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2019 Supreme(Del) 210

IN THE HIGH COURT OF DELHI AT NEW DELHI
RAJENDRA MENON, V. KAMESWAR RAO, JJ.
Pramanshi & Ors. - Petitioners
Versus
Union of India & Ors. - Respondents
W.P.(C) 2624 of 2018
Decided On : 11-01-2019

Advocates Appeared:
For the Respondent: Mr. Anil Soni, CGSC with Ms. Priyanka Singh, Adv., Mr. Gautam Narayan, ASC with Ms. Mahamaya Chatterjee and Ms. Shivani Vij, Advs. for GNCTD. Mr. Vivek Goyal, CGSC for NCW with Ms. Sonia Sharma, an officer of NCW

The main legal point established in the judgment is the satisfaction of the court regarding the steps taken by the respondents to address women's safety concerns.

Headnote:

Writ Petition - Women Safety - IPC Section 188, Shashakti Scheme, Nirbheek Scheme, Sishtachar Scheme, Cyber Highway, Emergency Response Support system - The court disposed of the writ petition after finding that sufficient and appropriate steps had been taken by the respondents to ensure women's safety.

Fact of the Case:

The petitioners filed a writ petition seeking various directions to ensure women's safety during occasions such as Holi. The Delhi Police filed a status report detailing the steps taken to address women's safety concerns.

Finding of the Court:

The court found that the respondents had taken sufficient and appropriate steps to address women's safety concerns, as detailed in the status report filed by the Delhi Police.

Issues: The main issue was whether the respondents had taken adequate measures to ensure women's safety during occasions such as Holi.

Ratio Decidendi: The court's decision was based on the satisfaction that sufficient and appropriate steps had been taken by the respondents to address women's safety concerns, as evidenced by the detailed status report filed by the Delhi Police.

Final Decision: The court disposed of the writ petition after taking on record the stand of the Delhi Police and finding that sufficient and appropriate steps had been taken by the respondents to ensure women's safety.

JUDGMENT :

V. KAMESWAR RAO, J.

1. This petition has been filed by the petitioners with the following prayers:

“In view of the above facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to issue a Writ of Mandamus or Order/Direction/declaration to:

i. Direct Respondents no.4 and 5 to convene an Expert Committee to chalk out guidelines and put in place regulations and protocols to ensure women safety during occasions such as Holi.

ii. Direct the Respondent no. 1, 2 and 3 to initiate an exercise of mapping of all vulnerable areas with regard to women safety.

iii. Direct the Respondents no.1 and 3 to institute women PCRs and increase the number of women police booths in all areas throughout the year.

iv. Direct Respondentsno.1, 3, 4 and 5 to monitor social media and also create a dedicated anonymous dropbox for victim complaints of incidents offline and online.

v. Direct the Respondents no.4 and 5 to create a cadre of support persons to act as intermediaries between the victim and law enforcement agencies.

vi. Pass any such Order as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

2. A status report has been filed by the Delhi Police, wherein the following has been stated with regard to the three incidents narrated in the petition:

Incidents

Particulars

Status

Incident 1

Complainant attacked by 2 men on a bike who flung a balloon on her filled with urine in it on 28.02.2018 in Sant Nagar.

Complainant registered (Reference No. 89550071800316) in Amar Colony Police Station on 28.202.2018.

 

FIR registered under Section 188 of IPC (FIR No. 112/2018).

 

Case was sent untraced on 13.08.2018.

Incident 2

Complainant attacked by balloons containing liquid on 28.02.2018 in Amar Colony.

Complaint registered in Amar Colony Police Station and investigation initiated.

 

It was concluded that only girls were present in premises from where balloons were flung and thereafter the complaint was withdrawn.

Incident 3

Complainant attacked semen filled balloons thrown by 4 unidentified persons, while boarding an auto rickshaw on 28.02.2018 in GK-I

FIR was registered under Section 188 IPC in Kailash Colony Police Station on 28.02.2018.

 

One of the accused was arrested and produced before the Metropolitan Magistrate, Saket for Test Identification Parade but he refused.

 

The clothes of complainants were sent to Forensic Science Laboratory (FSL) on 01.03.2018 but no semen could be detected on the clothes.

 

Another accused has been arrested and released on bail.

 

Charge-sheet stands filed.

3. That apart in Para 3 of status report filed by the Delhi Police, the following has also been narrated:

“3. That it is most respectfully submitted that the Answering Respondent is conscious of the issue of safety and security of women in the city and has taken the following steps to ensure the same:-

3.1 Under the Shashakti Scheme, Self Defence Training is being imparted to women by training teams of Special Police Unit for Women and Children (“SPUWAC”). These trainings are conducted in schools, colleges, community centres, parks, jhuggi jhopri clusters among others.

3.2 A number of other programmes organized by SPUWAC are being conducted to empower women. One day workshops are conducted to create social awareness. Street Plays are organised in the areas where crimes against women is on the rise.

3.3 Under the Nirbheek Scheme, the Answering Respondent pays regular visits to schools and interacts with girl students to educate them about basic precautions against sexual abuse and to report about crimes, Gender sensitization sessions are also organized for boys and gi














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