RUNJHUN SOLANKI (minor) through mother AMI PRABAL v. STATE OF M. P.
2019-12-05
RAJEEV KUMAR SHRIVASTAVA, SHEEL NAGU
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DigiLaw.ai
ORDER/JUDGMENT – Smt. Ami Prabal, Advocate for the petitioner. Shri F. A. Shah, learned Government Advocate for the respondents/State. 2. This is the petition in the nature of Public Interest Litigation seeking writ of mandamus/command to the respondents for issuance of strict directions to all concerns with regard to safety of children, girls, women and other citizens. 3. “Public Interest Litigation” is known as “Social Interest Litigation”. The concept of “Public Interest Litigation” was conceived by Hon. Justice V. R. Krishna Iyer in Socialist Karamchari Sangh (Railway) vs. Union of India, AIR 1981 SC 298 , wherein an unregistered association of workers was permitted to institute a writ petition under Article 32 of the Constitution for redressal of their common grievances. In other words, “Public Interest Litigation” may be moved by public spirited citizen to the Court for the public cause by invoking writ jurisdiction of the superior Courts. 4. The word “PIL” includes litigation, or legal action, which seeks to advance the cause of public concern. PIL is not defined in any statute. It is the outcome of judicial activism to take cognizance of a cause at the instance of any person even if it does not affect him personally, but affects the public at large. It is the mandate of this legal action that there should be no private interest. At times, even the Court can take cognizance of a matter if it is one of utmost public importance, and appoint a person to handle the case. 5. It is settled law that writs are filed by individuals or institutions for their own benefit and not for public interest, whereas PILs are filed in the interest of public at large. Normally PILs are taken into consideration, if the Judges are convinced of the fact that the subject is of significance and is in the interest of the public. 6. Now the PILs have achieved the place of importance in our legal system. In India, the first PIL was filed in the year 1976 - Mumbai Kamgar Sangh vs. M/s Abdulbhai Faizullabhai and others, (1976) 3 SCC 832 . The seed of PIL was sown by Justice Iyer through this landmark judgment. Thereafter, Hon. Justice Bhagwati evolved the concept of PIL and developed it to great extent. 7.
In India, the first PIL was filed in the year 1976 - Mumbai Kamgar Sangh vs. M/s Abdulbhai Faizullabhai and others, (1976) 3 SCC 832 . The seed of PIL was sown by Justice Iyer through this landmark judgment. Thereafter, Hon. Justice Bhagwati evolved the concept of PIL and developed it to great extent. 7. In the case of S. P. Gupta vs. Union of India, AIR 1962 SC 149, Hon’ble the Apex Court defined the term “Public Interest Litigation” in the Indian context. Thereafter, various prisoners of Bihar Jail had filed a petition before the Supreme Court Bench headed by Hon. Justice Bhagwati which was registered as Hussainara Khatoon vs. State of Bihar, AIR 1979 SC 1369 , wherein Hon’ble the Apex Court has held that the prisoners should be given benefits of free legal aid and speedy hearing. 8. Thus, in the light of above enunciation of law, it is apparent from the petition itself that the present petition fulfils the requirement mentioned above. 9. Let notices be issued to the respondents on payment of process fee within ten days, making returnable within four weeks. 10. As the matter pertains to most sensitive part of the Society and involves the safety of women and girls, therefore, meanwhile in the interest of justice, following suggestions are hereby given to all the Authorities responsible for the aforesaid work, like Executive/Police Authorities, Regional Transport Authority, Railway Authorities, Medical Institutions, Chairman/Managing Director of M. P. State Electricity Board, District Education Officer and Vice Chancellors of Universities/Head of the Department (Government as well as private), for proceeding suo motu for the safety of girls/women : – (1) They should ensure proper functioning of street lights throughout the city specially in nooks and corners, suburban and rural areas. (2) They should provide protection by installing CCTV cameras at all public places like bus stops, parking places and other sensitive roads/areas. (3) Railway Authorities should ensure surveillance at waiting rooms, railway station and its sensitive areas. (4) Railway Authorities should ensure clean, covered and safe bathrooms/toilets for women/girls by ensuring that workers of this places must be women. (5) Should ensure the buses with surveillance cameras (minimum two cameras) and if possible, woman conductor or woman guard may be provided in each public transport system during night/day time.
(4) Railway Authorities should ensure clean, covered and safe bathrooms/toilets for women/girls by ensuring that workers of this places must be women. (5) Should ensure the buses with surveillance cameras (minimum two cameras) and if possible, woman conductor or woman guard may be provided in each public transport system during night/day time. (6) Regional Transport Officer is hereby expected to ensure all private/government buses/auto-rikshaws, school buses, school transport vehicles having GPS surveillance and automated surveillance system in the aforesaid vehicles on 24 hours basis. (7) Superintendents of Police of every district should ensure constant patrolling in urban as well as rural areas and for the effective, efficient and easy reach to interior places/backward areas, the police inspectors (Male/Female) may be deployed in civil dress and they should be equipped with bikes. (8) Special arrangements during festivals should be made to protect women and girls from eve-teasing and other crimes by deploying Special Forces. (9) To prevent crimes specially against women/girls, training and orientation programmes may be arranged periodically for the private bus drivers/conductors/cleaners and auto drivers. (10) It is expected that self-defence training programms be started from class-1 up to college level. Besides that, self defence training programmes may be run free of cost for women/girls. (11) Should launch a toll-free number enabling the women/girls to register complaint and also ensure immediate and stern action against the offender. (12) An app should be prepared for the girls/ladies in the manner to make easiest connectivity in case of any mishap, via their mobile. The app should reflect the location along with voice recognition and photo/video connectivity. This app should have self responsive system (computerised system) to react in case of any occurrence or probability of mishap so that the needy girl/woman may get help within no time. (13) The employers of the companies/factories etc. are required to frame policy for protecting women working in night-shift, which includes appointment of a lady guard in the vehicle who drops the working women at their home. (14) Should ensure safe accommodation and movement in the city by the migrant women, who are in quest for job and other vocations. They should be offered with 24 x 7 helplines to contact with the police authorities during emergency, which should effectively be dealt with by Women’s Commission/Women’s Force.
(14) Should ensure safe accommodation and movement in the city by the migrant women, who are in quest for job and other vocations. They should be offered with 24 x 7 helplines to contact with the police authorities during emergency, which should effectively be dealt with by Women’s Commission/Women’s Force. (15) Setting up of on-line help lines and sharing the details with the women who could reach to such women encountering unsafe situation. (16) CCTV footage is normally seen and analyzed at Police Control Room. If it is provided/shared to each police station for perusal and action then this technology would be utilized in much more effective manner. (17) The persons deployed in the system should be made accountable to ensure proper services. (18) In case of jurisdictional/territorial dispute there should be no delay in taking action/medical assistance to the victim. (19) Awareness and self defence programmes be included in the syllabus right from class-1 itself to make aware the children of growing age. (20) All the Shelter Homes where women and girls are kept should be under CCTV surveillance keeping in mind that the privacy and modesty of the women/girls be safeguarded. List the matter immediately after service upon the respondents.