Punjab-Haryana High Court
Court On Its Own Motion vs State Of Punjab And Others on 2 April, 2013
Author: Tejinder Singh Dhindsa
Bench: A.K.Sikri, Tejinder Singh Dhindsa
CIVIL WRIT PETITION NO.26229 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CIVIL WRIT PETITION NO.26229 of 2012
DATE OF DECISION: APRIL 2, 2013
Court on its own motion .......Petitioner
Versus
State of Punjab and others .......Respondents
CORAM:- HON'BLE MR.JUSTICE A.K.SIKRI, CHIEF JUSTICE
HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA
Present: 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.
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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", CIVIL WRIT PETITION NO.26229 of 2012 2 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 CIVIL WRIT PETITION NO.26229 of 2012 3 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 CIVIL WRIT PETITION NO.26229 of 2012 4 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 authorities for payment of compensation to the victims of such crime even during the pendency of trial.
7. Civil Writ Petition No.3342 of 2013 "Navpreet Kaur v. Union Territory, Chandigarh Administration and others" yet another petition filed in public interest can be seen as a sequel to the afore-noticed petitions containing suggestions for the issuance of appropriate directions/guidelines to the respondents in relation to investigation/trial of various "crimes against women".
8. Upon notice having been issued, replies have been filed by the parties in the petition. As the issue involved in all these petitions was one of crucial public interest and it was not to be taken as an adversarial litigation, the parties have also responded in taking the matter in that spirit and have even furnished suggestions to tackle the situation.
9. In pursuance to the directions given by this Court on 28.12.2012 in Civil Writ Petition No.26229 of 2012 "Court on its own motion v. State of Punjab and others", the State of Punjab CIVIL WRIT PETITION NO.26229 of 2012 5 filed a status report of the case. In terms of such report, a Special Investigation Team (SIT) was constituted on 28.12.2012 under the supervision of the Additional Director General of Police (Crime). The report brings out that the incident of rape happened on 13.11.2012 and the mother of victim had given a statement that the police was approached on 14.11.2012 for lodging of the FIR, but Sub Inspector Nasib Singh did not entertain the complaint and, on the other hand, pressurized the family members to compromise the matter. FIR No.96 was registered at Police Station Ghagga, District Patiala only on 27.11.2012. Even after the registration of the FIR, neither the SHO of the Police Station concerned nor the Sub Inspector took any action against the accused persons. It clearly emerged from the status report that after the commission of the gruesome offence on 13.11.2012 and the police having been approached on 14.11.2012, the FIR was registered after a delay of 13 days. Even after registration of the FIR and till 26.12.2012 i.e. almost for a month, no action on the said FIR was taken by the concerned officials. On 8.1.2013, this Court was informed that the SIT had sent the samples of viscera to FSL, Chandigarh and the report was awaited. Accordingly, directions were issued on 8.1.2013 itself to FSL, Chandigarh to examine the samples and to furnish a report within three days on priority basis. It was further directed that on receipt of the report from FSL Chandigarh, the SIT shall complete the investigation within a period of one week thereafter. An affidavit dated 22.1.2013 of the Inspector General of Police, Zone-I, Punjab, Patiala was filed, affirming that in pursuance to the directions CIVIL WRIT PETITION NO.26229 of 2012 6 passed by this Court on 8.1.2013, the final report under Section 173 of the Code of Criminal Procedure in case FIR No.96 dated 27.11.2012 under Sections 328/ 363/ 366-A/ 376/ 120-B/ 217, 218/ 201 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012, P.S.Ghagga and case FIR No.187 of 2012 under Sections 306/ 217/ 218/ 34/ 120-B of the Indian Penal Code, P.S.City Samana have been presented before the Illaqa Magistrate on 17.1.2013. It was further deposed that all the accused stand lodged in Central Jail, Patiala. Still further, the Sub Inspector concerned, namely, Nasib Singh had already been proceeded against and dismissed from service and being an accused in both the FIRs had been lodged in Central Jail, Patiala. This Court was further apprised that guidelines/directions had been issued on 28.12.2012 and 31.12.2012 by the office of DGP, Punjab pertaining to (i) Improving Police Response to Sexual Assaults, sexual violence and abduction of women (ii) Proper and regular monitoring and prompt and effective investigation of offences against women and children and (iii) Fair, transparent and expeditious investigation into allegations of Sexual Assault on Women and Children.
