"Unhappy State of Affairs": SC on Nirbhaya Fund

While hearing a matter on safety of women, on Friday, Hon’ble Justice(s) Deepak Gupta and Madan B Lokur examined the current status of the Nirbhaya Fund.

The author hopes that there isn’t anyone among us who has possibly forgotten the horrid Nirbhaya Rape case which happened on the 16th of December, 2012, in New Delhi.

The perpetual series of rapes that keep on occurring in the country just impose a shameful mark upon our social fabric which boasts of a culture superior to the westerners.

The Governed and the Governing seem to turned a blind a eye to all the reports o rapes, when we must have taken stringent measures to usher in a social change.

Recently, in an observation by a Metropolitan Judge of the Rohini court, a man who had raped an 8 yr old child was imprisoned after being found guilty of rape, though amazingly the accused pursued the case on the lines that section 376 of the Indian Penal code does not anywhere define the ‘degree of penetration’. Good sense prevailed on the judge who acknowledged the evidence and sentenced the man to imprisonment.

In a very clear perspective, Senior Advocate, Ms Indra Jaising, amicus curiae in the Supreme Court matter sought to put forth the factual details that have marred the magnanimous layout of promoting women’s safety issues.

Mr Modi has time and again talked about empowering women, the 8th of March, 2016 address of the PM, i.e. on the international women’s day vociferously advocated the cause of so many ‘behenein’ and ‘betiyan’.

The author does not seem to put any blame on the regime but seeks to bring out the administrative inefficacy at carrying out with the instructions of the legislative.

The Amicus Curiae in the above case brought to notice that states like Goa pay rupees 10 lakh whereas Madhya Pradesh pays a mere compensation of 1 Lakh. The Central Government has not laid any guidelines or a framework that may be adopted, amended or innovated by the States.

Ms Jaisigh was a victim of harassment in a profession dominated by males, but the will in her made her survive all the ugly moments to establish her mettle and stand the troubles to break the age old customs.

The safety of women remains the guarantee of the State, if they get violated, it has to be the efforts of the State to recompense the victims.

Though a holistic approach towards creating a more protected environment for women does not call for mere compensating a victim out of the Nirbhaya Corpus but the NGOs and various state bodies must also put in their efforts at promoting gender sensitisation, fostering a social ethic for both males and females and promoting gender equality by giving a competitive environment which is ‘safe’.

The states have to take a concerted effort towards implementing a scheme aimed at providing initiatives for safety, as Police is a subject in the State list which has to grope in the Police department of every state.

There is also a need for a presence of female office bearers in almost every police station i every locality so as to promote an ethical reform in policing framework across the nation because gender sensitisation has to first start with our Police Department.

The access and disbursement of funds under the Nirbhaya Fund, must be taken up seriously by the States and the Centre to create an atmosphere of peace where feminine security is not violated at the blink of an eye.

There must be rehabilitation of offenders and counselling therapies to cure the paedophiles who commit the act on children, along side banning access to sexually explicit content on the internet.

These remain a suggestion to help the cause of our sisters, mothers, and daughters, with all the faith in the Hon’ble Court we expect to see a change in the attitude of not only the governing but also those that are being governed.


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