Lokesh Mishra vs State Of Nct Of Delhi
2015 Latest Caselaw 6243 Del

$~1
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CRL. A. 768/2010 & CRL. M.A. 10037/2014
       LOKESH MISHRA                                          ..... Petitioner
                   Through:               Mr. K.K. Sharma, Sr. Advocate
                                          (Amicus    Curiae)     with      Mr.
                                          AjayVerma, Ms. Neha Singh, Mr.
                                          Ketan Luthra, Advocates
                              versus

       STATE OF NCT OF DELHI                              ..... Respondent
                     Through:             Mr. Sanjay Poddar, Sr. Advocate
                                          with Ms. Saahila Lamba, Mr.
                                          Govind Kumar, Ms. Pavni Poddar
                                          & Mr. Keshav Sharma, Advocates
                                          for WCD with Mr. Sushil Singh,
                                          Joint Director, WCD, Ms. Asha
                                          Gandhi, Deputy Director, WCD &
                                          Ms. Swati Sharma, Welfare
                                          Officer, Women Empowerment
                                          Cell.

                                          Mr. Ajay Digpaul, CGSC with
                                          Mr.A.K. Gautam, Ms. Rishika
                                          Katyal & Ms. Medha Arya, Advs.

       CORAM:
       HON'BLE MR. JUSTICE KAILASH GAMBHIR
       HON'BLE MS. JUSTICE SUNITA GUPTA
                    ORDER

       %            25.08.2015

KAILASH GAMBHIR, J. (ORAL)

1. As a society we have failed to discuss and hold discourse on gender sensitisation. A society can only progress if both women and men

are given equal status.

All this hints at the basic lack and a serious dearth of awareness and sensitization in our society. When it comes to imparting moral education in schools our country takes a backseat. This bias is further strengthened at home. Parents and elders have a huge role in shaping their child and to see what he grows up to become. The role of girls or mothers in the family differs from family to family and the saddening views on gender and lack of gender sensitization stems up in the minds of children from a young age when they see how the women in their family are treated. Education be it at home or in school has failed miserably and it is no surprise when the girl gets blamed for rape.

Vile views aired by people who are placed well in the society as to how a woman should give into the rapists demands. More than six decades of independence hasn't bestowed women the emancipation from such gender biases that they truly deserve. The change has to start from scratch and the schools and homes should not keep passing a buck rather the buck should stop here.

Real education starts at home. A child who grows up seeing his mother and sister treated with respect and equality would always grow up to have the same approach.

Media plays a vital role in moulding these rooted biases. They should come up with innovative programmes, plays and jingles, make effective use of all platforms be it audio visual or social network. Movies and TV has a great impact on people so why not put them to more productive use. Why can't big actors be roped in to create awareness and promote gender sensitization. Why can't we hold the best crime free

society or locality award where the safest society/ locality are felicitated by higher ups for being women friendly. Why can't men who roam around stalking women take up the cause of women and start patrolling or take up civic and safety issues with the concerned civic bodies. No amount of reforms can bring about a change till there is a sea change in the medieval mindset of our people towards our women.

2. In the present case, various guidelines were issued with a perspective to educate people about crimes related to women and how to curb them. The state has taken various measures in this direction, but the efficacy of these measures is still obscure and ambiguous.

3. Coming to the facts, an affidavit was filed by the UOI complying with the directions of this court issued vide order dated 30.04.2014 and judgment dated 12.03.2014 demonstrating effective and continued implementation wherein the various steps taken by MWCD to spread awareness amongst masses about schemes and acts and laws relevant to women and children (Ministry of Women and Child Development) were highlighted. Another affidavit was filed by GNCTD on behalf of Saumya Gupta, Director, Deptt. Of Women and Child Development, Govt. Of NCT of Delhi wherein in the affidavit the efforts initiated by the department in the form of nukkad nataks and putting posters at metro stations , buses and intersections etc. making aware the citizens of the stringent punishments for committing any kind of serious offence were enumerated. Various other affidavits have been filed by the department and their counsels, all with an object to advertise and create awareness amongst the general public at large. Three separate affidavits have been filed by the Govt. of NCT of Delhi referring to the very first Action taken

report dated 8th May, 2015 filed by the Department of Women and Child Development.

4. As per the latest affidavit filed by the Union Of India on 6 th of July 2015, Mr. Sanjay Poddar, Senior Advocate states that the Delhi Government has launched mass awareness and educative programmes through audio and visual medium for sensitizing the public in Delhi, with a view to create deterrence amongst the perpetrators of crime and to make the public at large aware about their rights regarding the punishment meted out for such sexual offences especially concerning women and children.

