be to implement measures that transform the mindset of a significant portion of the male population and instill a strong fear of the law,” the plea states.
The petition highlights the need to identify the root causes of such crimes and suggests measures to transform societal attitudes, including:
- Integrating penal laws related to rape and other offenses into school curricula, with or without sex education.
- Providing moral training to promote sexual equality and shift male attitudes.
- Educating the public through advertisements, seminars, and pamphlets about the penal laws concerning rape and other offenses.
- Utilizing advertisements, documentaries, short stories, and popular personalities to promote zero tolerance for rape and advocate for gender equality.
WB Govt Cabinet led by Mamata Banerjee also introduced “Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill 2024”, also known as the ‘Aprajita’ Anti-Rape Bill, which has been unanimously passed by the West Bengal Legislative Assembly. This legislation includes strict measures, such as mandating the death penalty for rape cases where the victim either dies or is left in a permanent vegetative state. The Bill’s approval follows widespread public protests in West Bengal, sparked by the brutal rape and murder of a young doctor at R.G. Kar Medical College and Hospital in Kolkata.
Despite legislative advancements and increased societal awareness in India, violence against women remains alarmingly high. Incidents of domestic violence, sexual harassment, marital rape, molestation, sexual assault, dowry-related crimes, and human trafficking continue to be prevalent. The primary drivers of such violence include deeply rooted patriarchal attitudes, economic disparities, and traditional cultural practices that perpetuate gender-based violence.
