"Leave Them Alone, Allow Them To Grow": Supreme Court On Women's Safety

The Supreme Court on Tuesday expressed concern over safety of women in the country and said that mindset of people has to change with regard to women.

Urging to make the country safer and better place for girls and women, a bench of Justices BV Nagarathna and Satish Chandra Sharma said, "Leave the women alone. The only request we make is to leave the women alone. We don't need helicopter around them, monitoring them, restricting them. Allow them to grow, that's the women of this country will want."

The bench said it has seen real-life cases of women being sexually assaulted when they go out in open to defecate themselves, and remarked that in many places women has to wait till dusk defecate in the open due to the lack of toilets in rural areas.

"In the village, there may be some development due to Swaccha Bharat Abhiyan, but still there are no bathrooms and toilets (in many places). Women who have to ease themselves have to wait till dusk. Young women also have to wait till dusk to ease out because they can't go during the day in open... We have seen the cases...," said Justice Nagarathna.

The bench said the risk is double as first, women can't ease themselves whole day and there is an adverse effect on their health of that and secondly because they go out at dusk while going or returning they face sexual assault threat.

The top court emphasised the need for a multi-pronged sensitisation campaign for the safety of women.

"Whether in cities or rural areas, the vulnerability of women is something men will never understand. The feeling a woman experiences the moment she steps onto a street, a bus, or a railway station with the constant burden of ensuring her own safety, is an additional mental load she carries alongside her responsibilities at home, at work, and in society. Every citizen must be safe but this is the additional burden woman has to carry," said Justice Nagarathna.

"They should not think women are there for receiving sexual assault threat... mindset has to change. In the cities and rural areas, threat is everywhere," it said.

Central government informed the top court that while the National Education Policy (NEP) was available, the detailed syllabus and educational modules related to moral education and gender sensitisation were yet to be filed.

To this, the bench said academic year had already begun and the matter could not be delayed indefinitely.

The top court then granted three weeks time to the Centre to file a comprehensive affidavit explaining the existing modules and proposed steps to be taken by it. The top court has posted the matter for hearing on May 6.

The top court was hearing a PIL filed by advocate Aabad Harshad Ponda on raising issues relating to gender-based violence, particularly sexual assault and rape, through value-based education and public awareness initiatives.

During the hearing, Ponda told the bench that education alone would not suffice, as many of the perpetrators of such crimes do not attend schools or are beyond the age of formal schooling.

Justice Nagarathna asked counsel of Central government to consider measures for sensitising those outside the education system.

The PIL highlighted the increasing number of crimes against women, particularly rapes.

The petition sought directions for sensitising people about the penal provisions for rape and the POCSO Act to make the country a better and safe place for girls and women.

It has also said the subject of moral training also has to be included to ensure awareness about sexual equality, the rights of women and girls and their freedom to live with dignity.

The petition further sought directions to the Centre to ask authorities at the local level and state government officials to educate the public through advertisements, seminars, pamphlets and other modes about the penal laws in the country relating to rape and other offences against women and children.

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