Keywords: Supreme Court, PIL, women’s safety, sexual offences, public transport, online pornography, chemical castration, systemic reforms
The Supreme Court has issued notices to the Union Government and State Governments in response to a public interest litigation (PIL) filed by the Supreme Court Women Lawyers Association (SCWLA), advocating for comprehensive pan-India guidelines to improve women’s safety. The PIL underscores the inadequate enforcement of laws addressing sexual offences and calls for systemic reforms to protect vulnerable women in public and private spaces.
The petition by SCWLA seeks a wide range of measures aimed at addressing women’s safety concerns, including:
Senior Advocate Mahalakshmi Pavani, representing SCWLA, emphasized that while stringent laws already exist, their enforcement remains inconsistent. She highlighted the importance of innovative reforms such as public transport behaviour guidelines and linked the accessibility of online pornography to an increase in sexual crimes. Pavani also referenced past judicial interventions, such as the amendments to the POCSO Act in 2019, as precedents for effective legal reform through judicial oversight.
The bench, comprising Justices Surya Kant and Ujjal Bhuyan, appreciated certain proposals in the petition while expressing reservations about others. Justice Surya Kant noted, “Some of the issues are very innovative, and we strongly appreciate and admire them. But some of the directions you are seeking are also barbaric.”
The Court specifically highlighted its concerns over the proposal for chemical castration, pointing out that such measures may conflict with India’s constitutional principles and its identity as a rule-of-law society. Justice Kant remarked, “The issue may not lie in the quantum of punishment but in the laxity of implementation. Extreme punitive measures do not align with the principles of justice in a democratic society.”
The bench emphasized that systemic reforms, such as better enforcement of existing laws, public education, and visible messaging on social behaviour in public spaces, are key to addressing women’s safety. The Court suggested that public transport systems like buses, railways, and airports could serve as platforms for visible messaging and education campaigns to promote respect and safe conduct.
The Supreme Court has sought responses from the Union Government and all States, directing the Union to reply through the Attorney General’s office. The case has been listed for further hearing in January 2025. The Court also reiterated that any measures proposed must align with constitutional values and the principles of justice, steering clear of overly punitive or unconstitutional solutions.
This PIL raises critical questions about the systemic challenges faced by women in India, particularly with regard to the enforcement of existing laws. While the Court has acknowledged the innovative nature of some proposals, it has underscored the need for solutions rooted in constitutional principles and social justice.
Legal experts believe this case could set a precedent for holistic reforms aimed at improving women’s safety. By focusing on systemic changes rather than merely enhancing punitive measures, the Court appears to be steering the discourse towards sustainable and constitutionally compliant solutions.
As the matter progresses, the Supreme Court’s deliberations will likely address the broader challenges of implementing effective legal frameworks for women’s safety. The PIL not only highlights the urgent need for reforms but also raises important debates about balancing innovation, constitutional values, and justice in addressing gender-based violence.
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