INTRODUCTION
The supreme court of India is hearing the public interest litigation filed by the supreme court women lawyers association seeking the reforms and guidelines for women protection across India. The main issue raised in the case proposed the measures to simplify the complaint lodging procedure by women through the help of online platforms which mitigate the jurisdictional challenges and reduce the mandate of women needing to visit police stations for lodging complaints.
BACKGROUND
The public interest litigation raised the issue about the safety of women in public spaces, workplaces and in the transport system. This includes the unregulated content of pornographic materials online and it requires comprehensive reforms to address these issues. The supreme court women lawyers association some of the prominent issues includes:
- Installation of CCTV cameras in the workplace.
- The rape and sexual harassment case should be held under fast-track trial cases
- The individuals accused for crimes against women should be prohibited from contesting in election until the order of acquittal pronounced in the court of law.
- There should be a complete ban and restriction on online pornography and unfiltered content on OTT platforms.
- Imposing of severe penalties which includes castration to the individuals convicted for sexual offense against women and children.
The petitioner in the present case emphasised it is the duty of the court under the doctrine PARENS PATRIAE to ensure that fundamental rights and safety for women, children and the third gender are protected and their personal dignity and bodily integrity.
KEY POINTS
- Mitigation of jurisdictional issues
Justice Surya Kant highlighted the need and importance of online complaint lodging mechanism to enable women to lodge complaints online without visiting the police stations physically.
- Petitioners’ contentions
The senior advocate Mahalakshmi Pavani, represented the counsel for petitioner, she cited the incidents like Bangalore harassment case where jurisdiction is the issue because of which justice is delayed. Further, the counsel for petitioner raised the concern over the safety of women to ride in uber services.
- Respondents’ contention
The union of India, through the counsel appearing for respondent requested for the extension of time for about 6 weeks to file a counter affidavit, contending the PIL prayer was broad and required to take careful steps in addressing the issue. However, the court noted that technicalities should not impede in addressing the issue raised in the petition.
- Supreme court of India’s observations
Justice Surya Kant accepted and proposed the creation of an online complaint lodging platform for women. He suggested the centralised system where the complaint is sent to respective jurisdictions, informing the complainant accordingly. This will reduce the issue of confusion and delays in rendering justice.
RECENT DEVELOPMENT
In the January 2025 hearing, the supreme court granted six weeks’ time extension as requested by the respondents for filing the counter affidavit to address the issues raised in the petitions. The court also directed the petitions to get input from all the women across the country, especially from the women lawyers practicing in the state high court to gather the insight about the region-specific issues faced by the women and suggested to submit the collated petition.
CONCLUSION
The supreme court involvement in the case highlights the urgent need for the systematic regulation to address women’s safety in India. The proposed online complaint mechanism by justice Surya Kant could significantly simplify the filing of complaints and address the issues related to jurisdictional challenges.
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WRITTEN BY: MUTHULAKSHMI B
