Supreme Court To Hear Senior Advocate's PIL To Create Public Awareness About Anti-Rape Laws, Sex Education & Gender Equality

The Supreme Court today (September 13) issued notice in a writ petition seeking directions to the Union and Ministry of Education to compulsorily incorporate sex education in the school syllabus and sensitizing the children about the anti-rape laws and POCSO Act in India.

Senior Advocate Aabad Harshad Ponda, who has filed the present petition appeared before the bench stressing for the need to increase awareness amongst masses about the laws relating to the crime of rape, the changed definition of rape after the Nirbhaya Case. Making reference to the ongoing RG Kar Case, he urged the need for concrete steps by the state agencies.

"I am really deeply concerned about what's been happening and your lordships have given me courage after what I saw in the (RG)Kar case of Calcutta. Day in and day out half of our populace is getting under fear, which is the ladies of this country. "

"We need the help of the Union, the states and all combined to disseminate information about the potential the laws have to cure this problem, in the form of prevention of rapes... a large number of illiterate people in this country are completely unaware of the deterrence of rape , the new definition of rape after the Nirbhaya case in 2013, people and unaware of all this"

The bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra agreed to issue notice in the matter and also mentioned that it will soon be delivering a judgement in laying down certain guidelines in relation to POCSO.

"Mr Ponda we will issue notice in this. We have also reserved judgement in the POCSO,the guidelines will come very shortly" CJI said.

The CJI was referring to the challenge against the ruling of the Madras High Court which held that that downloading and viewing child pornography is not an offence.

The petitioner seeks a slew of directions to different stakeholders (respondent no.1 - Union; respondent no. 2- Ministry of Education; respondent no.3- Ministry of Information & Broadcasting and Respondent no.4 - Central Bureau of Film Certification) involved in ensuring to spread awareness of the women safety laws across the country. These include :

DIRECTIONS TO ALL EDUCATIONAL INSTITUTIONS

A. pass appropriate orders till an appropriate law is made by the Parliament, directing the Respondent No.2 and through them all educational institutions in the country including government aided institutions which provide free and compulsory education to children up to the age of 14 to incorporate in the syllabus that along with/ without the subject of sex education, the penal laws of the country relating to rape and other offences against women and children under the Indian Penal Code and the POCSO Act and the same be made compulsory.

B. issue any other orders as this Hon'ble Court deems proper till an appropriate law is made by the Parliament, in consonance with prayer 'A' above, to include in the syllabus the subject of moral training to ensure awareness is made about sexual equality, the right of women and girls as well as freedom of girls to live with dignity just as boys can without any interference and particularly endeavours to is required to be made to change the mindset of the boys in this country which exercise must start at the level of school.

C. pass appropriate directions in consonance with prayer 'A' above, directing the schools to impart education to the children making them aware of their rights particularly to complain about the incidents of domestic violence or commission of offences which are happening in their house or in their surroundings so that the wrong doers are brought to book and need to be punished and not to fear such reporting of incidents.

DIRECTIONS TO OTHER AUTHORITIES

D. pass appropriate orders till an appropriate law is made by the Parliament, directing the Respondent No.1 and other States/ Union Territories through it the authorities at the local self-governing levels and the concerned officials of the State Governments in various talukas, districts, cities and towns and other areas including remote areas, to take steps to educate the general public through advertisements, seminars, pamphlets and other modes about penal laws in the country relating to rape and other offences against women and children under the Indian Penal Code and the POCSO Act and the same be made compulsory.

E. pass appropriate orders till an appropriate law is made by the Parliament, in terms of prayer 'D', directing the authorities at the local self-governing levels and the concerned officials of the State Governments in various talukas, districts, cities and towns and other areas including remote areas, to take steps to educate the general public of the subject of moral training ensure awareness is made about sexual equality, the right of women and girls as well as freedom of girls to live with dignity just as boys, can without any interference and particularly endeavours to is required to be made to change the mindset of the boys in this country which exercise must start at the level of school.

F. pass appropriate orders, in terms of prayer directing the authorities at the local self-governing levels and the concerned officials of the State Governments in various talukas, districts, cities and towns and other areas including remote areas, to take steps to educate the public by making them aware of their rights particularly to complain about the incidents of domestic violence or commission of offences which are happening in their house or in their surroundings so that the wrong doers are brought to book and need to be punished and not to fear such reporting of incidents.

G. pass appropriate orders, till the law is made in this regard by the Parliament, in terms of prayer 'D', directing the authorities at the local self-governing levels and the concerned officials of the State Governments in various talukas, districts, cities and towns and other areas including remote areas, to put up advertisement, documentaries, short stories and or films and involve popular personalities to send messages on this line through advertisements about how there is zero tolerance to rape and also to highlight equality between girls and boys, men and women.

DIRECTIONS TO THE MEDIA

H. direct and make it compulsory to an appropriate law is made by the Parliament, that the Respondents No.3 and 4, and through Respondent No.3 , the other broadcasting authorities, the media (both print and electronic), and on the internet like Google, Yahoo,. YouTube, Instagram etc. are made to regularly and repeatedly through different modes and different messages highlight this awareness of the folly of committing rape, its punishments in different forms and also educate the public through their means of communication about the POCSO laws in the country.

I. Any other order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

The petition has been filed with the assistance of AOR Sandeep Sudhakar Deshmukh.

Case Details : AABAD HARSHAD PONDA Versus UNION OF INDIA AND ORS. W.P.(Crl.) No. 382/2024

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