Kerala High Court

V. Ratheesh vs State Of Kerala on 28 June, 2021

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                               &
           THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                    WP(C) NO. 19077 OF 2016
PETITIONERS:

           V. RATHEESH
           S/O.DAMODARAN NAIR,
           VELUTHEDATH HOUSE,
           PALATH P.O., CHELANNUR,
           KOZHIKODE - 673 611.

           BY ADV SMT.BIMALA BABY



RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY THE SECRETARY,
           HOME DEPARTMENT,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695 001.

    2      THE ADDITIONAL DIRECTOR GENERAL OF POLICE
           (STATE CRIME RECORDS BUREAU)
           POLICE HEADQUARTERS,
           THIRUVANANTHAPURAM - 695 001.

    3      UNION OF INDIA
           REPRESENTED BY THE SECRETARY,
           MINISTRY OF HOME AFFAIRS,
           NEW DELHI-110001
   W.P.(C).19077/2016
                              2

   4       ADDL. R4. THE SECRETARY,
           WOMEN AND CHILD DEVELOPMENT MINISTRY,
           GOVERNMENT OF INDIA,
           NEW DELHI-110 001.

           ARE IMPLEADED AS ADDITIONAL RESPONDENTS NOS.3
           AND 4 AS PER ORDER DATED 27/06/2016 IN
           IA.9616/2016.

           R1 & 2 BY SR.GOVERNMENT PLEADER SRI. TEKCHAND
           R3 & 4 BY SRI. SUVIN R. MENON CGC


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
    W.P.(C).19077/2016
                                        3



                              JUDGMENT

Dated this the 28th day of June, 2021

S. Manikumar, CJ.

Petitioner has sought for the following reliefs:

"i) To issue a writ of mandamus or other appropriate writ or order directing the respondents to implement 'Nirbhaya Keralam Surakshitha Keralam', a project for the safety of women, forthwith or within such time as this Hon'ble Court may deem just and proper in the interest of justice;

ii) To issue a writ of mandamus or other appropriate writ or order directing the respondents to consider and pass orders on Ext. P5 within such time as this Hon'ble Court may deem just and proper in the interest of justice;"

2. Grounds raised in the writ petition are as follows:

"A. The inaction and lukewarm attitude of the respondents in effectively implementing the much-hyped 'Nirbhaya Keralam Surakshitha Keralam', a project for the safety of women, especially in the light of the recent brutal murder of 'Jisha' a Dalit woman of Perumbavoor is highly illegal, unjust and arbitrary and the same is liable to be interfered with by this Hon'ble Court.

W.P.(C).19077/2016

B. It is most humbly submitted that a comparison of Exts. P1 and P2 would reveal that reported cases on crime against women in the State of Kerala are on an increase. Exts P1 and P2 reveal only reported cases and there is large number of unreported cases also. The Government is bound to protect the women against such crimes and failure to do so is infringement of Article 21 of the Constitution of India.

B(i) With a view to overcome and tackle the said dreaded situation, the Union Government announced 'Nirbhaya' Fund in 2013 with a contribution of Rs.1000 Crores for empowerment, safety and security of women and girl children. According to the then Finance Minister, this fund was expected to support initiatives by the Government and NOGS working towards protecting the dignity and ensuring safety of women in India. Nirbhaya (fearless) was the pseudonym given to the 2012 Delhi gang rape victim to hide her actual identity.

C) The petitioner most humbly submits that in the year 2014, the project 'Nirbhaya Keralam Surakshitha Keralam' was launched in the State. The Government had appointed the 2nd respondent as a nodal officer for this project but the women have not received any benefit from this project so far. The project was a thorough failure and the culprits in the recent murder case of Jisha' a Dalit woman of Perumbavoor, are still at large. It throws light on the complete failure of the 1st respondent in implementing the much-hyped "Nirbhaya Keralam Surakshitha Keralam' project in the State W.P.(C).19077/2016

D. The project was launched with much fanfare in the early 2014. However, it eventually landed in soup allegedly owing to the apathy of the authorities as well as fund crunch. Incidentally, none of the officials and the ministry took interest in reinstating the project for the sake of the safety of women in the State. The Department had recruited several women volunteers to ensure round-the-clock safety for women, but all of them left the project after no intimation came from the Government side for starting the project. It shows the wilful negligence on the part of the 1 st respondent in implementing such a very important project for the safety of women in the State."

