Category Archives: Supreme Court

SC Directs all Cities and Towns to set up Help Line numbers to prevent Eve Teasing

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Supreme Court has directed that all Cities and Towns shall set up help line numbers to report Eve teasing and has directed that such help line numbers be widely published.
Supreme Court of India has laid down above directions in case of Inspector General of Police Versus S. Samuthiram [reported in 2013 [1] SCC 598] date of decision 30.11.2012 (Hon’ble Justice K.S.Radhakrishnan and Hon’ble Justice Dipak Misra)
If the said orders are not being complied with by any City, Town or State Government, Union Territories, District Collectors, and the District Superintendent of Police, a Citizen can approach Hon’ble High Court or Supreme Court for enforcing the said directions.
In Para “
34.5 The State Governments and Union Territories are directed to establish Women Helpline in various cities and towns, so as to curb eve-teasing within three months.
34.6 Suitable boards cautioning such act of eve-teasing be exhibited in all public places including precincts of educational institutions, bus-stands, railway stations, cinema theatres, parties, beaches, public service vehicles, place of worship, etc.
34.7 Responsibility is also on the passers-by and on noticing such incident, they should also report the same to the nearest police station or to Women Helpline to save the victims from such crimes.
If violation of above directions of Supreme Court are noticed by a public spirited Citizen and if desires to take a steps, it is advisable that he should first bring the violation to the notice of concerned District Collector and District Superintendent of Police and should give them reasonable time to take necessary steps.
This can be seen from Para 34.8 as under:
“34.8 The State Governments and Union Territories of India would take adequate and effective measures by issuing suitable instructions to the authorities concerned including the District Collector and the District Superintendent of Police so as to take effective and proper measures to curb such incidents of eve-teasing
A complete copy of judgement should be downloaded by a searching on Google or on Supreme Court website supremecourtofindia.nic.in
HARESH RAICHURA
29.03.2013

Can Supreme Court or High Court order any PRIVATE individual to do something? My answer is no. Reasons->

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Supreme Court in India has under Art.32 and High Courts have powers under Art 226 to issue orders (i. e. Writ of Mandamus).

But such writs/orders can be only issued to Govts, Govt bodies or Authorities covered under Art.12 of the Constitution of India.

Such orders cannot be issued to private individuals, or private bodies unless they are aided by Govts or govt bodies with State funds.

If they are violating any laws, SC or HC can direct concerned authorities to take steps in accordance with law.

But they have no powers to issue such writs or orders to private individuals to do or not to do a particular act.

This is my academic and personal view. You must consult and seek advice of an advocate, before applying this information to real situations.

Haresh Raichura
25/3/2013