In a significant development, the Supreme Court of India has recently proposed the establishment of an online complaint mechanism to facilitate women in lodging complaints related to harassment and other crimes. This suggestion, made by A bench of Justices Surya Kant and N Kotiswar Singh during the hearing of a Public Interest Litigation (PIL) filed by the Supreme Court Women Lawyers Association (SCWLA), underscores the Court’s growing concern about women’s safety and the necessity of physically visiting police stations.
Issues Raised in the PIL
The PIL filed in 2024 seeks pan-India guidelines for women's safety, focusing on issues like social behavior in public transport and a stronger legal framework for sexual offenses. An essential concern is the lack of an online system for women to file complaints, forcing them to visit police stations and deal with jurisdictional confusion. The Supreme Court, led by Justices Surya Kant and N Kotiswar Singh, has given the Union Government six weeks to submit a detailed response and asked the petitioner to consult women lawyers nationwide for insights on local challenges.
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The Need for an Online Complaint System
The Supreme Court’s suggestion regarding an online police complaint system is a progressive step toward making the justice system more accessible to women. This proposed system would address two major concerns:
- Jurisdictional Issues: Centralizing complaints online would eliminate confusion about police station jurisdictions, ensuring proper handling and investigation.
- Ease of Access: It would reduce the physical and emotional burden of women visiting police stations, allowing them to file complaints from home, especially in cases of sexual harassment or domestic violence.
Justice Surya Kant’s remarks during the hearing emphasized that such a system would eliminate unnecessary obstacles for women who wish to lodge complaints, while also ensuring accountability on the part of the police to handle these complaints efficiently.
India already has several legal provisions that aim to protect women’s rights and ensure their safety. Some of the provisions include:
- The Bharatiya Nyaya Sanhita,2023 (BNS)
- Section 63 BNS defines rape, and Section 74 BNS criminalizes assault or criminal force with intent to outrage a woman’s modesty.
- Section 85 BNS criminalizes cruelty by a husband or his relatives.
- The Protection of Women from Domestic Violence Act (PWDVA), 2005: This Act provides for the protection of women from domestic violence, including physical, emotional, and economic abuse, and enables women to file complaints with police authorities.
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: This Act ensures the safety and dignity of women in the workplace and mandates employers to set up Internal Complaints Committees for addressing harassment complaints.
- The National Legal Services Authority (NALSA) Scheme, 2015: This scheme empowers women by providing legal aid services, including assistance for filing complaints and pursuing cases related to violence and discrimination.
Several government schemes are aimed at improving women’s safety and providing them with access to justice:
- One-Stop Centres (OSCs): The Ministry of Women and Child Development has set up OSCs across India to provide integrated services such as medical aid, legal assistance, police assistance, and psychological counseling to women in distress.
- Nirbhaya Fund (2013): This fund is aimed at improving women’s safety, particularly in urban areas, by enhancing security infrastructure, including the installation of CCTV cameras and the creation of women-friendly police stations.
- Beti Bachao Beti Padhao Scheme (2015): This scheme focuses on promoting gender equality, ensuring the safety of the girl child, and empowering women through education.
Several important judgments have laid down significant guidelines and set precedents for women’s safety in India:
- Vishaka v. State of Rajasthan (1997): In this landmark case, the Supreme Court laid down guidelines to prevent sexual harassment at the workplace. These guidelines were later incorporated into the Sexual Harassment of Women at Workplace Act, 2013.
- Shakti Vahini v. Union of India (2018): The Supreme Court held that the police must take immediate action in cases of honor killings and inter-caste marriages, stressing the importance of protecting women’s freedom and dignity.
- Laxmi v. Union of India (2014): The Supreme Court directed the implementation of compensation schemes for acid attack victims and emphasized the importance of protecting women from all forms of violence.
Conclusion
The Supreme Court’s proposal for an online complaint mechanism is a forward-thinking step to improve how women interact with India’s criminal justice system. It promises a more efficient, accessible, and less intimidating way for women to report crimes. As the case progresses, the government's response and incorporation of this idea into a broader legal framework will be key, with input from women lawyers and civil society groups ensuring that diverse regional concerns are addressed. This proactive approach signals progress toward empowering women and fostering a safer, more just society.
