'Ashamed To Hear Frequent Cases Of Sexual Violence Against Women' : Supreme Court

The Supreme Court on July 21 orally remarked that it feels "ashamed" to hear frequent cases of assault on women, including the recent incidents where women have been burnt alive. The Court was hearing a writ petition seeking a strict time-bound implementation of the laws protecting and safeguarding women from sexual offences. 

The writ petition, filed by the Supreme Court Women Lawyers Association, seeks the issuance of 'Pan-India Safety Guidelines, Reforms and Measures for Protection of Women'. It also asks for a change in the laws by allowing all sexual offenders to mandatorily undergo chemical castration immediately upon arrest and then be subjected to an immediate polygraph or lie detector test. 

"It is also urged that every convict u/s 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.There must be an immediate set up of "The National Sex Offenders Registry" which must be readily available on online platform for easy access to all women so that they can easily recognise such repeated sexual offenders and take precautionary measures accordingly as it is currently available only to the Law enforcement agencies," the plea said. 

Before a bench comprising Justice Surya Kant and Justice Joymalya Bagchi, Senior Advocate Mahalakshmi Pavani appeared for the petitioner. When Pavani submitted that only day before yesterday, a girl was burnt alive, Justice Kant remarked that the Court is equally concerned about these issues. 

The Court, however, did not hear the matter as the counter filed by the Union was not on record. Posting the matter on Thursday, the Court suggested to the Additional Advocate General Aishwarya Bhati that the Union must not consider this as "adversarial litigation" and find both long-term and short-term solutions for the problem. 

Justice Kant said: "Just examine possible solutions-which are comprehensive directions which can be effectively issued to make sure the impact we want to leave should be there...so many voiceless people in remote areas, see what we can could for them. Wide publicity may not work out for them, let's accept these ground realities. what is the modicum for them?"

He also said that only when the tragedy takes place, people wake up to finding solutions. "This is what is inherently wrong in the system."

Justice Kant suggested appointing villagers, who are educated, as paralegal workers in order to bridge the gap of accessibility in terms of justice. He had made these suggestions in the backdrop of ASG Bhati suggesting that now every district has One Stop Centres. 

Justice Kant said that villages now have reservations for the election of women sarpanch in Panchayat. He asked why those women can't take the role of paralegal workers as well. 

The writ petition states that despite the changes and amendments brought in the rape laws, such as by the 2013 JS Verma Committee, some of the brutal rape incidents, such as the Unnao rape case, Kathua rape case, Hathras gangrape case etc, have taken place. a

"The petitioner beseeches this Hon'ble Court to invoke the doctrine of parens patriae to safeguard the fundamental rights of women, children, the third gender in our nation, which encompasses their right to safety, and a safe environment...Parliament has stringent laws in place 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 then there is no fear among the criminals. It is urged that this Court takes judicial notice of these pressing issues and frame strict guidelines with a sharper focus on its time-bound implementation to prevent such incidents".

Case Details:  SUPREME COURT WOMEN LAWYERS ASSOCIATION v. UNION OF INDIA AND ORS.|W.P.(Crl.) No. 526/2024