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Bal Vinayak

JUSTICE VERMA COMMITTEE REPORT FULL TEXT

265 8.   The said Memorandum also recommends, inter alia , a series of steps for ensuring safety of women.Some of these are: “xx. For improving the safety conditions on road,the concerned departments of the StateGovernment must take suitable steps to:a.   Increase the no. of beat constables, especiallyon the sensitive roads;b.   Increase the number of police helpbooth/kiosks, especially in remote and lonelystretches;c.   Increase police patrolling, especially duringthe night;d.   Increase the number of women police officersin the mobile police vans;e.   Set-up telephone booths for easy access to police; f.   Install people friendly street lights on allroads, lonely stretches and alleys; and g.   Ensure street lights are properly andefficiently working on all roads, lonelystretches and alleys.” 9.   This clearly shows that the Executive of thiscountry is fully aware of the bare minimum stepsthat are required to ensure the safety of women,and has been aware of the same, as will be seenelsewhere in this Report, for several years. Yet,despite numerous recommendations,deliberations, consultations, studies, directionsfrom the judiciary and, most importantly, theprotests of civil society, the State continues to fallwoefully short of ensuring the safety of women inthis country.10.   The Committee is of the opinion that in respect ofall public transport vehicles which move after 5.30     266 pm until 7.30 am, every transport vehicle musthave a security person.11.   The Committee divides its suggestions into threeparts:-a.   Whether it be rural or metropolitan area,the public transport vehicles must beadequately increased and it is the functionof the State to make sure that there isadequate means of transport which willincrease the level of security in respect ofwomen both during the day as well asnight.b.   In relation to metropolitan towns, it isnecessary that public transport vehiclesmust be –i.   well lit at night;ii.   must have drivers who are securityvetted and who have an identity cardof certification by the police afterwhich alone they will be permitted todrive such vehicles;iii.   in relation to vehicles which plybetween 5.30 pm and 7.30 am in themorning, it is necessary that each ofthese vehicles must have either amale or a female constable riding thebus in order to prevent anypossibility of an assault on women;c.   In rural areas, for each public transportvehicle which will ply between 5.30 pm and7.30 am, there will be either a male or afemale police to be available in the vehicle.12.   Such enforcements have become necessaryalthough they may be a drain on State Exchequer,     267 but having regard to the shameful incidents ofrape which have been witnessed in India over thelast five to six decades, it has become necessary tomake this recommendation. One of us, while hewas the Chief Justice of India had given a directionin the judgment passed in  M.C. Mehta Vs. Union of India 173 that: “Every holder of a permit issued by any of theroad transport authorities in the NCR and NCT,Delhi will within ten days from today, file with itsRTA a list of drivers who are engaged by himtogether with suitable photographs and other  particulars to establish the identity of such persons. Every vehicle shall carry a suitable photograph of the authorised driver, duly certifiedby the RTA. Any vehicle being driven by a personother than the authorised driver shall be treated asbeing used in contravention of the permit and theconsequences would accordingly follow .”13.   The above direction must be implemented strictlyacross the country. Moreover, we recommend thatthe identities of drivers and other personnel whowork in public transport vehicles be vetted by thelocal Road Transport Authority and there must bea certification of their good character by at leasttwo known persons in the city where they areoperating. The local police should have acomplete database of information regarding suchpersonnel. We are of the view that every StateGovernment must have a computerised databasewhich would have details of –a.   All the vehicles;b.   Their real owners (as against benami  owners); 173 (1997) 8 SCC 770     268 c.   It will be mandatory for the bus owners (orState Road Transport Corporations) todisplay, in good light, the bus numbers aswell as the name, age and address of thedrivers along with their photographs andcontact numbers. It should be displayedwithin the bus and should always be visibleon the outside of the bus as well;d.   In all metropolitan towns, CCTV camerasshould be installed inside each bus. TheCCTV has to be installed in a tamper-proofcondition and it will be the duty of theconstable (woman or male) who istravelling in the bus to ensure that theCCTV is not tampered with;e.   In addition, all buses should be fitted withtamper proof GPS systems. In respect ofnew buses, proposals should be made toengine/chassis manufacturers to build suchGPS tracking system into theengine/chassis before delivery to thecustomer;f.   In metropolitan areas, the city can bedivided into different zones where if thereis a deviation of the bus from the allottedroute, immediately the centralised systemcan be set in motion;g.   