10. The State of Punjab has responded to the petitions in terms of broadly taking a stand that certain concrete measures have been taken and certain others are in the offing. It has been stated that the Government of Punjab has approved the creation of posts pertaining to 336 lady Sub Inspectors and 400 lady Constables in the Police Department. Decision taken in a meeting under the chairmanship of the Principal Secretary, Home, Punjab CIVIL WRIT PETITION NO.26229 of 2012 7 on 7.2.2013 has also been referred to as regards grant of approval to create 20 more Fast Track Courts in the State of Punjab for the speedy disposal of heinous crimes, particularly, against women, in addition to 15 Fast Track Courts already operational in the State of Punjab. It has been stated that upon the recommendations of this Court, the State Government has also notified for starting two Gram Nayayalayas - one at Nangal, District Ropar and the other at Kot Isse Khan, District Moga. That apart, this Court has been apprised that decisions had also been taken by the State of Punjab to depute PCR vans for patrolling around Educational Institutions and other public places and a proposal to instal CCTV Cameras at all public places was in the pipeline.
11. The State of Haryana has also responded to the petitions stating in brief the measures that have been taken in the recent past to curb and tackle the situation of crime against women. It has been stated that an Officer of the rank of the Additional Director General of Police/Crime against women stands appointed vide order dated 12.10.2012. Such Officer would assist the Director General of Police in monitoring and supervising the cases of any crime against women including eve-teasing from the stage of registration of the case to the culmination of the trial. Such Officer has also been designated as the Nodal Officer to co- ordinate with other related Departments like Women and Child Development, Department related to welfare of SC/ST and various National/State Commissions for quick redressal action in matters pertaining to crime against women. A Woman Officer of the rank CIVIL WRIT PETITION NO.26229 of 2012 8 of Deputy Superintendent of Police/Inspector of Police has been deputed in every District of Haryana as Nodal Officer in cases of offences against women. A four digit Women Helpline No.1091 stands activated on different dates in October 2012 in all Districts of Haryana. Trained police officials have been deputed to attend such Helpline number. To curb incidents of crime against women, PCR vehicles had been deployed exclusively manned by women police officials in the Districts. It has been stated that 30 such PCR vans are already functional. Still further, efforts are being made to sensitize police officials of all ranks towards prevention and detection of crimes against women. Police officials at the lower rank have been briefed on the methodology of village touring and the densed populated colonies in Urban Areas to inspire confidence and trust in women folk. In addition, the State of Haryana has taken stand towards taking efforts in the direction of speedy investigation of cases pertaining to crime against women, appointment of Special Public Prosecutors to assist the Court in cases of crime against women, establishing Mahila Police Stations, increase in women police strength and initiation of a Mass Contact Programme with girls students in Educational Institutions.
12. In the response filed on behalf of Union Territory, Chandigarh, it has been stated that the Chandigarh police has been organizing interactive Sessions with female students at different Educational Institutions as well as working places under the supervision of Senior Superintendent of Police and other senior Police Officers. It has been stated that such Sessions have CIVIL WRIT PETITION NO.26229 of 2012 9 been organized to build awareness and to enhance the confidence level of young girls and women for fighting the menace of eve- teasing and to encourage them to lodge complaints with the police. It has also been stated that rallies have been organized and conducted against eve-teasing so as to raise public awareness. The Anti Eve-teasing Squad had been constituted by the Chandigarh Police on 29.9.2012 comprising of 20 male Constables and 26 lady Constables to perform the duties in civil dress and to work in ten discreet groups and to also secretly film the eve-teasers. The areas of concentration within the city of Chandigarh for such Anti Eve-teasing Squad already stand identified. PCR vehicles with at least one lady Police Officer have been deputed to cover most of the Educational Institutions based in the city during the opening and closing hours i.e. 7.30 a.m. to 8.30 a.m. and 1.30 p.m. to 2.30 p.m.