5. In the said affidavit it has been stated that the department has organized awareness camps in the form of street plays, motivational talks on the issue of women and child safety by expert speakers and written literature in the form of handbill/leaflet has also been distributed amongst the slums and jhuggi -jhopri area through Gender Resource Centre, Education Department, Mission Convergence Delhi Commission for Women requesting them to give vide publicity for creating awareness about the consequences for such crime against women and children. The Department has also placed on record copy of the handbills published and distributed amongst the slums and jhuggi - jhopri area. We questioned Mr. Poddar that if these handbills have reached the jhuggi - jhopri. Mr. Poddar on instructions from Mr. Sushil Singh, Joint Director, WCD, present in Court informed that the handbills and publicity material were not distributed in the Jhuggi - jhopri individually but was distributed only amongst people who attended the meetings arranged by the Department.

6. In this affidavit it has also been stated that the Department has

worked with a lot of creative agencies to develop effective Radio Jingles on issues of violence against women and children. The Department has also placed on record transcripts of audio messages along with this affidavit. These audio messages were also played in the Court. Counsel also submits that these Radio Jingles were aired between 10 th July to 7th August, 2015 and 15th August to 19th August, 2015 and in future also the same will be aired.

7. The stand taken in order to involve youth and citizens in developing creative content like short movie, the Department has proposed to hold an open and much publicised competition from general public including spirited citizens, students and professionals to show their ability in the form of poster designs, Radio Jingle, Scripts, short films on the subject of sexual offences against women and children and for each category there will be three prizes to be given to top three entries. When Mr. Poddar was enquired about the implementation of this programme, he stated that the same is likely to be implemented very soon as necessary financial approval has been received recently.

8. Further the Department has created account on social networking sites like Face book and Twitter to spread awareness among the youth about the issues concerning safety and security of women and children and with regard to its implementation , he added that this was started but had to be stopped in view of the directions given by the Central Government and now steps are being taken to engage the services of National Informatics Centre (NIC) which is a Government agency to spread awareness through social networking sites.

9. In para 5 of the affidavit, the Department has stated that the

meeting of senior officials of the Department was held with Sh. Ashok Arora, Advocate who has produced a short film 'Kasoor Kiska' on women safety and empowerment. After having met Mr. Arora, the decision was taken to screen the DVD of the said movie to create mass awareness on the issue of safety and security of women.

10. In the affidavit, it has also been stated that an awareness programme on crime against women and its punishments provisions under the law was undertaken by representatives of Mahila Panchayats of DCW for dissemination of information at a grass root level in the communities across Delhi on 7th May, 2015 at 11 a.m. where the said film 'Kasoor Kiska' was also screened.

11. In para 7, of the affidavit, it is stated that the campaign is being undertaken through outdoor media in public places to sensitize the general public about the nature of sexual offences concerning women and children and punishment meted against such offences of law.

12. It has been stated that the Government has taken cognizance of the lackadaisical response to the callers of 181 helpline and thus a show cause notice has been sent to the Consultant 181 helpline on 9th April, 2015.

13. Para 9 of the said affidavit divulges that to strengthen 181 helpline and to streamline its working in professional manner, an expression of interest has been prepared to be floated for augmenting the present system. It also states that approval for the same has taken from the Finance Department. To test the efficacy of the said 181 helpline, Mr. Ajay Verma, Amicus Curiae was again requested to dial the said number and it was noticed that the same remained busy for about more than five

minutes after having made two calls and thereafter the third call was materialised. Mr. Poddar submits that there exists a facility to receive three incoming lines and one is meant for outgoing.

14. Counsel also submits that presently the said helpline is running by a lawyer consultant Ms. Khadijah Faruqui, and very soon the same would be strengthened in an official manner and draft for expression of interest has been prepared to be advertised after its approval and finalization.

15. Vide affidavit dated 8th May, 2015, the stand was taken by the Government to strengthen and to streamline the working of the helpline, however its been almost three months and there is not much progress.

16. On perusal of all these affidavits, we are of the view that indubitably it is a difficult and time taking exercise, but we are extremely anguished to find that the progress on the other hand is very tardy and slow. If the fate of one helpline is as we have noticed, then we fail to fathom how any women or child in distress would have an immediate access to the said helpline.

