Mohinder Verma
JAMMU, Dec 24: In a significant development, the Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi today directed the State Government to file a status report by January 3, 2013 indicating the steps it has taken to implement the directions of the Apex Court of the country on eve-teasing/sexual harassment.
These directions were passed in Public Interest Litigation (PIL) titled Dr Davinder Singh Jasrotia and others Versus State of J&K through Chief Secretary and Others.
When the PIL came up for hearing before the Division Bench, Advocate Rohit Kapoor, counsel for the petitioners pointed out, “there are many instances where young girls are harassed which sometimes lead to psychological problems and even suicide”, adding “every citizen has right to live with dignity, which is a fundamental right under Article 21 of the Constitution of India. Sexual harassments including eve teasing amount to violation of Article 21 as well as Articles 14 and 15 of the Constitution of India”.
Describing eve teasing as pernicious, horrid and disgusting practice, Advocate Kapoor said, “to check this practice, the Supreme Court has issued fresh directions to all the States and Union Territories across the country but most likely our State Government is not aware of such directions. Even if they are aware of Supreme Court directions in case titled Deputy Inspector General of Police and Another Versus Samuthiram no step has so far been initiated to implement the same”. “Section 294 RPC is not sufficient to contain eve teasing”, he added.
After hearing Advocate Rohit Kapoor for the petitioners and Advocate General M I Qaidri along with Senior AAG Gagan Basotra in detail and going through the Supreme Court directions, the Division Bench observed, “the implementation of these directions is imperative to check eve teasing in public interest”, adding “the State Government is required to explain as to what steps it has taken to implement these directions in letter and spirit”.
In the order dictated in the open court, the Division Bench directed the State to file status report on next date of hearing indicating the action taken on the Apex Court directions issued on November 30, 2012.
In its directions to all the States and Union Territories issued on November 30, 2012, the Supreme Court has observed, “the Parliament is currently considering the Protection of Woman against Sexual Harassment at Workplace Bill, which is intended to protect female workers in most workplaces. Provisions of that Bill are not sufficient to curb eve teasing. Before undertaking suitable legislation to curb eve teasing, it is necessary to take at least some urgent measures so that it can be curtailed to some extent”.
As per the Apex Court directions, it is obligatory on the part of State Governments to depute plain clothed female police officers in the precincts of bus-stands and stops, railway stations, cinema theatres, shopping malls, parks, public service vehicles and places of worship so as to monitor and supervise incidents of eve-teasing.
The Apex Court has also directed that CCTVs should be installed in strategic positions which itself would be a deterrent and if detected, the offender could be caught. Moreover, persons in-charge of the educational institutions, places of worship, cinema theatres, railway stations, bus-stands are required to take steps as they deem fit to prevent eve teasing within their precincts and on a complaint being made they are required to pass on the information to the nearest police station.
Where any incident of eve teasing is committed in a public service vehicle either by the passengers or the persons in charge of the vehicle, the crew of such vehicle shall, on a complaint made by the aggrieved person, take such vehicle to the nearest police station and give information to the police. Failure to do so should lead to cancellation of the permit to ply, the Supreme Court has directed.
State Governments and Union Territories have also been directed to establish Women’ Helpline in various cities and towns so as to curb eve teasing within three months. Suitable boards cautioning such act of eve teasing be exhibited in all public places including precincts of educational institutions, bus stands, railway stations, cinema theatres, public service vehicles and places of worship etc, the Apex Court has directed.
“Responsibility is also on the passers-by and on noticing such incident, they should also report the same to the nearest police station or to Women Helpline to save the victims from such crimes”, the order said, adding State Governments and Union Territories of India should take adequate and effective measures by issuing suitable instructions to the concerned authorities including the District Collectors and the District Superintendent of Police so as to take effective and proper measures to curb such incidents of eve-teasing”, the order further said.
According to Advocate Kapoor, these directions are in continuation to the directions passed by the Supreme Court on April 27, 2012 in Avishek Goenka Versus Union of India case wherein it was observed: “Alarming rise in heinous crimes like kidnapping, sexual assault on women and dacoity have impinged upon the right to life and the right to live in a safe environment which are within the contours of Article 21 of the Constitution of India. One of the contributory factors to such increase is use of black films on windows/windshields of four-wheeled vehicles”.
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