Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of decision: 18 February, 2020
+ W.P.(C) 10074/2017 and CM No.45843/2019
PRASHANT MANCHANDA ..... Petitioner
Through: Petitioner in person with
Mr. Harpreet Singh Hora, Adv.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Anil Soni, Central Govt. Standing
Counsel for R-1/Union of India
Mr. Gautam Narayan, Addl.Standing Counsel-
GNCTD with Ms. Shivani Vij and Ms. Dacchita
Shahi, Advs.for R-2 to R-5
Ms. Puja Kalra, Addl.Standing Counsel for North
Delhi Municipal Corporation with Mr. Virendra
Singh, Adv. for R-6/NDMC
Ms. Monika Arora, Standing Counsel-South Delhi
Municipal Corporation with Mr. Harsh Ahuja and
Mr. Kushal Kumar, Advs. for R-7/South Delhi
Municipal Corporation
Mr. Rupinder Pal Singh, Adv. for R-8/East Delhi
Municipal Corporation
SI Satish Kumar
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R
% 18.02.2020
D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 10074/2017
W.P.(C) 10074/2017 Page 1 of 13
1. This so called Public Interest Litigation has been preferred with the
following prayers :
“(i) Issue directions to Respondent No. 1, 3, 4 and 5 to
issue circulars to all the Police Stations and also direct the
concerned police officers to book the offending snatchers under
already existing stringent sections of Indian Penal Code, 1860
as also to impart and disseminate public awareness with
regards to the legal provisions and rights available with the
common man to deal with the menace of snatching.
(ii) Issue recommendations to the Respondent no. 1 and 2
to add new sections in the Criminal Law in the lines of states
like Haryana, Maharashtra, Punjab, etc to cover the lacunae in
law with a view to create a strong deterrence to the
unchecked/unabated menace of Snatching.
(iii) Direct Respondent No. 6 to 9 for providing proper
lightings and adequate safety facilities in dark and gloomy
public areas including adequate vigil in and around parks &
installation of requisite CCTV cameras in the aforesaid places.
(iv) Pass any other order(s) as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the
present petition.”
2. Petitioner appears in person submits that he intends to press only
prayer no. (iii).
W.P.(C) 10074/2017 Page 2 of 13
3. We have heard the petitioner in person and learned counsel for the
respondents. Status Report, filed by the respondent no.5, Commissioner of
Police, discloses that 6790 Close Circuit Television (CCTV) cameras have
already been installed, 2467 CCTV cameras are in the process of installation
and a tender for installation of additional 4506 CCTV has also been floated
by the respondents. Thus, in total, there will be 13,763 CCTV cameras
installed in Delhi which facilitate the concerned authority to identify the
culprits and thereby prevent offences like chain snatching, eve teasing etc. in
the public areas of city of Delhi.
4. Moreover looking to Annexure C filed alongwith the said status
report, it appears that several other steps have also been initiated by the
respondents. The details of the steps given in Annexure „C‟ are reproduced
as under :
“ INITIATIVES TAKEN BY DELHI POLICE FOR THE
SAFETY AND SECURITY OF WOMEN AND GIRLS IN
DELHI
1. ERSS 112 :- On 25.09.2019, Delhi Police has launched the
single emergency helpline No. 112 for immediate assistance. The
Emergency Response Support System (ERSS-112) will be the
common number for all kinds of emergency services including
police (100), fire (101), ambulance (103) and others functions. To
make this emergency number popular among the common public
at large, vide publicity has been given by publication in several
Hindi/English news papers.
2. Women Helpline 1091 :- A 24 hour helpline 1091 is functional
since September, 2002 to reach out to women in distress. A
W.P.(C) 10074/2017 Page 3 of 13
separate specialized Women Police Mobile Team is functioning to
attend to distress calls on this emergency helpline round-the-
clock.
3. Antl-Stalking Services for Women : - One of the main problems
faced by the women in Delhi is receiving of obnoxious telephone
calls and stalking using mobile phones. There are thousands of
such calls received from women complaining of this. Hence, all
such distress calls from women about stalking are diverted to a
special anti-stalking group in the Central Police Control Room
which functions 24 X 7 hours. From here, the staff ring-up the
abusing number and effectively deals with the aggressor which is
the demand by most of the complainants. In case of stalking calls,
it is immediately referred to the local police in real time to all
Police Stations levels through the cyber highway network.
