'Appreciate Plea for Common Woman': SC Seeks Centre's Reply in PIL for Safer Environment

New Delhi: The Supreme Court on Monday agreed to examine a plea seeking directions to frame pan-India guidelines for a safe environment for women, children and transpersons.

A bench of Justices Surya Kant and Ujjal Bhuyan issued notice to different ministries of the Centre and its instrumentalities and posted the matter in January, 2025.

The bench said the areas lacking in the implementation of "punitive and penal laws" needed to be seen. The notice was issued through the office of the attorney general.

"We appreciate you seeking relief for the common woman, who faces struggle in day-to-day life," said Justice Surya Kant.

Senior advocate Mahalakshmi Pavani, appearing for the petitioner Supreme Court Women Lawyers Association, said several incidents of sexual abuse against women taking place in smaller cities went unreported and were pushed under the carpet.

"After the RG Kar Medical College Hospital incident of Kolkata where a trainee doctor was raped and murdered, around 95 incidents of sexual violence have taken place but were not highlighted," Pavani said, "like Scandinavian countries, offenders should get punishments such as chemical castration".

She also sought a ban on the availability of free online pornographic content by implementing robust safeguards to prevent its dissemination.

The bench said though it will not entertain many prayers mentioned in the petition for being "barbaric" and "harsh", it would examine "some very innovative" issues.

Referring to one such issue, Justice Surya Kant said the question of maintaining proper behaviour in public transport was worth consideration and there was a need to create awareness when it came to travel in buses, metros and trains.

The do's and don'ts in public utility vehicles need to be publicised, he said.

"The issue of proper social behaviour in public transport should not only be taught but needs to be implemented strictly as there were some inappropriate incidents reported from airlines also," the bench said.

Pavani said Monday was the anniversary of the horrific 2012 Nirbhaya case, where a 23-year-old woman was gangraped and assaulted in a bus, succumbing to injuries later.

She said though guidelines were issued in many cases, and there were stringent laws and punishments, the looming question was over implementation.

The association therefore sought pan-India guidelines, reforms and measures for the protection of women.

The PIL said sexual crimes against women, girls and infants, reported across the country continued in different states.

"The recent Kolkata gangrape of young lady trainee doctor is only one amongst the many which has highlighted the deep-rooted ineptness, red-tapism, bureaucratic cowardice by the law enforcement agencies, political hooliganism, and the brutal, nefarious and grisly state of affairs concerning the safety of women in India,” it said.

The PIL said the harsh reality was that the country awakened when there was a media trial taking place only in a few horrifying rape cases that jolted and traumatised the public.

"It is urged that this court take judicial notice of these pressing issues and frame strict guidelines with sharper focus on its time-bound implementation to prevent such incidents," it said.

The petitioner sought the court to invoke the doctrine of parens patriae to safeguard the fundamental rights of women, children and the third gender encompassing their right to safety, a secured workplace, adequate sanitation, personal dignity, bodily integrity, and safe environment.

"The court bears an overarching obligation under the doctrine of parens patriae to serve as the protector and steward of its citizens' rights. Therefore, it is imperative at this juncture for the court to activate this principle to uphold and preserve the rights of the women of our country," it said.