“Where Are We Lacking in Implementing Laws?”: SC on Sexual Violence Plea

GG News Bureau
New Delhi, 16th Dec. The Supreme Court on Monday issued notices to various Union ministries and departments in response to a plea by the Supreme Court Women Lawyers Association, seeking guidelines to create a safer environment for women, children, and transgender individuals.

A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan scheduled the next hearing for January, marking the petition as an urgent call for action in the wake of rising incidents of sexual violence.

Plea Highlights Nirbhaya Anniversary and Recent Crimes
The petition coincided with the 12th anniversary of the Nirbhaya gangrape and murder case of December 2012 and cited the rape and murder of a junior doctor in Kolkata’s RG Kar Hospital this August as a stark reminder of ongoing challenges. Senior advocate Mahalakshmi Pawani, representing the petitioners, stressed that while numerous cases of sexual violence are reported daily, many more remain unreported.

Court Rejects Chemical Castration Proposal
The plea controversially advocated chemical castration for sexual offenders, a practice permitted in some countries. However, the court dismissed the suggestion, terming it “barbaric” and “harsh.” It acknowledged, however, that safety concerns for women and children, particularly in public transportation, including airlines, need to be examined.

“Proper social behaviour on public transport should not only be taught but implemented strictly… there were some inappropriate incidents reported from airlines also,” the bench noted.

Focus on Implementation of Existing Laws
While recognizing the stringent laws in place to punish sexual crimes, the court emphasized the need to identify gaps in their implementation. “We need to examine where we are lacking in enforcing punitive and penal laws,” Justice Kant observed.

President Murmu’s Concern over Violence
President Droupadi Murmu, in her remarks following the Kolkata case, also recalled the horrors of the Nirbhaya case and expressed deep dismay over the recurring incidents of sexual violence. She condemned societal “amnesia” regarding such atrocities, stating, “Enough is enough. No civilised society can allow daughters and sisters to be subjected to such atrocities.”

The court’s action seeks to bring focus to this pressing issue and ensure that safety for vulnerable groups becomes a national priority.