4. Himmat Plus App : - The Himmat App for women was launched
on 01.01.2015 and unpublished on 13.02.2018. The Himmat Plus
th
SOS App for women was relaunched on 6 Feb. 2018. The App
has been made bilingual. The registration is simple and possible
through the App only. Also the app has been transformed from an
Emergency Safety App to a Utility App for all sections of the
society. The facebook page of Delhi Traffic Police and Twitter
handle of Delhi Police have also been linked with the App to
provide traffic updates as well other updates of Delhi Police for
the benefit of the users. A special feature for scanning the QR code
of the drivers of the Taxies, TSRs and e-Rickshaws has been built
in the new App. In order to increase the effectiveness and reach of
W.P.(C) 10074/2017 Page 4 of 13
Himmat App amongst youth and women, its registration process
has been simplified. Its user interface is being made more user-
friendly and an effective advertisement campaign is also being
planned. During the year 2018, 66,946 downloads have been
counted and 46111, persons have registered on Himmat Plus App.
th
During, the year 2019 (upto 30 September), 18,991 downloads
have been counted and 12,816 persons have registered on the App.
5. No jurisdictional dispute is allowed to delay police response on
a complaint. Immediate action is taken by the officer on receipt of
complaint to apprehend the accused and to provide medical and
other assistance without going into jurisdictional issues.
6. Handling of complainants : - Women complainants are handled
with respect and sympathy. Complaints made by women are
recorded verbatim, as stated by them, preferably by a lady police
officer and investigated without any uncalled for remarks or
observations by the police officers concerned.
7. Action against eve-teasers : - Beat Officers are being sensitized
regularly to take prompt action against eve-teasers, and to follow
a zero-tolerance policy in this regard. In view of recurring
complaints about eve-teasing, local police and PCR vans are
deployed outside girls' schools, colleges and educational institutes
during opening and closing hours.
8. Spl. CPAA/omen Safety is working as Nodal Officer for Delhi
to interact with women NGOs, working for women.
W.P.(C) 10074/2017 Page 5 of 13
9. ALL WOMEN PGR VANS :- Fifteen Police Control Room
Vans, manned by all women staff, from driver to 1/C Van are
stationed at the following places, i.e (i) C-Hexagon- Rajpath (ii)
Jesus & Mary College (iii) India Gate Inner Circle (iv) American
Centre / K.G. Marg (Janpath) (v) Rajeev Chowk (Metro Station)
(vi) Khan Market Metro Station (vii) Patel Chest Hospital (viii)
DU Metro Station Vishwa Vidhyalaya (ix) Karol Bagh (Metro
Station) (x) Mata Sundri College (xi) S.V. College (South Campus)
(xii) Lady Shri Ram College (South Campus) (xiii) Dayal Singh
College, CGO Complex (xiv) Gargi College, Nehru College (xv)
Laxmi Bai College, Ashok Vihar. This service is proposed to be
extended to other areas prone to Crime against Women.
10. To increase visibility of policemen on the road and keeping
tabs on criminals at the beat level, additional and integrated
police pickets have been increased for dynamic pickets checking at
vulnerable points.
11. Thana level women safety committee having representatives
of NGOs relating to empowerment of women, RWAs, MWAs,
Principals of prestigious colleges/schools, one ex-service man,
Home guard incharge, Civil defence incharge, SHO and ACP/Sub
Division are functioning to oversee the issue of women safety.
12. Special Police Unit for Women and Children has a regularly
updated website www.spuwac.com containing guidelines and
measures for safety of women and children in Delhi.
13. Special Police Unit for North East Residents : - A Special
Police Unit for North East residents has been set up in Nanakpura
W.P.(C) 10074/2017 Page 6 of 13
for making life more secure for them, and dealing with issues
related to Safety of Women pertaining to North-East region.
14. Vulnerable routes taken by women returning from
entertainment hubs and malls are being patrolled with increased
redeployment of pickets, PCR vans and motorcycle etc.
