Today, On 16th December, The Supreme Court has issued a notice on a plea seeking pan-India safety guidelines for women, children, and the third gender. The petition also calls for banning free online pornography, citing its adverse societal impact. The court observed that such bans involve matters of policy and require government intervention.
New Delhi: The Supreme Court today issued a notice regarding a Writ Petition filed by the Supreme Court Women Lawyers Association (SCWLA) under Article 32 of the Constitution.
The petition requests comprehensive, pan-India safety guidelines and reforms aimed at protecting women, children, and members of the third gender.
The bench, comprising Justice Surya Kant and Justice Ujjal Bhuyan, ordered that the respondents be notified through the Attorney General of India.
This decision was made after the court noted that ASG Aishwarya Bhati, a member of the association, would face a conflict of interest if she represented the Union.
The bench suggested that she could serve as an amicus curiae in the case.
During the hearing, Senior Advocate Pavani Mahalakshmi, representing SCWLA, stated,
“We are seeking pan-India guidelines, reforms, and measures.”
Justice Kant remarked,
“You are seeking so many directions in the writ petition.”
Mahalakshmi responded,
“No, My Lords! It’s because I am seeking a comprehensive thing. It is a systematic, extensive reform which I am seeking.”
She also highlighted that today marks the 12th anniversary of the Nirbhaya case, asserting,
“Pornography is a theory, rape is the practice. I am seeking a ban on free online pornography.”
Justice Kant acknowledged the importance of the issues raised, noting,
“These (banning free online pornography) are policy matters.”
Mahalakshmi emphasized that while there are stringent laws in place, the real question is their implementation. She pointed out that there are eight respondents involved and commended the court for its attention to the issue of social behavior in public transport, calling it “extremely important.”
Additionally, she argued that media plays a role in triggering such incidents and expressed concern over how crimes in smaller cities often go unnoticed.
Justice Kant responded,
“We will make no comments on the media.”
The court has scheduled the matter for further hearing in January 2025.
The petition, filed through AOR Filza Moonis, highlights a troubling rise in crimes against women across various states, including West Bengal, Delhi, Uttar Pradesh, Rajasthan, Karnataka, and Maharashtra. It specifically references the recent gang-rape and murder of a 31-year-old trainee doctor in Kolkata, which has reignited public outrage and concerns about women’s safety.
The petition states,
“The heart-wrenching incident of gang-rape-cum-murder…has shaken the collective conscience of the country to the core and shows that nothing has improved since the 2012 Nirbhaya case.”
The SCWLA highlights the systemic failures of law enforcement, citing bureaucratic delays, political interference, and corruption as significant obstacles to the effective enforcement of stringent criminal laws. The petition argues that despite the introduction of laws following the Nirbhaya case, the lack of timely enforcement has emboldened offenders.
It also references specific instances, such as a 21-year-old gang-rape survivor in Uttar Pradesh who tragically committed suicide after police failed to register an FIR. These cases reflect the detrimental consequences of unchecked police discretion under newly introduced criminal laws, which the association claims have led to a “parallel justice system” detrimental to democracy.
Furthermore, the SCWLA critiques the central government’s “Beti Bachao, Beti Padhao” campaign, suggesting a shift in focus to educating boys for a safer environment for women. They propose changing the slogan to “Beta Padhao, Beti Badhao,” advocating for the sensitization of men to empower women. Relying on the doctrine of parens patriae, the association has urged the Court to act as the guardian of citizens’ fundamental rights, ensuring safety, dignity, and equality for all.
The petition calls for judicial intervention to address legislative and executive gaps, invoking the Court’s powers under Article 32 to establish enforceable guidelines until more robust legal measures are adopted. In its request, the SCWLA seeks strict, time-bound guidelines aimed at improving law enforcement accountability, ensuring victim protection, and addressing systemic inefficiencies, along with enhanced funding for safety initiatives and sensitization campaigns to foster a safer and more inclusive environment for vulnerable groups.
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