13. Learned counsel for the parties, intervenors have been heard at length. The pleadings on record including the replies and suggestions put forth have also been examined.
14. Having given a thoughtful consideration to the matter, we have no hesitation in observing at the very outset that the States of Punjab, Haryana and Union Territory of Chandigarh have just about woken up to the issue. Incidents of rape, eve-teasing, sexual harassment/exploitation, acid attacks are on the increase and such menace has assumed monstrous proportions. Various steps that had been taken by the respective Governments and as indicated in their replies filed in these petitions are very recent and apparently seen to be in the nature of "damage control" and CIVIL WRIT PETITION NO.26229 of 2012 10 to meet the nationwide hue and cry raised on such public issue. The facts of Civil Writ Petition No.26229 of 2012 itself reveal a sordid state of affairs whereby it was only upon this Court having taken suo-motu notice and having issued directions, that the investigation in the matter gained any impetus.
15. In a recent matter, the Hon'ble Supreme Court in "The Deputy Inspector General of Police and another v. S.Samuthiram" decided on 30.11.2012 was seized of an appeal filed by a member of the law enforcing agency who had been caught in the act of eve-teasing which, in turn, led to criminal and disciplinary proceedings culminating in the imposition of the extreme penalty of dismissal from service. The Apex Court while upholding the order of dismissal issued certain directions to all the State Governments and Union Territories primarily to curb eve-teasing in the following terms:
"1) All the State Governments and Union Territories are directed to depute plain clothed female police officers in the precincts of bus-stands and stops, railway stations, metro stations, cinema theatres, shopping malls, parks, beaches, public service vehicles, places of worship etc. so as to monitor and supervise incidents of eve-teasing.
2) There will be a further direction to the State Government and Union Territories to install CCTV in strategic positions which itself would be a deterrent and if detected, the offender could be caught.
3) Persons in-charge of the education institutions, CIVIL WRIT PETITION NO.26229 of 2012 11 places of worship, cinema theatres, railway stations, bus-stands have to take steps as they deem fit to prevent eve-teasing, within their precincts and, on a complaint being made, they must pass on the information to the nearest police station or the Women's Help Centre.
4) 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.
5) State Governments and Union Territories are directed to establish Women' Helpline in various cities and towns, so as to curb eve-teasing within three months.
6) 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, parks, beaches, public service vehicles, places of worship etc.
7) 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.
8) The State Governments and Union Territories of CIVIL WRIT PETITION NO.26229 of 2012 12 India would 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."
16. It is expected of the States of Punjab, Haryana and Union Territory, Chandigarh to follow such directives in letter and spirit.
17. The role of women in the country has over the years transformed from a home maker to a home facilitator. Crimes committed against women can be termed as social crimes as they destroy the entire social fabric of the community. The respondents - State Governments and Union Territory of Chandigarh are obligated in terms of the Constitutional mandate to protect the life and personal liberty of each and every citizen. The growing menace of crimes committed against women in the nature of rape, eve-teasing, sexual harassment and in its other myriad forms require immediate and urgent action. In this regard, focus has to be first and foremost on prevention. The second stage would be in terms of identifying and nabbing the alleged perpetrators of such crime coupled with a time bound investigation process followed by speedy culmination of the trial. Suffice it to observe that instructions were already issued by this Court on the administrative side as regards constitution of Fast Track Courts and such Courts already stand constituted. Even the Judicial Officers trying such cases need to be sensitized and CIVIL WRIT PETITION NO.26229 of 2012 13 should undergo appropriate training. Request has already been made to the Judicial Academy, Chandigarh to prepare appropriate guidelines/bench-book which would be indicative of a detailed procedure and the Judicial Academy would also undertake Special Training Programmes for those Judicial Officers who would be manning the Fast Track Courts. The third area of focus would be to provide assistance to the unfortunate victim in terms of medical/financial assistance as also to offer a rehabilitation programme.