The Station House Officer in each area willbe responsible for the patrolling of thebuses by the PCR vans as and whennecessary and also will be personallyresponsible for the conduct of the     269 constables who are deputed inside the bus;andh.   It is necessary to have simple hotlinenumbers which can be dialled bypassengers when need arises. We alsopropose that downloadable mobile phoneapplications may be developed so thatcitizens can, with one click or touch, senddistress signals to the police. Technologymay also be developed so as to track thesignals or messages sent thus. In thisrespect, we have, after consultation withexperts, suggested a ‘Public EmergencyResponse System’ ( at Appendix 6 ), whichmay be considered.14.   We further express our distress that the State hasturned a blind eye to poor and destitute women,and women who are victims of domestic violenceand who are unable to provide shelter forthemselves. This fundamental lack of empathy,understanding and engagement reflects poorly onthe State, which has the constitutionalresponsibility to provide for those who lack accessto justice.15.   The Constitution grants every citizen afundamental right to protection againstperpetration of injustice. We would like to remindthe State that it is duty-bound to provide safespaces or safe residences for not only destitute,disabled and abused women, but also for workingwomen who are unable to find suitableaccommodation, especially in metropolitan areas.16.   Even though Section 6 of Protection of Womenagainst Domestic Violence Act, 2005, provides     265 8.   The said Memorandum also recommends, inter alia , a series of steps for ensuring safety of women.Some of these are: “xx. For improving the safety conditions on road,the concerned departments of the StateGovernment must take suitable steps to:a.   Increase the no. of beat constables, especiallyon the sensitive roads;b.   Increase the number of police helpbooth/kiosks, especially in remote and lonelystretches;c.   Increase police patrolling, especially duringthe night;d.   Increase the number of women police officersin the mobile police vans;e.   Set-up telephone booths for easy access to police; f.   Install people friendly street lights on allroads, lonely stretches and alleys; and g.   Ensure street lights are properly andefficiently working on all roads, lonelystretches and alleys.” 9.   This clearly shows that the Executive of thiscountry is fully aware of the bare minimum stepsthat are required to ensure the safety of women,and has been aware of the same, as will be seenelsewhere in this Report, for several years. Yet,despite numerous recommendations,deliberations, consultations, studies, directionsfrom the judiciary and, most importantly, theprotests of civil society, the State continues to fallwoefully short of ensuring the safety of women inthis country.10.   The Committee is of the opinion that in respect ofall public transport vehicles which move after 5.30     266 pm until 7.30 am, every transport vehicle musthave a security person.11.   The Committee divides its suggestions into threeparts:-a.   Whether it be rural or metropolitan area,the public transport vehicles must beadequately increased and it is the functionof the State to make sure that there isadequate means of transport which willincrease the level of security in respect ofwomen both during the day as well asnight.b.   In relation to metropolitan towns, it isnecessary that public transport vehiclesmust be –i.   well lit at night;ii.   must have drivers who are securityvetted and who have an identity cardof certification by the police afterwhich alone they will be permitted todrive such vehicles;iii.   in relation to vehicles which plybetween 5.30 pm and 7.30 am in themorning, it is necessary that each ofthese vehicles must have either amale or a female constable riding thebus in order to prevent anypossibility of an assault on women;c.   In rural areas, for each public transportvehicle which will ply between 5.30 pm and7.30 am, there will be either a male or afemale police to be available in the vehicle.12.   Such enforcements have become necessaryalthough they may be a drain on State Exchequer,     267 but having regard to the shameful incidents ofrape which have been witnessed in India over thelast five to six decades, it has become necessary tomake this recommendation. One of us, while hewas the Chief Justice of India had given a directionin the judgment passed in  M.C. Mehta Vs. Union of India 173 that: “Every holder of a permit issued by any of theroad transport authorities in the NCR and NCT,Delhi will within ten days from today, file with itsRTA a list of drivers who are engaged by himtogether with suitable photographs and other  particulars to establish the identity of such persons. Every vehicle shall carry a suitable photograph of the authorised driver, duly certifiedby the RTA. Any vehicle being driven by a personother than the authorised driver shall be treated asbeing used in contravention of the permit and theconsequences would accordingly follow .”13.   