Staff Reporter
Guwahati: The Gauhati High Court on Monday dismissed a PIL with a plea to the court to issue directions to the Assam government to introduce legislation mandating compulsory castration of individuals convicted of the crimes of gang rape, rape and murder along with rape of minors to make such punishment a deterrent against such heinous crimes.
Chief Justice Vijay Bishnoi and Justice Kardak Ete passed the judgement in a PIL petition (PIL/48/2024) filed by Reetam Singh, wherein the petitioner raised a concern that crime against women, particularly rape cases, is on the rise in Assam, and therefore, the Assam government is required to take some drastic steps in this regard.
The PIL sought directions to the government to apprise the HC on the present status of rape crimes in the state of Assam, along with the various stages of investigation, inquiry and trials of such crimes. It also asked the court to form a committee to investigate the reasons for the increasing number of rape crimes in Assam and the low rate of charge sheeting while suggesting further measures to make the state safer for women and children, among other prayers.
Primarily, the PIL asked the HC to direct the Assam government "to bring in laws to introduce the punishment of compulsory castration of individuals involved in the crime of gang rape(all ages), rape and murder (all ages) along with rape of minors to make such punishment a deterrent against heinous rape crimes in the State of Assam."
The Director General of Police, Assam, filed a counter affidavit detailing the measures adopted by the state government in consonance with its policy of zero tolerance towards crimes committed against women and children. The affidavit also said Assam Police are very active on the social media platforms to generate social awareness on various aspects of crime in general and also for crime against women and children, in particular. A total of 320 Women Help Desks have been set up in the state to make the police stations more women-friendly and approachable. Heinous crimes against women and children, such as rape, murder, child sexual abuse, trafficking, etc., are accorded top priority, and therefore, proper monitoring of such cases is carried out to ensure time-bound investigations. This is the reason for so many such cases resulting in conviction, including the death penalty.
The petitioner insisted that the schemes launched by states like Andhra Pradesh and Telangana also be directed to be adopted by Assam and has also prayed that the amendment bill in the name of the Aparajita Women and Child Bill (West Bengal Criminal Laws and Amendment), 2024, also be introduced in the State of Assam.
After going through the materials, the HC said, "Every state has its own challenges in tackling the crimes against society, including crimes against women and children. A scheme introduced or implemented by a particular state may not necessarily be effective in another state. Any scheme for tackling crimes in a particular state is formulated and implemented after taking into consideration the ground realities of that state. In such circumstances, no such directions can be issued that the State of Assam may implement or adopt a scheme of other states for tackling the crimes against women and children," and dismissed the PIL for being without any merit.
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