Prevention Of Eve-Teasing: Calcutta High Court Directs State To File Report Detailing Steps Taken In Plea Seeking Implementation Of 2012 SC Guidelines

The Calcutta High Court has called for a report in the form of an affidavit from the State of West Bengal, detailing the steps taken in implementing guidelines to prevent eve-teasing, issued by the Supreme Court in the 2012 case of Deputy Inspector General of Police v S. Samuthiram (CA 8513/2012).

The division-bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya also directed the State to submit which steps were yet to be implemented and the time frame which would be required for implementation of the same. 

The guidelines issued by the Apex Court were as follows:

1) All the State Governments and Union Territories are directed to depute plain clothed female police officers in the precincts of bus-stands and stops, railway stations, metro stations, cinema theatres, shopping malls, parks, beaches, public service vehicles, places of worship etc. so as to monitor and supervise incidents of eve-teasing.

2) There will be a further direction to the State Government and Union Territories to install CCTV in strategic positions which itself would be a deterrent and if detected, the offender could be caught.

3) Persons in-charge of the educational institutions, places of worship, cinema theatres, railway stations, bus-stands have to take steps as they deem fit to prevent eve-teasing, within their precincts and, on a complaint being made, they must pass on the information to the nearest police station or the Women's Help Centre.

4) Where any incident of eve-teasing is committed in a public service vehicle either by the passengers or the persons in charge of the vehicle, the crew of such vehicle shall, on a complaint made by the aggrieved person, take such vehicle to the nearest police station and give information to the police. Failure to do so should lead to cancellation of the permit to ply.

5) State Governments and Union Territories are directed to establish Women' Helpline in various cities and towns, so as to curb eve-teasing within three months.

6) Suitable boards cautioning such act of eve-teasing be exhibited in all public places including precincts of educational institutions, bus stands, railway stations, cinema theatres, parks, beaches, public service vehicles, places of worship etc.

7) Responsibility is also on the passers-by and on noticing such incident, they should also report the same to the nearest police station or to Women Helpline to save the victims from such crimes.

8) The State Governments and Union Territories of India would take adequate and effective measures by issuing suitable instructions to the concerned authorities including the District Collectors and the District Superintendent of Police so as to take effective and proper measures to curb such incidents of eve-teasing.

Petitioner's counsel submitted that various measures, such as comprehensive CCTV coverage, etc. had not been implemented by the State of West Bengal, and that even after an exhaustive search, he had not found any notification by the State government reporting implementation of the SC guidelines.

It was argued that there had been a large number of cases of eve teasing in West Bengal and Kolkata, with a large number of cases remaining unreported to public authorities over fear of stigma and revenge. It was also argued that the same was true for rural areas as well.

Government counsel submitted that the National Crime Reporting Bureau (NCRB) had reported that Kolkata was one of the safest cities in terms of safety for women in India.

Upon hearing these arguments the court observed that, "nonetheless the petitioner points out that unreported cases exist...it is high time that WB takes note of directions issued by the SC in 2012. A report in the form of an affidavit must be filed on action taken in pursuance of the SC order. If some direction has not been implemented, the affidavit must state when the implementation will be done. List after three weeks.

Case: SURESH KUMAR SAHOO v STATE OF WEST BENGAL AND ORS

Case No: WPA(P)39 of 2024