17. It is this mindset that we are trying to change, but the entire effort will go down the drain if the progress is not fast and steady. Mass educational awareness programmes have been launched and time and again the directions have been issued in this regard, nevertheless, no effective growth is seen, rather it gives us an impression that the things are moving at snail's pace. The very first direction was given by this Court in the case of Beeru vs. State in Crl. Appeal No. 1079/2010 and relevant para of the said judgment is reproduced hereunder:-

"31. The barbarity of the offence of rape cannot be overemphasized, especially when we have witnessed the most

gruesome and horrific instances of the same in the recent past. The indifference that was created towards feral men with the quotidian reporting of rape was followed by a furore bringing the heinousness and depravity of the offence once again into the forefront, awakening the yet hitherto dormant attitude of the society. On flipping of the pages of the newspaper or the channels of the television, the only resonating sound is a new incident of rape. The argument being advanced is that the incidents of rape have increased manifold but in reality it is also due to the metamorphic change the society is undergoing, that of the new found willingness of the survivors to report the offence rather than being hapless victims like before. However in the face of this positive development, we cannot turn a blind eye to the fact that the consequences of this monstrous act remain as devastating as ever, but may be the societal prism which shamed and blamed the survivor has changed angles. The women as a whole, cutting across status, class, culture, creed or sex are a vulnerable group but a minor child is most susceptible of the lot. The tender years of innocence where the children are taught to have faith in the goodness of humanity and nurturing relationships with trust fall apart when the same child becomes a prey in the hands of the lusty and unscrupulous men. It is also brought to light by the recent statistics that the rapists are strangers also but are more often than not people known to the family or in a position to trust with the survivor. The present case is a sordid story of both the factors at play where the minor girl was raped by her own uncle. The beastly act of ravishing a child for exerting his position of male dominance and violating her physical and mental well-being, is attitude of a savage tribe and not of a civilized society. To fathom the aftermath of the sentience of the happening of such tormenting act on the person is to add yet another monumental blow to her dignity. In most cases that this court comes across, the offender is the sole bread winner of his family with parents, wife and children etc. to take care of. The remorse that sets in after the realization of the dastard act committed by him is put on a backburner and what is vociferated are the so call mitigating circumstances. The criminal who dared to indulge into such a venomous act now wants to walk way as he has to take care of his family and provide for them. The perturbing question that bedevils us is that was he unmindful of these 'mitigating circumstances' when he committed the act. The answer is an unfortunate affirmative

which brings us to the core of the problem, the mindset of the common man that the law cannot touch him and nothing will happen. This notion of the law being feeble and the offender being actually punished being remote is what needs a tectonic shift. The criminal law amendment act, 2013 has given a new ray of hope to the women and teeth to the law and should act as a deterrent. The need for every person to know the legal ramifications of his vicious acts is important, especially that of rape. The most potent tool is to educate the public of the new law and create awareness about the rights of the victims and at the same time the severity of the punishment of the offence committed. The men folk need to be gender sensitized from the very beginning from school to colleges to treat women not as sex objects but as an equal human being. The emboldening of the law should act as a deterrent to the prevalence of flouting the law with impunity. This can only be done through mass awareness and the media has a big role to play in this movement of great change in society. The print and television media, both public and private participants have to be partisans of this change. The government has to be the torchbearer to create the fear of law in the minds of the people that they have to think a million times before committing this immoral act. The common man should be daunted by the law and it can only come by ingraining in them the repercussions of their acts. Much has been achieved by the showing of the clipping in theatres of the harmful effects of tobacco and we suggest the same should be done to apprise the people of the new law relating to sexual offences. Such programs should be run on television and radio also. Everyone today has a mobile phone. Be it a rickshaw wala or a jhuggi dweller to the top- notch people in the society and, therefore, the people can be educated about these laws through SMSs as well.

32. Hence the appropriate Government Authorities are advised to consider our aforesaid suggestions and we earnestly hope that in the larger societal interest they will take effective steps in this direction or other steps as they find suitable to sensitize people and create awareness amongst them about the latest amendments and other laws dealing with the various sexual offences and the punishments provided for such offences. The Registrar General of this Court is directed to send copy of this order to the Secretary, Ministry of Information and Broad Casting, Secretary,

Ministry of Woman and Child Development and Lt. Governor of NCT of Delhi for necessary action at their end."