3. Assistant Inspector General of Police (Public Grievances &

Legal Affairs), Police Head Quarters, Thiruvananthapuram has filed a

detailed statement dated 7.1.2021, explaining the steps taken, in

implementing the Nirbhaya Keralam Surakshitha Keralam' project in the

State. The statement discloses the broader activities of the project,

viz., (1) Anti Human Trafficking Units (2) Cyber Crime Prevention

Against Women and Children (CCPWC) project (3) Emergency

Response Support System Project (4) Women Help Desks in Police

Stations under Nirbhaya Fund and such other projects implemented at

three a three tier level. The in statement dated 7.1.2021 it is stated

thus:

"2. "Nirbhaya" the central scheme to combat sexual violence and W.P.(C).19077/2016

sex trafficking on women and children, is being implemented in Kerala State under the Social Welfare Department as per the GO(MS)No. 39/2011/SWD, dated 23/8/2011. The Social Justice Department of the Government of Kerala formulated the Nirbhaya Policy in 2012 as per G.O. (MS) No. 17/2012 dtd. 13/03/2012 and constituted an Administrative Wing, the Nirbhaya Cell to put into action the Nirbhaya policy as per G.O. (MS) No. 20/2014/SJD dtd. 03/03/14.

3. It is submitted that as a major initiative the Govt. of Kerala, launched a flagship programme under the title "NIRBHAYA". The state wide inauguration of the same was conducted on 15.02.2014.

4. "Nirbhaya" is a comprehensive programme with multi stake holder convergence and action plan. The major objectives of the Nirbhaya Policy are :

 To prevent sex crimes and sex trafficking of women and children by community based campaigns and by putting preventive mechanism in place by addressing the root causes of this problem including empowerment of vulnerable groups, targeting contributory factors etc.  To protect victims of sex crime and sex trafficking by initiating strong corrective and remedial measures and providing an enabling environment of protective services by establishing a range of comprehensive victim protection services including One Stop Crisis Cells, Safe Shelters etc.

 To ensure a strong rule of law which will act as a very strong deterrent for such crimes and also to assist in prosecution by strengthening the existing 3 anti-human trafficking cells, initiating crime mapping, victim witness protection etc.

 To empower the victim to become a survivor through W.P.(C).19077/2016

various measures aimed at rehabilitation and also to reintegrate the survivors into the mainstream society.

 To initiate collection, collation and dissemination of information regarding sex crimes and sex trafficking by commissioning studies and research.

 This Project envisages empowerment of women from all classes in the society giving them training and in making them work closely with police department to report, prevent and take action on any or all instance of crime against women.

5. It is submitted that the pilot project was officially launched on 5 July, 2014 with 108 Nos of selected volunteers from Panchayaths, Municipalities and Kochi Corporation of Ernakulam District. An amount of Rs. 10,00,000/- towards the expenditure for the inauguration ceremony of the Nirhbaya Keralam Pilot Project in Ernakulam district was spent from the State Plan Scheme 2013-14. Nirbhaya Volunteers started serving in the Corporation limits of Kochi City in 74 wards. They are working satisfactorily for implementing the project and carrying out surveys and crime mapping at village level to find out vulnerable pockets, areas and homes where abuse against women and children, trafficking of women and children etc. through the concerned officers then and there. The modified Standard Operating Procedures for working of "One Stop Crisis Cell", has been approved as per the GO (Rt)No. 227/2016/SJD dated 25.04.2016.

6. The important activities of the project 'Nirbhaya Keralam Surakshitha Keralam' in different districts are summed up as follows:

a) The Anti Human Trafficking Units The Anti Human Trafficking Units are functioning in the State with the objective of preventing offences/instances W.P.(C).19077/2016

of human trafficking. The continuing awareness campaigns had shown good results. Monthly district wise AHTU meetings are being conducted with all stakeholders i.e.,representatives from Social Justice Department, Women and Child Department Orphanage Control Board, Tribal Welfare Department, Child Welfare Committees, Juvenile Justice Boards, Labour Department, Child line, Education Department and Forest Department in each district to review their activities and outline plan of action.

Government have accorded administrative sanction along with funds of Rs. 1.83 Cr, vide GO (Rt) No. 2401/2020/Home dated 15.10.2020 GO (Rt) No. 2401/2020/Home dated 15.10.2020, for the procurement of various items for setting up and strengthening of Anti Human Trafficking Units in all Districts of the State under "Nirbhaya Funds" which was approved by MHA. In order to strengthen the 9 existing Anti Human Trafficking Units (established during 2010-2015) with logistics and mobility, an amount of Rs. 108 Lakh (9 Units a 12 Lakh each) has been earmarked. The 9 existing AHT Units in Thiruvananthapuram City, Kochi City, Kozhikode City, Kollam City, Thrissur City, Kannur, Malappuram, Palakkad and Kozhikode Rural will be provided with various logistics/equipment and one Light Motor Vehicle utilising an amount of 12 Lakh each.

