The Supreme Court on Friday issued notice to the central government on two public interest litigations seeking fast-tracking of all cases of sexual abuse against women and awarding compensation to victims.
The court also issued notice on the plea seeking creation of additional courts, improving judicial infrastructure and filling of existing vacancies. The notice is returnable in four weeks.
A bench of Justice K S Radhakrishnan and Justice Dipak Misra, however, declined to entertain a plea seeking directions to disqualify the members of parliament and state legislatures who are charged with rape and crimes against women and children.
‘Disqualification of elected representative is not our function and we will not issue notice on that,’ Justice Radhakrishnan said, declining to entertain the prayer.
‘Such a sweeping relief can’t be sought,’ the court told senior counsel M N Krishnamani appearing for PIL petitioner and former Indian Administrative Service officer Promila Shanker.
The court also declined to issue notice on the prayer seeking withdrawal of police security provided to private people, saying that it ‘may offend Article 21 of the Constitution’ guaranteeing protection of life and personal liberty.
Issuing notice on the remaining pleas, the court said: ‘We feel that these are fundamental rights of the people which are violated and we will issue the notice.’
Earlier, Krishnamani told the apex court that the prayers in the petition were ‘very broad’ and covered wide spectrum of issues involving security of the women. The other PIL was filed by Omika Dubey.
The senior counsel told the court that one of the prayers was to direct the government to compile the National Register of Convicted Sex Offenders and other heinous crimes and circulate to all police departments and enforcement agencies.
As Krishnamani dwelt on the other prayers, the court inquired what were the terms of reference of Justice J.S. Verma Committee set up in the wake of gang-rape of physiotherapy student on Dec 16, 2012. It was told that the terms of reference involve the review of the existing rape laws and the strengthening of these.
The court asked senior counsel Rakesh Khanna, appearing for the central government, to place before it the terms of reference of Justice Verma Committee and those of the Justice Usha Mehra Commission. Justice Mehra – a retired judge of the Delhi High Court – has been asked to probe the gang-rape incident.
Addressing the plea for setting up fast track courts in all states for expeditious trial of rape cases, the apex court said that ‘existing courts can't try these cases’.
Agreeing on the need for setting up of more courts and augmenting the existing judicial infrastructure, the court said that there were a lot of vacancies in the existing courts. On the plea for expeditious investigation into sex abuse cases against women, Justice Misra said: ‘If a probe suffers from a fundamental error or absurdity, then trial court could treat it as misconduct (against the officer heading the investigation).’
NO CONSENSUS ON DEATH PENALTY FOR RAPISTS
Central and state governments on Friday failed to evolve a consensus on death penalty for rape convicts even as they seem to have agreed on the definition of juvenile by bringing down the age bar to 16 from 18 years.
The day-long meeting of Chief Secretaries and DGPs, convened by the Centre in the wake of the gang rape of a girl in Delhi, discussed threadbare various ways to check crime against women and agreed to take steps for protection of women and initiating speedy trial and conviction of criminals.
‘There is no consensus on amending the law to include capital punishment for rape. One or two chief secretaries have suggested but majority kept mum on the issue,’ said a senior officer who attended the meeting.
Home minister Sushilkumar Shinde said all suggestions, including death penalty for rape, put forward by the chief secretaries and DGPs would be considered by the central government.
SP FAVOURS TOUGH LAWS AGAINST RAPISTS: AKHILESH
Uttar Pradesh chief minister Akhilesh Yadav on Friday said the Samajwadi Party (SP) favoured stringent laws against rapists and that such laws should be enforced strictly to check crimes against women.
‘All political parties are unanimously supporting that a stringent law be made against rapists and all those involved in crimes against women... We are of the view that strict laws should not only be made but also be enforced,’ the chief minister said.
Meanwhile, state shief secretary Javed Usmani said that the state governemnt has a policy that stipulates 20 per cent of the constabulary to be women. The government is working towards that target. Right now it is much lower but shortly in a few years time, we will be able to come to that figure.