15. 30 Scorpios with modern devices have been inducted for
extensive patrolling in street crime prone areas of Delhi. These
Prakhar Vans will initially be deployed at 30 crime prone
locations and will be increased further as per the requirements of
Delhi. Also, 32 nos. Enfield Interceptor 650 ABS, 12 nos. Enfield
Thunderbird 500X and 24 nos. Enfield Himalayan 410 CC high
powered motorcycles have been purchased and deployed in the
Districts by Delhi Police for conducting intensive patrolling to
control the crime of snatchjng
16. Intensive patrolling by Beat Officers is being done around
malls, complexes, restaurant clusters, markets, near schools,
colleges, coaching institutes etc.
17. Directions from the transport department has been got issued
for all public transport vehicles to display name of the driver and
staff alongwith photographs and PSV No. inside all public
transport vehicles.
18. Data on repeat violation of the offences under the Motor
Vehicle Act , 1988 is being shared regularly with the Transport
Department of GNCTD for cancellation of R.C under "Repeat
Offence Policy".
W.P.(C) 10074/2017 Page 7 of 13
19. Mobile numbers of night GOs have been made available to
public for direct contact .
20. Sensitization and check on public places : - Action against
consuming alcohol in public place has been intensified.
21. Discotheques and night clubs have been strictly directed to
close by 01:00 AM.
22. During Special checking at Metro Stations and Railway
Stations , for the safety & security of women commuters 2,922
persons have been challaned for travelling in woman
compartments, in the year 2018 and 228 during the year 2019
th
(upto 30 September).
23. Meetings with representatives of various NGOs , working in
the field for empowerment of women, are organized on monthly
basis to discuss the improvements in safety and security of women
in Delhi.
24. Self-Defence Training :- Self-defence training was initiated in
the year-2002 by the Special Police Unit for Women and Children,
with an object to empower women by way of demonstration and
training in techniques of Martial Arts and educate them about the
tactics in self defence by using common things, which are
generally in their possession like Dupatta, Pen & Handbags to
protect themselves from attacks by anti- social elements, chain or
bag snatching, criminal assault etc. Such trainings develop a
sense of self esteem and release them from the feeling that they are
vulnerable. Such training have been imparted to 4,07,373
W.P.(C) 10074/2017 Page 8 of 13
girls/women participants in 2,213 batches from 2002 to 2019
(upto 31.08.2019). Apart from the above, 1,08,159 participants
have been trained in 662 one day's workshops, held from 2002 to
2019 (upto 31.08.2019).
25. Security audit of Paying Guest accommodations and hostels :
- Security audit of all paying guest accommodations and hostels
for women and girls has been completed. Security measures
required to be taken by them have been explained to them. A total
of 453 paying guest accommodations/ hostels have been covered.
26. Placement Agencies : - Placement agencies have been
identified to ensure that they are not used as fronts for illicit
activities like human trafficking.
27. Civic Agencies : - Civic agencies are regularly being informed
about poorly lit stretches of roads. Civic agencies have also been
requested to install CCTVs, webcams at parking lots, shopping
malls etc.
28. Traffic Police : - Traffic police has launched special drives
against Public Transport vehicles having films & tinted glasses,
unauthorized buses picking up passengers from crowded bus
stands, and against TSR/Taxi drivers for refusal or misbehavior.
Special deployment of the staff outside Metro Stations, designated
Bus Stops, Malls at identified vulnerable routes is being done to
inculcate confidence and provide on the spot help to public
transport users.
W.P.(C) 10074/2017 Page 9 of 13
29. Instructions are issued to BPOs and reviewed from time to
time to ensure that woman employees are not made to travel alone
with the cab driver and a duly verified security guard or a male
colleague (regular employee of the company) is invariably present
in each cab carrying women staff during the night hours i.e. 8 PM
to 7 AM. On our directions the BPOs are exercising effective
checks and controls on the vehicle's movement in order to prevent
unwarranted activities by cab drivers, such as picking up
strangers, straying away from the designated route, etc. by
installing GPS systems in the cabs used for transportation of the
employees.