18. The aforesaid directions were reiterated by this Court in another

case in Ramher vs. State in Crl. Appeal No. 846/2010 and relevant

paragraph of the same are reproduced hereunder:-

"While committing an act as unsavoury as that of rape of his own minor child one not only forgets that it will destroy not only the life of the victim but his own life. The trauma attached as an aftermath of such acts not only victimises the immediate sufferer but also the offender. An act done in the moment of rage mutilates the whole family and every existing relation with the offender. The remorse that sets upon the offender subsequently cannot free the offender of the virulent act he committed. The question that perturbs us or rather desolates us by the recent alarming increase in number of rape cases how can an individual, even after the introduction of such stringent laws be ignorant of the consequences of his act. The moral obligation of repentance and self-condemnation seems to be diminishing in this era. It's high time when men folk need to be gender sensitized from the very beginning from school to colleges to treat women not as sex objects but as an equal human being. The emboldening of the law should act as a deterrent to the prevalence of flouting the law with impunity. This can only be done through mass awareness and the media has a big role to play in this movement of great change in society. Thus for the better implementation of these laws we feel that a joint endeavour is required to be made on the part of the society at large to create an awareness of the legal ramifications of their vicious acts. The most potent tool to create awareness is to educate the public of the new law and create awareness about the rights of the victims and at the same time the severity of the punishment of the offence committed. In this regard, we also gave directions in the matter of Beeru vs. State Criminal Appeal No.1079/2010. While emphasizing and reiterating the same, we advise the appropriate Government Authorities, Non Governmental Organisations, Bar council of India, various State Bar Councils, Bar Assemblies, Delhi Legal Services Authority and law colleges and institutes to take effective steps in this

direction to sensitize people and create awareness amongst them about the latest amendments and other laws dealing with the various sexual offences and the punishments provided for such offences".

19. Finally, in the case of Lokesh Mishra v. State of NCT of Delhi dated 12th March, 2014,the Court directed notice to the Government NCT of Delhi, Ministry of Women and Child Development, Ministry of Home Affairs, Ministry of Information and Broadcasting and also to the Secretary, DSLSA so as to know whether these agencies have taken a step forward to sensitize people and foster awareness in them about various sexual offences and the punishments provided for such offences, as already passed by this Court in the earlier two decisions and in pursuance to the said direction, if the respondents have placed on record any material pertaining to the various steps initiated by them to create these mass awareness programmes.

20. At the end we can only say that the numerous guidelines have not paved way for any noteworthy reform. We don't want these guidelines to remain mere words in black, without getting implemented in its true letter and spirit. The newspapers, TV channels etc are inundated with gory news of rapes and other crime against women. Even after the issuance of myriad guidelines, women are still unsafe in the city of Djinns. It pains to hear about stories of rape, sexual harassment, eve teasing being committed by the perpetrators of crime without any fear of law and order, let alone the fear of their conscience or creator.

People are still apprehensive about approaching the police and police is not considered to be even a last resort for help. They would rather be sufferers in silence than approach the police for assistance. This

mindset needs a major revolution.

Media has an imperative role. It is a mechanism to sensitize people and create awareness in them and on the other hand it should not be a tool for the victims to gain sympathy.

Police is one of the most important pillars, on which the foundation of a crime free state is set. The need of the hour is to develop faith amongst the people and one of its important protectors, the police. This effort has to be initiated from the departments end. Even as we grapple with serious issues and problems faced by women everyday in the capital, police continues to be evasive and are still not considered to be approachable by the victims. The last thought that a woman who is a victim thinks about is going to the Police. Police lacks sensitivity to deal with issues relating to women. It is an untoward actuality that police are not trusted in India. Also more and more documentaries and short movies must be made and displayed at every nook and corner of the society keeping in mind the issues at hand. There should be more innovative programmes organised in the localities involving the people and awards for the best performance should be kept.

21. Mr. Ajay Verma, Advocate has been assisting in these matters right from the very inception and later Mr. K.K. Sharma, Senior Advocate was appointed as an Amicus Curiae to assist in the matter. Both the governments i.e. the Government of NCT of Delhi and various other Ministries of the Central Government are duty bound to sensitize people and make a sincere endeavour that such kind of crimes which are perpetrated day in and day out, do not occur. It is a very sorry state of affairs that in the capital of the country, women do not feel safe and the

alarming increase in these crimes needs no mention. Unless the Government is serious at its ends, nothing can improve on this count.

22. Considering the fact that these directions were given in the nature of public interest and at the time of deciding the criminal appeals, therefore, we are not inclined to give any further dates in this matter but can only hope and expect from the Delhi Government and Central Government individually that they would make a sincere endeavour in handling these complaints according to the directions so issued by this Court from time to time. After all, both of them hold a major responsibility towards its country and the citizens and it is for them to take all necessary measures so that the citizens of Delhi and of the country especially women and children feel safe.

23. We are saddened by the sluggish pace at which things are moving, therefore, the cost of Rs. 2 lakhs imposed on the Government of NCT of Delhi vide order dated 21/05/2014 still subsists and the same shall be deposited by them with the Nirbhaya Fund as stated before within one month from the date of this order.

24. It is ordered accordingly.

KAILASH GAMBHIR, J.

SUNITA GUPTA, J.

AUGUST 25, 2015 nk