R.K. JOYSANA Vs. UNION OF INDIA
LAWS(MANIP)-2019-12-14
HIGH COURT OF MANIPUR
Decided on December 07,2019

R.K. Joysana Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

RAMALINGAM SUDHAKAR,J. - (1.) Heard Mr. M. Hemchandra, learned senior counsel appearing for the petitioner and Mr. N.Kumarjit, learned AG for the State respondents and Mr.S.Samarjeet, learned CGC for the Union respondents.
(2.) This PIL has been directed to be listed on an early date considering the seriousness of the issue wherein the safety of women in domestic as well as in public sphere including work place is being seriously jeopardised in the form of violence like harassment due to assault, stalking, molestation, rape, etc. They face violence on streets, public transport, parks, work place and in other public places. One such dastardly incident happened in the outskirts of Hyderabad city very recently which shocked the conscience of our nation and the world, more particularly, the women. The gruesome manner in which the victim was ill treated by the accused reveals the brutal nature of the mind of the accused person involved in the offence. Earlier, a similar incident also happened in New Delhi resulting in the formation of Nirbhaya fund by the Ministry of Women and Child Development, Government of India and its objects are as follows :- "The Nirbhaya Fund Framework provides for a non-lapsable corpus fund for safety and security of women to be administered by the Department of Economic Affairs (DEA) of the Ministry of Finance (MoF) of the Government of India. Further, it provides for an Empowered Committee (EC) of officers chaired by the Secretary, Ministry of Women and Child Development (MWCD) to appraise and recommend proposals to be funded under their framework. It also provides for the concerned Ministry/Department to seek approval of the designated competent financial authority, as well as of the DEA for funding of such proposals under the Nirbhaya Framework. As per this framework, the MoF through DEA is the nodal Ministry for any accretion into and withdrawal from the corpus, and the MWCD is responsible to review and monitor the progress of sanctioned projects/schemes in conjunction with the concerned Central Ministries/Department. Budget allocations against approved projects are made in the budget of the respective Ministries/Departments through Demands or Supplementary Demands for Grants"
(3.) Consequent thereto, the Ministry of Women and Child Development, Government of India issued guidelines for proposal from Central Government, Ministries, Departments, States, Union Territories to be funded under the Nirbyaya Fund. The scope of guidelines is at para No.1.1. The same reads as follows:- "Ministry of Women and Child Development Government of India. 1 INTRODUCTION 1.1 Women safety issues cut across sectors and can range from domestic to public sphere as well as the workplace. Violence in public spaces is an everyday occurrence for women and girls around the world, both in urban and rural areas. Women and girls experience various types of violence in public spaces from harassment to assault including stalking, molestation, rape etc. Women face violence on streets, public transport and parks, in and around schools and workplaces, in public sanitation facilities and water and food distribution sites, or in their own neighborhoods. This reality reduces women's and girls' freedom of movement. It reduces their ability to participate in school, work and in public life. It limits their access to essential services, and enjoyment of cultural and recreational opportunities. It also negatively impacts their health and well-being. Violence against women and girls in public spaces impedes women empowerment by restricting their mobility and is therefore recognized as women rights violation." Nodal authority is specified in para No.1.2. The role of the Central Government, Departments and State Government is specified in Clause No.1.3, which reads as follows:- "1.3 Central Government Ministers/Departments and State Governments/UT Administrations may formulate proposals factoring in women safety issues in their sector within the public sphere for seeking funding under Nirbhaya Fund. The concerned State Government/Department will formulate a proposal for women security and safety with regard to their sector (for example - road transport, police, power etc.) and submits the same to concerned Central Government Ministry/Department with an advance copy to the Secretary (also Chairperson of Empowered Committee), Ministry of Women and Child Development, Room No.601, A Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi-110001." ;


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