Besides an amount of Rs.75 Lakh has been earmarked for establishing new 5 AHTUS. Taking on account the statistics of AHT cases registered in the state, five districts such as Thiruvananthapuram Rural, Ernakulam W.P.(C).19077/2016

Rural, Kottayam, Wayanad & Idukki have been identified for setting up new AHTUS. The new AHTUS will be provided with the various logistics / equipment, one Light Motor Vehicle and two Motor Cycles each utilising an amount of 15 Lakh for one AHTU. In this connection, administrative sanction along with fund was given to the concerned District Police Chiefs vide PHQ Order No: H6-136895/2020 Dated. 29-10-2020.

b) Cyber Crime prevention Against Women and Children (CCPWC Project)

As part of the implementation of the project 'Cyber Crime Prevention Against Women & Children (CCPWC) for the financial year 2017-18, MHA has sanctioned the following amounts to the following components as detailed below under Nirbhaya Fund.

                       Amount
                                                                Government
  Component           Sanctioned             MHA Order
                                                                  Order
                     (Rs. in Lakh)
Setting up of the                                                G.O (Rt)
                                     Letter.No.25017/07/2017
 Cyber Forensic                                                No.2588/2018/
                        394.00           PM.11I/CIS dated
Lab cum Training                                                Home dated
                                            28.09.2017
     center                                                     07/09/2018
                                                                 G.O(Rt)
                                             Letter
Capacity building                                              No.479/2019/
                         29.00       No.25017/07/2017PM.III/
    training                                                   Home Dated
                                      CIS dated 12.03.2018
                                                                16/02/2019
                                     Letter.No.25017/07/2017     G.O(Rt)
Appointing Junior
                                         PM.III/CIS dated      No.479/2019/
 Cyber forensic          12.00
                                            22.03.2018         Home Dated
   consultant
                                                                16/02/2019
      Total             435.00

The fund has been allotted under the Head of Account 2055 Police-116-Forensic Science-98 setting up of Cyber Forensic Lab W.P.(C).19077/2016

cum Training Centre". Out of the total allocation of Rs 435 Lakh an amount of Rs.361.45 Lakh has been expended so far and remaining amount is committed.

c) Emergency Response Support System project

The Ministry of Home Affairs, Government of India has introduced a new project namely Emergency Response Support System (ERSS) to establish a Single Emergency Number '112* all over the country in place of all existing emergency numbers. ERSS is designed to address distress signals from Citizens in the form of voice call, SMS, e-mail, panic SOS request etc. to 112' and to provide assistance within the best possible time.

All the existing emergency numbers like 100 (Police), 101 (Fire & Rescue), 108 (Ambulance), 181 (Women & Child Care) etc. will be gradually integrated to the unique number "112". The MHA has made allotment of Rs.7,76,77,000/- to the State Government in three installments as detailed below:

Amount (Rs. in SI No MHA Allotment Letter and Date Lakh) 15011/19/2016-NERS(PM) Dated 1 675.01 30/03/2017 15011/19/2016-NERS(PM) Dated 2 58.26 31/03/2017 15011/19/2016-NERS(PM) Dated 3 43.50 19/07/2019 Total 776.77

Out of the total allotment of Rs.776.77 Lakh the Department have utilized Rs.7,02,96,694/- and rest is committed.

W.P.(C).19077/2016

d) Women Help Desks in Police Stations under Nirbhaya Fund

The Ministry of Home Affairs has approved a Scheme to give assistance to States & UTs for setting up / strengthening of Women Help Desks in Police Stations @ Rs.1 Lakh per Police Station. The Ministry of Home Affairs, Government of India has approved a scheme to give assistance to States & UTs Setting up/ Strengthening of Women Help Desks in Police Stations @ Rs.1 Lakh per Police Station. An amount of Rs.300 Lakh has been allotted under the Head of Account "2055-00-109-90 for Setting up/ Strengthening of Women Help Desk in Police Stations under Nirbhaya Fund. Government have accorded administrative sanction for the implementation of the above scheme in 300 Police Stations in the State under Nirbhaya Fund Scheme, vide GO (Rt) No.2185/2020/Home Dated 05/10/2020. On this basis, the sanctioned amount of Rs.300 Lakh has been transferred to all District Police Chiefs, Superintendent of Police, Railways & Anti Terrorist Squad Police Station on 17/10/2020 with proper guidelines for the purchase of essential furniture / other articles for implementation of the project for Strengthening of Women Help Desks in Police Stations.

e) In addition to this, an amount of Rs.1,89,000/- has been released by MHA in favour of DIG, KEPA, Thrissur for conducting 6 Online Mode Investigators & Prosecutors training courses on Women Safety under the scheme 'Nirbhaya Fund', during the financial year 2020-21.

