SC takes suo moto cognisance regarding assessment of criminal justice system in response to sexual offences

The Supreme Court issued a notice to Centre, state governments and Union Territories and sought their response while taking suo moto cognisance regarding the assessment of criminal justice system in response to sexual offences.

A Bench headed by Chief Justice SA Bobse asks Centre through Home Secretary, all the states and UTs through Chief Secretaries, to file their responses and posted the matter for hearing on February 7 next year.

The court took suo moto cognisance in the light of 2012 Delhi gang-rape case and Telangana gang-rape and murder case.

"Post Nirbhaya incident, which shocked the conscience of the nation, many amendments were introduced in criminal law redefining the ambit of offences, providing for effective and speedy investigation and trial. Still, the statistics would reveal that desired results could not be achieved," the top court observed.

"As per the latest report of National Crime Records Bureau of Crime in India in the year 2017, total 32,559 cases of rape were registered in India. The delay in such matters has, in recent times, created agitation, anxiety and unrest in the minds of the people. The Nirbhaya case is not an isolated case where it has taken so long to reach finality. In fact, it is said that it has been one of the cases where agencies have acted swiftly taking into account the public outrage," it added.

The Supreme Court stated that it is necessary to take stock of the implementation of provisions of criminal law, including the said amendments, relating to rape cases and other sexual offences. It is necessary to call for information with regard to the status of affairs at ground level from various duty holders like investigation agencies, prosecution, medico-forensic agencies, rehabilitation, legal aid agencies and also courts to get a holistic view to make criminal justice system responsive in the cases of this nature, it noted.

It also stated about the utilisation of 'Nirbhaya Fund.'

"In the year 2013, a separate fund, namely, Nirbhaya Fund for projects of women safety to support initiatives by government and NGOs was created. It is important to inform ourselves how far has the purpose of setting up the fund been achieved," said the Supreme Court.

The top court has also sought a status report on the utilisation of the Nirbhaya Fund by Centre or State Governments.