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2013 Supreme(P&H) 327

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
A.K. SIKRI, TEJINDER SINGH DHINDSA, JJ.
Court on its own motion - Petitioner
Versus
State of Punjab and others - Respondents
CIVIL WRIT PETITION NO. 26229 of 2012
Decided On : APRIL 2, 2013

Advocates Appeared:
Mr. B.S.Sewak, Advocate for the petitioner in Civil Writ Petition No.19484 of 2012.
Ms. Promila Nain, Advocate for the petitioner in Civil Writ Petition No.20014 of 2012.
Mr. H.C.Arora, Advocate for the petitioner in Civil Writ Petition No.3342 of 2013.
Ms. Rita Kohli, Additional Advocate General, Punjab.
Mr. B.S.Rana, Additional Advocate General, Haryana.
Mr. Amar Vivek, Advocate for the intervenor.
Mr. R.S.Rai, Senior Advocate with
Mr. JS Toor, Advocate for Union Territory, Chandigarh.
Ms. Punita Sethi, Advocate for Union of India.

The central legal point established in the judgment is the obligation of the state to protect the life and personal liberty of citizens, particularly women, and the need for immediate and urgent action to address crimes against women.

Headnote:

Crime against Women - Public Interest Litigation - Indian Penal Code, 1860, Section 376 - Protection of Children from Sexual Offences Act, 2012, Section 4 - Prevention of Eve-teasing - Fast Track Courts - Women Helpline - Special Protection Squads - Quick Response Cell - State Women Commissions - Prohibition of Eve-teasing Act, 1998 - Domestic Violence Act - Rehabilitation Package

Fact of the Case:

The judgment addresses multiple petitions related to crime against women, including rape, eve-teasing, and acid attacks. The court took suo motu notice of a report on a minor's suicide after gang-rape and the police's failure to register the crime. The petitions sought measures to ensure women's safety, fast-track courts, and compensation for victims.

Finding of the Court:

The court found that the states had only recently taken measures in response to the nationwide outcry over crimes against women. It highlighted the need for prevention, identification of perpetrators, speedy trials, and victim assistance. The court also referenced a recent Supreme Court case on curbing eve-teasing and issued additional directions in public interest.

Issues: The issues involved the failure of authorities to address crimes against women, the need for preventive measures, and the establishment of dedicated helplines, special protection squads, and quick response cells. The court also addressed the role of state women commissions and the need for specific legislation on eve-teasing.

Ratio Decidendi: The court emphasized the obligation of the state to protect the life and personal liberty of citizens, particularly women. It highlighted the transformation of women's roles in society and the need for immediate and urgent action to address crimes against women. The court also referenced a recent Supreme Court case and issued additional directions to the states.

Final Decision: The court issued directions in public interest, including the establishment of a women helpline, special protection squads, quick response cells, and state women commissions. It also recommended specific legislation on eve-teasing, the appointment of protection officers, and the provision of medical and financial assistance to victims.

JUDGMENT

TEJINDER SINGH DHINDSA, J. This order shall dispose of Civil Writ Petitions No.26229 of 2012 “Court on its own motion v. State of Punjab and others”, No.19484 of 2012 “Harinder Pal Singh Ishar v. State of Punjab and others”, No.20014 of 2012 “Mohinder S.Nain v. Union of India and others” and No.3342 of 2013 “Navpreet Kaur v. Union Territory Chandigarh Administration.”

2. A common thread that runs through all these petitions that had been entertained in public interest, is the focus on the burning issue of crime against women, be it in the form of rape, eve-teasing, sexual harassment, acid attacks etc. and the necessary remedial measures to be put in place to curb such menace.

3. It would be appropriate to briefly advert to every single petition.

4. Civil Writ Petition No.26229 of 2012, “Court on its own motion v. State of Punjab and others” is a petition in which this Court had been constrained to take suo motu notice of a report appearing in the various National Dailies' (Chandigarh Edition) with a caption in the 'Times of India' reading as “Punjab's Shame; minor kills self after gang-rape”. The unfortunate victim of rape in such incident, as per newspaper reports, was not only harassed by the policemen but was constantly threatened by her alleged rapists. Driven by such compelling circumstances, the minor girl of 17 years of age, chose to end her life by committing suicide leaving behind a suicide note mentioning the name of the culprits i.e. three men and a woman “for destroying her life and forcing her to commit suicide”. The newspaper reports further suggested that the police had refused to register the crime and the alleged rapists rather than being arrested were allowed to roam freely and they had repeatedly threatened the victim as well as her family members. It was against the backdrop of such sad state of affairs that this Court took suo motu notice of the newspaper reports and called upon the concerned police authorities to submit a comprehensive report regarding the incident and the circumstances under which even the FIR had not been lodged after the victim had given the names of those allegedly involved in the crime. The Inspector General of Police of the area had been directed to examine every aspect of the matter leading to the suicide by the young victim and submit a report fixing the responsibility of the erring officials and also to state the action taken against them. It was further directed that such report would also indicate the measures that the police intended to take in preventing such occurrences in future. In this petition, apart from putting the State of Punjab to notice, notices were even served upon the State of Haryana as well as UT Chandigarh.

5. Civil Writ Petition No.19484 of 2012, Harinder Pal Singh Ishar v. State of Punjab and others” was filed in public interest seeking the issuance of a writ in the nature of mandamus for directing the States of Punjab, Haryana and Union Territory, Chandigarh to take positive steps to ensure the safety of women, particularly, working women and female students so as to put an end to the menace of eve-teasing. Further directions had been sought to direct the respondents to formulate an effective policy of providing medical and financial assistance to the victims of acid attacks and for their rehabilitation.

6. Civil Writ Petition No.20014 of 2012 “Mohinder Singh Nain v. Union of India and others” also in public interest had been filed much before the National hue and cry on the cases of rape against women had started. In this petition, directions had been sought that appropriate legal action be taken against the offence under Section 376 of the Indian Penal Code in terms of registering the FIR without any delay. Suggestions had also been made for constitution of Fast Track Courts, deputing of Special Lady Police Officers, constitution of Special Police Cells manned by Lady Police Officers etc. A prayer had also been raised for directing the State auth

































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