Supreme Court hears urgent plea for national women safety reforms amid rise in brutal assaults.
Case in News
In SC ashamed over rising sexual violence cases, the Supreme Court expressed alarm over systemic lapses in protecting women .
Case Overview
Case Name: Supreme Court Women Lawyers Association v. Union of India & Ors., W.P.
A writ petition filed by the Supreme Court Women Lawyers Association came before Justice Surya Kant and Justice Joymala Bagchi demanding nationwide guidelines for women safety . The petition cited repeated sexual offences and brutal cases like the Unnao Rape, Kathua Rape and women being burnt alive . The Court noted deep concern but postponed the hearing due to the absence of the Union’s response .
Key Aspects
The key aspects relating to the case are as under –
- Petition demands chemical castration and polygraph tests immediately after arrest in rape cases .
- Calls for life imprisonment and permanent castration under Section 376 IPC and Section 63 BNS, 2023 .
- Seeks a National Sex Offenders Registry, publicly accessible to women .
- Points to failure of existing reforms from JS Verma Committee and 23rd Law Commission .
- Argues that lack of implementation leads to rising brutality in crimes against women and children .
Despite tough laws, the ground-level reality remains grim due to institutional apathy, weak policing and delayed justice . The plea stresses urgent reforms, both preventive and punitive, especially in rural areas where access to justice is poor .
Legal Insights
The legal insights relating to the case are as under –
- Article 21 of the Constitution : Ensures right to life and personal liberty; includes women’s right to safety and dignity .
- Section 376 of IPC : Punishment for rape; provides minimum 10 years to life imprisonment .
- Section 63, Bharatiya Nyaya Sanhita, 2023 : Continues rape provisions with clarity and severity under new criminal code .
- Doctrine of Parens Patriae : Allows the Court to protect rights of vulnerable groups like women and children .
- JS Verma Committee Report, 2013 : Recommended urgent legal reforms post-Nirbhaya for faster rape trials and police reform .
- 23rd Law Commission Report : Emphasized enforcement mechanisms and survivor-centric justice delivery .
Court’s Verdict
No final verdict yet . The Court deferred the matter but urged the Union to treat it non-adversarially . Justice Kant advised creating grassroots legal support by training elected women sarpanches and educated villagers as paralegals especially where internet and awareness are lacking. The matter will resume Thursday .
Source- Supreme Court of India
Read also – Bharatiya Nyaya Sanhita, 2023
