Recently, the Supreme Court sought responses from the Central government and various States regarding a petition advocating stringent measures to combat increasing crimes against women, children, and transgender persons. Filed by the Supreme Court Women Lawyers Association, the plea proposed several reforms, including the introduction of chemical castration as a punishment for sexual offences and a “no bail” rule in cases of heinous crimes. The Court observed that there is a need to examine gaps in the existing punitive and penal laws to address the rising menace effectively.
The petition highlights the alarming surge in heinous crimes, including rape and sexual violence, across multiple States such as Uttar Pradesh, Karnataka, Maharashtra, and West Bengal. It also references the recent gang-rape and murder of a trainee doctor in Kolkata, emphasizing the failure of law enforcement agencies to ensure public safety for women and vulnerable groups. It was argued that the current legal framework and enforcement mechanisms have proven ineffective in deterring offenders. The plea calls for sweeping reforms to address gender-related violence, including the establishment of a National Sex Offenders Registry. Additionally, the petition advocates for the implementation of chemical castration for sexual offenders and a complete ban on unrestricted pornographic content. It also proposes gender sensitization programs in schools and the introduction of a mandatory six-month timeline for completing trials in heinous sexual offence cases. Furthermore, the plea seeks the introduction of a “no bail” policy for individuals accused of such crimes. Other suggested reforms include improved public infrastructure, such as ensuring proper toilets for women in public spaces, and the establishment of stricter ethical guidelines for police officers handling sensitive cases.
The petition, filed by Advocate Filza Moonis and settled by Senior Advocate Mahalakshmi Pavani, emphasised that the lack of stringent measures has emboldened offenders. It cited examples from international practices, particularly in South Korea and Indonesia, where chemical castration has reportedly reduced recidivism among sexual offenders. The petitioner also proposed introducing moral science and sex education in schools, along with martial arts training as part of extracurricular activities to empower students. Additonally measurs include robust adolescent education programs, installation of CCTV cameras at workplaces, and gender sensitization training for private cab service employees.
A Bench comprising Justice Surya Kant and Justice Ujjal Bhuyan noted the gravity of the issues raised and observed, “We have to see where are we lacking in punitive and penal laws.” The Court noted the critical and ongoing issue of rising crimes against women, children, and transgender persons in India, particularly highlighting heinous offences such as rape and sexual violence. The Court expressed concern about the inefficacy of the current legal framework and law enforcement mechanisms in effectively deterring such crimes. It acknowledged the alarming rise of sexual violence across various states, with particular reference to the gang-rape and murder of a trainee doctor in Kolkata, reflecting the failure of existing systems to safeguard vulnerable groups. The Court highlighted the urgent need for comprehensive reforms. It emphasised that a more robust and proactive approach is required to address the rising instances of gender based violence. The Court pointed out that while existing laws provide some form of protection their implementation has been inconsistent resulting in a lack of deterrence. The Court also noted tha the failure to ensure safety especially for women and vulnerable populations is an issue that needs to be tackled with greater urgency.
While the Court refrained from passing any orders immediately, it acknowledged the pressing need for reforms such as the establishment of a National Sex Offenders Registry and a swift justice system. Additionally, it highlighted the importance of incorporating gender sensitization and the introduction of moral science in school curricula as part of long-term solutions. It further noted the necessity of stringent measures, such as a “no bail” rule for offenders and timely completion of trials for sexual offences.The court also remarked on the role of public infrastructure and police conduct in preventing gender-based violence. Ensuring the availability of adequate facilities like proper toilets for women in public spaces and workplaces, along with setting clear ethical standards for law enforcement, was seen as essential in fostering a safer environment for women. The Court observed that these measures, coupled with legal reforms, could significantly contribute to reducing the prevalence of such crimes and enhancing the safety of vulnerable sections of society.
The Top Court issued notices to the Central government and States, seeking their responses on the proposed reforms. The matter has been scheduled for further hearing, during which the Court is expected to delve deeper into the proposed measures and their potential impact on combating sexual crimes in the country.
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