18. Taking note of the various suggestions put forth by the parties and with an endeavour to tackle the issue raised in the instant writ petitions, we feel inclined to dispose of the petitions in terms of giving the following directions in public interest:
i) Setting up a dedicated women Helpline to be manned by trained women police officials to provide immediate response to any complaint. All public places to boldly announce the requisite Helpline number. Such Helpline to facilitate excess to a Sexual Assault Response Team to be specifically set up for such purpose.
ii) Taking a cue from an initiative taken by the District Police (Bathinda Zone), Women Armed Special Protection Squads be constituted in each District.
Such Squads with specially trained female police personnel be provided adequate transport and be given defined areas of operation/beats. The presence of such Squads/Teams near the CIVIL WRIT PETITION NO.26229 of 2012 14 Educational Institutions and other identified sensitive areas would serve as a check and as a deterrent on criminal activities.
iii)The concerned Home Department/appropriate authority of the State/Union Territory to frame and circulate detailed guidelines and directions to the police officials as to how cases involving crime against women are to be investigated. Such guidelines/directions to be comprehensive in nature covering each aspect i.e. from the stage of registration of FIR till completion of the investigation within the shortest possible time and the presentation of challan before the competent Court.
iv)A Quick Response Cell be set up in Government Hospitals which would serve as a one stop window for the abused (physical/sexual) women and children. Such Quick Response Cell would facilitate for getting the FIR registered, preparing MLR, getting FSL report etc.
v) The State Governments/ Union Territory Administration may consider the issuance of a mandate to all private Hospitals not to turn away any victim of a sexual assault/abuse only on account of medicolegal complications. Governmental Agencies to extend all necessary co-operation in this regard to the private Hospitals.
vi)The State Women Commissions, created under a CIVIL WRIT PETITION NO.26229 of 2012 15 statute to take pro-active steps not only to ensure general sensitization but to also become a watch dog for women interest. The working of such State Women Commissions be assessed periodically. Such Commissions which can provide platform for restoring the respect and dignity of womanhood be granted adequate funding to make them more functional and effective.
vii)States of Punjab and Haryana may also consider legislating on the issue of eve-teasing on the pattern of Prohibition of Eve-teasing Act, 1998 in the State of Tamil Naidu wherein eve-teasing is a non-bailable offence with maximum punishment of Rigorous Imprisonment upto ten years and a fine of `50,000/-.
viii)Keeping in mind the harsh reality that maximum physical abuse against women in the nature of beatings etc. have cultural acceptance, the State Governments should appoint Protection Officers under Domestic Violence Act upto the village level so as to create awareness and render assistance to the concerned distressed women.
ix)Public transport must have police personnels so as to keep an eye on the potential troubled makers and habitual offenders. The names and photographs of such habitual offenders be also displayed promptly at all public places.
x) A comprehensive policy be also framed by the CIVIL WRIT PETITION NO.26229 of 2012 16 respective State Governments and Union Territory, Chandigarh to provide medical and financial assistance to an unfortunate victim of physical/sexual abuse. Such policy should also encompass psychiatric and psychological counselling. The policy should also entail a rehabilitation package so as to assist the victim to again pick the threads of her life and to exist in society in terms of overcoming the trauma and stigma attached to such abuse.
19. Such directions are being issued in addition to the directions issued by the Hon'ble Supreme Court in case "The Deputy Inspector General of Police and another v. S.Samuthiram" (supra). Suffice it to observe that the directions being issued by this Court cannot be construed as exhaustive in nature and as such, it would always be open for the appropriate State Governments and Union Territory, Chandigarh to take any other additional initiative towards prevention and control of such menace and crime against women.
20. The petitions are, accordingly, disposed of.
( A. K. SIKRI ) ( TEJINDER SINGH DHINDSA )
CHIEF JUSTICE JUDGE
April 2, 2013
SRM
Note: Whether referred to the Reporter? (Yes/No)