7. As per the statistics available as on 31.12.2020 there are a total number of 566 Nirbhaya volunteers across the State. The district wise statistics among the police districts that in W.P.(C).19077/2016

Thiruvananthapuram City 50, Thiruvananthapuram Rural 50, Kollam City 156, Kochi City 110, Thrissur City 50, Malappuram 50, Kozhikode City 50 and Kannur City 50.

8. As stated earlier Nirbhaya project was initiated in Kochi Corporation limits in Ernakulam district. The volunteers serving in 74 wards of the Corporation and are working satisfactorily for implementing the project and carrying out surveys and crime mapping at village level to find out vulnerable Pockets, areas and homes where abuse against women and children, trafficking of women and children etc. through the concerned officers then and there. Kerala Police is trying the very best to reduce the crimes against women and children. At present the Women Cell and the Vanitha Police Stations of Kerala is very much active and proved to be very effective.

9. The implementation of the Nirbhaya Policy is envisaged at a three tier level;

i. Panchayath/Municipality and Corporation ii. The District Level Nirbhaya Committee iii. State Level Co-ordination Committee

10. The major activities under the project include:

i. Awareness Programmes

 Workshops have been conducted for School Counselors  Workshops conducted for functionaries of local self governing bodies & officials of Social Justice  Crime Mapping done by Kudumbashree on behalf of Nirbhaya.

 Workshop for strengthening of Jagrata Samitis conducted.  Sensitization programme for Nodal School teachers.

    W.P.(C).19077/2016



             ii.        Nirbhaya Shelter Homes

The Nirbhaya Cell has so far set up eleven Nirbhaya Shelter Homes in different districts of the State for protection of sex crime victims, as the victims are the prime witnesses in prosecution cases, and their safety and co-operation are indispensable to ensure that the perpetrators are brought to book. The Shelter Homes are managed by NGOs and funding for the same is released by State Government on quarterly basis. The funding extends to meet the entire needs of the residents including food, clothing, accommodation, education, medical, legal and all other special needs. The staff of the Shelter Homes is also paid by Government Minimum Standards of Care have been prescribed for the Shelter Homes and Government machinery is deployed to ensure that this is met with.

iii. One Stop Crisis Cells

The Government have upgraded the Bhoomika Centers of National Health Mission into 21 One Stop Crisis Cells in select Government Hospitals in all districts of the State. These One Stop Crisis Cells are managed by NHM in collaboration with Nirbhaya Cell provide succor to women in distress, in the form of medical aid, psycho social counseling, legal counseling & police aid etc. all under one roof."

Giving anxious consideration to the averments made in the writ

petition as well as the steps taken by the Government of Kerala W.P.(C).19077/2016

towards implementation of 'Nirbhaya Keralam Surakshitha Keralam' for

the safety of women and placing on record the statement dated

7.1.2021 filed by the Assistant Inspector General of Police (Public

Grievances & Legal Affairs), Thiruvananthapuram, we are of the view

that there is no need to issue any further direction in the writ petition.

Accordingly, writ petition is disposed of.

Sd/-

S. Manikumar, Chief Justice

Sd/-

Shaji P. Chaly, Judge sou.

W.P.(C).19077/2016

PETITIONER'S EXHIBITS

P1 TRUE COPY OF THE STATISTICS PUBLISHED BY THE STATE CRIME RECORDS BUREAU IN THE WEBISTE FOR THE YEAR 2007.

P2 TRUE COPY OF THE STATISTICS PUBLISHED BY THE STATE CRIME RECORDS BUREAU IN THE WEBISTE FOR THE YEAR 2015.

P3                        TRUE COPY OF THE STATEMENT OF
                          SMT.R.SREELEKHA, ADGP, STATES CRIME
                          RECORDS BUREAU.

P4                        TRUE COPY OF THE REPORT PUBLISHED IN

THE NEW INDIAN EXPRESS DATED 23.05.2016 UNDER THE CAPTION 'NIRBHAYA KERALAM' PROJECT REMAINS A NON-STARTER".

P5 TRUE COPY OF THE REPRESENTATION DATED 23.05.2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

// True copy //

P.A. To Judge