'Ban Free Online Pornography, Castrate Rapists' : PIL Seeks Measures For Women Safety; Supreme Court Seeks Responses Of Union & States

The Supreme Court today issued notice to the Union and States on a public interest litigation seeking pan-India guidelines for safety of women. The PIL prays inter-alia for regulation of social behavior in public transport, ban on free online pornographic material and castration of persons convicted for sex offenses (against women and children).

A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, noting at the outset that some of the prayers sought are "barbaric" and might not get indulgence from the court. In response, Senior Advocate Mahalakshmi Pavani (for the petitioner) conceded that the prayers may be restricted, as deemed fit by the Court.

Respondent-Union of India was permitted to be served through the office of the Attorney General. The matter has been listed in January, 2025.

During the hearing, Pavani, who is the President of petitioner-Supreme Court Women Lawyers Association (SCWLA), urged that the petitioner is seeking pan-India safety guidelines, reforms and measures for the most vulnerable women - women on streets, etc. - who do not get justice. She argued that there are many stringent laws and punishments prescribed, but whether the same are being implemented is the question.

Acknowledging that some of the issues raised in the PIL are "innovative", Justice Kant said, "Some of the issues are very innovate, we strongly appreciate and admire. But some of the directions you are seeking are also barbaric. You are asking [relief] for the common woman...on the streets, in the society...who are vulnerable and those who face resistance in day-to-day life...one of the prayers you have asked for is to issue guidelines for social behavior in public transport...it's a very very innovative idea. It's extremely important. It does not only need to be taught, it needs to be displayed also - in buses, metros, railways, airport, etc."

At this point, Pavani contended that since the RG Kar rape and murder incident, 94 incidents have taken place, but the same have not been highlighted in the media. "Even media is one of the parties which actually trigger these kind of incidents...incidents which are happening in 2nd and 3rd tier cities are pushed under the carpet", she said.

Mentioning that in many other cases guidelines have been issued in the past, the senior counsel submitted that in SCWLA v. Union of India (2016), the Supreme Court gave a suggestion to the Parliament considering the menace of sexual abuse of girl children and pursuant to the same, POCSO Act came to be amended. She highlighted that in the said case, death penalty for child rapists and chemical castration was sought, and asserted that the bench look into chemical castration as one of the grounds.

In response, Justice Kant said that India being a society governed by rule of law, where in many cases, even principle of death sentence is not strictly applied, a lot of parameters will have to be kept in mind. "We will have to examine where are we lacking to achieve the object of the punitive and penal law. You have a principle, but despite that, you are not succeeding in it...so, there is something wrong not with the quantity or quality of punishment. There is something else...".

Pavani supplemented the judge's observation, saying there is laxity in implementation of the provisions on the part of investigating agencies.

Reportedly, the petitioner seeks a complete ban on online pornography and unfiltered obscenity on OTT platforms, claiming that easy access to pornographic material has a direct link with spurt in sexual offences across the country. Further, it seeks mandatory installation of CCTVs in workplaces, fast track trial of all cases pertaining to rape and sexual harassment of women, and prohibition on MPs/MLAs accused of crimes against women contesting elections until an acquittal order is passed.

"The Petitioner beseeches this Hon'ble Court to invoke the doctrine of parens patriae to safeguard the fundamental rights of women, children and the third gender in our nation, which encompass their right to safety, a secure workplace, adequate sanitation, personal dignity, bodily integrity, and a safe environment. It is humbly submitted that the Court bears an overarching obligation under the doctrine of parens patriae to serve as the protector and steward of its citizens' rights," reads the PIL.

Incidentally, the hearing of the PIL coincided with the 12th anniversary of the brutal Nirbhaya gangrape incident.

Case Title: SUPREME COURT WOMEN LAWYERS ASSOCIATION Versus UNION OF INDIA AND ORS., Diary No. 43648-2024