Supreme Court Seeks Union And States Response On PIL Seeking Pan-India Guidelines For Safety of Women

On December 16, 2024, the Supreme Court (SC) bench of Justice Surya Kant and Justice Ujjal Bhuyan issued a notice, to the Union and the States, on a PIL (Public Interest Litigation) filed by SCWLA (Supreme Court Women Lawyers Association) seeking pan-India guidelines for safety of women. During the proceedings, Senior Advocate (SA) Mahalakshmi Pavani appeared for the petitioners and urged “We are seeking Pan India guidelines, reforms, and measures, for vulnerable women, who do not get justice.” She added that various laws and punishments are prescribed, but the question is whether the same is being implemented. SA Pavani also contended, “Incidentally, today is the 12th anniversary of Nirbhaya...Your Lordhsips may restrict the prayers, which your Lordhsips feel suitable...Pornography is a theory, rape is the practice. I am seeking a ban on free online pornography.” The Petitioner sought a complete ban on online pornography and unfiltered obscenity on OTT platforms. Also, it seeks the installation of CCTVs at workplaces to prevent women from sexual harassment. The PIL reads, “The Petitioner beseeches this Hon'ble Court to invoke the doctrine of parens patriae to safeguard the fundamental rights of women, children, and the third gender in our nation, which encompass their right to safety, a secure workplace, adequate sanitation, personal dignity, bodily integrity, and a safe environment. It is humbly submitted that the Court bears an overarching obligation under the doctrine of parens patriae to serve as the protector and steward of its citizens' rights.”

SA Pavani said, “Incidentally, today is the 12th anniversary of Nirbhaya...Your Lordhsips may restrict the prayers, which your Lordhsips feel suitable...Pornography is a theory, rape is the practice. I am seeking a ban on free online pornography.” Further, she highlighted the recent rape and murder case of a trainee doctor at RG Kar Medical Hospital Kolkata, “The heart-wrenching incident of gangrape-cum-murder of a 31-year-old trainee doctor in Kolkata’s R G Kar Medical College has shaken the collective conscience of the country to the core and shows that nothing has improved since the 2012 Nirbhaya case.” Acknowledging the issues, Justice Kant said, “Some of the issues are very innovate, we strongly appreciate and admire. But some of the directions you are seeking are also barbaric. You are asking [relief] for the common woman...on the streets, in the society...who are vulnerable and those who face resistance in day-to-day life...one of the prayers you have asked for is to issue guidelines for social behavior in public transport...it's a very very innovative idea. It's extremely important. It does not only need to be taught, it needs to be displayed also - in buses, metros, railways, airport, etc." The SC bench permitted the Union of India (Respondent) to be served through the office of the Attorney General and listed the matter for hearing in January 2025.