30. Gender Sensitizatlon : - Gender Sensitization and legal
awareness programmes are being organized for police personnel
in association with the NGOs to create a gender-friendly
environment in police stations of Delhi considering the need to
educate and sensitize the police personnel on gender and related
issues including legal provisions so that women do not face apathy
and callousness while approaching police in distress. 428 gender
sensitization programmes have been conducted in which, 11923
police personnel have participated in the year 2017 and 331
gender sensitization programmes have been conducted in which,
9176 police personnel have participated during the year 2018 and,
223 gender sensitization programme have been conducted in
which, 6830 police personnel have participated during the current
th
year 2019 (upto 30 September).
W.P.(C) 10074/2017 Page 10 of 13
31. Expeditious completion of investigation of rape oases is
accorded paramount importance by Delhi Police. Investigation in
every rape case is closely monitored by the concerned DCP and
the endeavour is to file charge sheet within twenty days of
arresting the accused.
32. Speedy Trial of gang rape cases : - On the request of Delhi
Police, Hon'ble Delhi High Court has issued directions to the
District Courts in Delhi that all gang rape cases be fast tracked.
33. Shishtachar :- Under this scheme women police officers,
dressed in civil clothes, are posted at busy places like markets,
metro stations, cinema halls and buses to keep a watch on the
miscreants. In case someone is caught while eve teasing or
demonstrating an illicit behaviour, the person is immediately
nabbed and taken to the police station for further course of action.
34. Exclusive Help Desks for Women In Police Stations :-
Woman Help Desks are functioning 24X7 to attend to women
complainants and facility of one dedicated telephone line has also
been provided in all the Police Stations on this desk.
35. Public Facilitation Officer (PFO) :- Public perception of
police image is incumbent on many facets of police performance
but the most important contributory factor is how a complainant is
handled when he/she approaches a
police station with a grievance. Keeping this in mind, Delhi Police
has initiated this year a scheme of deploying Public Facilitation
Officers (PFOs) in Police Stations. In this innovative endeavour,
W.P.(C) 10074/2017 Page 11 of 13
well-trained and sensitized police officers (male & female) man
the initial contact point of the police station and have been
designated as the Public Facilitation Officers. These PFOs are
attired in specially designed civilian dress so that the fear of
uniform does not become a barrier in smooth interface and
facilitation. At present, 171 police, stations in Delhi already have
this facility which will be extended in due course to all the police
stations.
36. Establishment of women police station :- Predominantly
women staffed police station have been set-up in the North as well
as South campuses of Delhi University i.e. Maurice Nagar and
South Campus respectively for the safety of girl students and for
building confidence among them.
37. Parivartan :- In this unique experiment, targeting mainly slum
areas, women police officials are deputed to perform beat duties
and they are imparted special training to control crime against
women. Further this scheme includes educating parents, teachers,
students, youths. Area Security Committee members, NGOs and
other key persons on issues pertaining to safety of women. The
scheme also includes door-step polioing by women constables for
identification and reressal of grievances of women within the
community; intensive street performances focusing on rape and
sexual assault, dowry harassment and domestic violence against
women and awareness lectures by psychologists to sensitize
adolescent boys and girls about crime.
W.P.(C) 10074/2017 Page 12 of 13
38. Liaison with Rape Crisis Intervention Centres :- A mechanism
has been evolved to maintain a close liaison between the local
police and the District RCICs and their members like Doctors,
psychologists. Lawyers, Volunteer Organizations, Nodal Officers
etc. by convening periodical meetings so as to facilitate providing
professional counselling to rape victims.”
5. Thus, looking to the status reports filed by the respondents, it appears
that enough and adequate steps have been taken to prevent/control the
crimes/offences in Delhi. It ought to be kept in mind that “ good laws can
never restrain bad people but good people can always restrain bad
people ”.
6. In view of the above, we see no reason to further monitor this case.
However, we expect from the respondents that the steps already initiated by
them will be effectively implemented in the city of Delhi.
7. With these observations, this writ petition is hereby disposed of.
CM No.45843/2019
1. In view of the disposal of the writ petition, this application also stands
disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
FEBRUARY 18, 2020/ kr
W.P.(C) 10074/2017 Page 13 of 13