The court also issued notice on the plea seeking creation of additional courts, improving judicial infrastructure and filling of existing vacancies. The notice is returnable in four weeks.
A bench of Justice K S Radhakrishnan and Justice Dipak Misra, however, declined to entertain a plea seeking directions to disqualify the members of parliament and state legislatures who are charged with rape and crimes against women and children.
‘Disqualification of elected representative is not our function and we will not issue notice on that,’ Justice Radhakrishnan said, declining to entertain the prayer.
‘Such a sweeping relief can’t be sought,’ the court told senior counsel M N Krishnamani appearing for PIL petitioner and former Indian Administrative Service officer Promila Shanker.
The court also declined to issue notice on the prayer seeking withdrawal of police security provided to private people, saying that it ‘may offend Article 21 of the Constitution’ guaranteeing protection of life and personal liberty.
Issuing notice on the remaining pleas, the court said: ‘We feel that these are fundamental rights of the people which are violated and we will issue the notice.’
Earlier, Krishnamani told the apex court that the prayers in the petition were ‘very broad’ and covered wide spectrum of issues involving security of the women. The other PIL was filed by Omika Dubey.
The senior counsel told the court that one of the prayers was to direct the government to compile the National Register of Convicted Sex Offenders and other heinous crimes and circulate to all police departments and enforcement agencies.
As Krishnamani dwelt on the other prayers, the court inquired what were the terms of reference of Justice J.S. Verma Committee set up in the wake of gang-rape of physiotherapy student on Dec 16, 2012. It was told that the terms of reference involve the review of the existing rape laws and the strengthening of these.
The court asked senior counsel Rakesh Khanna, appearing for the central government, to place before it the terms of reference of Justice Verma Committee and those of the Justice Usha Mehra Commission. Justice Mehra – a retired judge of the Delhi High Court – has been asked to probe the gang-rape incident.
Addressing the plea for setting up fast track courts in all states for expeditious trial of rape cases, the apex court said that ‘existing courts can't try these cases’.
Agreeing on the need for setting up of more courts and augmenting the existing judicial infrastructure, the court said that there were a lot of vacancies in the existing courts. On the plea for expeditious investigation into sex abuse cases against women, Justice Misra said: ‘If a probe suffers from a fundamental error or absurdity, then trial court could treat it as misconduct (against the officer heading the investigation).’
NO CONSENSUS ON DEATH PENALTY FOR RAPISTS
Central and state governments on Friday failed to evolve a consensus on death penalty for rape convicts even as they seem to have agreed on the definition of juvenile by bringing down the age bar to 16 from 18 years.
The day-long meeting of Chief Secretaries and DGPs, convened by the Centre in the wake of the gang rape of a girl in Delhi, discussed threadbare various ways to check crime against women and agreed to take steps for protection of women and initiating speedy trial and conviction of criminals.
‘There is no consensus on amending the law to include capital punishment for rape. One or two chief secretaries have suggested but majority kept mum on the issue,’ said a senior officer who attended the meeting.
Home minister Sushilkumar Shinde said all suggestions, including death penalty for rape, put forward by the chief secretaries and DGPs would be considered by the central government.
SP FAVOURS TOUGH LAWS AGAINST RAPISTS: AKHILESH
Uttar Pradesh chief minister Akhilesh Yadav on Friday said the Samajwadi Party (SP) favoured stringent laws against rapists and that such laws should be enforced strictly to check crimes against women.
‘All political parties are unanimously supporting that a stringent law be made against rapists and all those involved in crimes against women... We are of the view that strict laws should not only be made but also be enforced,’ the chief minister said.
Meanwhile, state shief secretary Javed Usmani said that the state governemnt has a policy that stipulates 20 per cent of the constabulary to be women. The government is working towards that target. Right now it is much lower but shortly in a few years time, we will be able to come to that figure.