The Supreme Court has issued notices to the Union and States on a Public Interest Litigation (PIL) filed by the Supreme Court Women Lawyers Association (SCWLA) seeking nationwide safety measures for women. Among the requests are guidelines for public behavior in transport, a ban on free online pornography, and harsher punishments, including castration, for those convicted of sexual offenses against women and children.
A bench of Justices Surya Kant and Ujjal Bhuyan acknowledged the relevance of several issues raised but termed some suggestions, like castration, as “barbaric.” Justice Kant noted that the call for behavioral guidelines in public transport was particularly innovative and necessary. He stated such measures are essential to ensure women’s safety and respect in daily life, adding that these values should also be visibly displayed in spaces like buses, metros, and railways.
Senior Advocate Mahalakshmi Pavani, appearing for the SCWLA, emphasized the need for urgent reforms to protect women who are vulnerable to harassment and abuse, particularly in public spaces. She pointed out that despite stringent laws, their implementation remains inconsistent, leading to continued crimes. Pavani cited laxity on the part of investigative agencies as a significant factor contributing to the failure of current measures.
The PIL also seeks reforms like banning unfiltered obscenity on OTT platforms, mandating CCTV installations in workplaces, fast-tracking rape and sexual harassment cases, and barring MPs and MLAs accused of crimes against women from contesting elections until acquitted. The petition highlights the increasing connection between easy access to pornography and the surge in sexual offenses.
The bench, while appreciating the petitioner’s efforts, expressed reservations about adopting extreme measures like castration, noting that such steps may conflict with the rule of law. Justice Kant observed that improving implementation and addressing systemic issues might be more effective than increasing the severity of punishments.
The petitioner invoked the doctrine of parens patriae, urging the court to safeguard the fundamental rights of women, children, and marginalized genders, including their right to dignity, safety, and bodily integrity.
The notice comes on the 12th anniversary of the Nirbhaya gangrape case, which underscored the need for stronger safeguards for women. The court has listed the matter for further hearing in January 2025.
Case Title: Supreme Court Women Lawyers Association v. Union of India and Others
Diary No.: 43648-2024
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