The above direction must be implemented strictlyacross the country. Moreover, we recommend thatthe identities of drivers and other personnel whowork in public transport vehicles be vetted by thelocal Road Transport Authority and there must bea certification of their good character by at leasttwo known persons in the city where they areoperating. The local police should have acomplete database of information regarding suchpersonnel. We are of the view that every StateGovernment must have a computerised databasewhich would have details of –a.   All the vehicles;b.   Their real owners (as against benami  owners); 173 (1997) 8 SCC 770     268 c.   It will be mandatory for the bus owners (orState Road Transport Corporations) todisplay, in good light, the bus numbers aswell as the name, age and address of thedrivers along with their photographs andcontact numbers. It should be displayedwithin the bus and should always be visibleon the outside of the bus as well;d.   In all metropolitan towns, CCTV camerasshould be installed inside each bus. TheCCTV has to be installed in a tamper-proofcondition and it will be the duty of theconstable (woman or male) who istravelling in the bus to ensure that theCCTV is not tampered with;e.   In addition, all buses should be fitted withtamper proof GPS systems. In respect ofnew buses, proposals should be made toengine/chassis manufacturers to build suchGPS tracking system into theengine/chassis before delivery to thecustomer;f.   In metropolitan areas, the city can bedivided into different zones where if thereis a deviation of the bus from the allottedroute, immediately the centralised systemcan be set in motion;g.   The Station House Officer in each area willbe responsible for the patrolling of thebuses by the PCR vans as and whennecessary and also will be personallyresponsible for the conduct of the     269 constables who are deputed inside the bus;andh.   It is necessary to have simple hotlinenumbers which can be dialled bypassengers when need arises. We alsopropose that downloadable mobile phoneapplications may be developed so thatcitizens can, with one click or touch, senddistress signals to the police. Technologymay also be developed so as to track thesignals or messages sent thus. In thisrespect, we have, after consultation withexperts, suggested a ‘Public EmergencyResponse System’ ( at Appendix 6 ), whichmay be considered.14.   We further express our distress that the State hasturned a blind eye to poor and destitute women,and women who are victims of domestic violenceand who are unable to provide shelter forthemselves. This fundamental lack of empathy,understanding and engagement reflects poorly onthe State, which has the constitutionalresponsibility to provide for those who lack accessto justice.15.   The Constitution grants every citizen afundamental right to protection againstperpetration of injustice. We would like to remindthe State that it is duty-bound to provide safespaces or safe residences for not only destitute,disabled and abused women, but also for workingwomen who are unable to find suitableaccommodation, especially in metropolitan areas.16.   Even though Section 6 of Protection of Womenagainst Domestic Violence Act, 2005, provides     265 8.   The said Memorandum also recommends, inter alia , a series of steps for ensuring safety of women.Some of these are: “xx. For improving the safety conditions on road,the concerned departments of the StateGovernment must take suitable steps to:a.   Increase the no. of beat constables, especiallyon the sensitive roads;b.   Increase the number of police helpbooth/kiosks, especially in remote and lonelystretches;c.   Increase police patrolling, especially duringthe night;d.   Increase the number of women police officersin the mobile police vans;e.   Set-up telephone booths for easy access to police; f.   Install people friendly street lights on allroads, lonely stretches and alleys; and g.   Ensure street lights are properly andefficiently working on all roads, lonelystretches and alleys.” 9.   This clearly shows that the Executive of thiscountry is fully aware of the bare minimum stepsthat are required to ensure the safety of women,and has been aware of the same, as will be seenelsewhere in this Report, for several years. Yet,despite numerous recommendations,deliberations, consultations, studies, directionsfrom the judiciary and, most importantly, theprotests of civil society, the State continues to fallwoefully short of ensuring the safety of women inthis country.10.   The Committee is of the opinion that in respect ofall public transport vehicles which move after 5.30     266 pm until 7.30 am, every transport vehicle musthave a security person.11.   The Committee divides its suggestions into threeparts:-a.   Whether it be rural or metropolitan area,the public transport vehicles must beadequately increased and it is the functionof the State to make sure that there isadequate means of transport which willincrease the level of security in respect ofwomen both during the day as well asnight.b.   In relation to metropolitan towns, it isnecessary that public transport vehiclesmust be –i.   well lit at night;ii.   must have drivers who are securityvetted and who have an identity cardof certification by the police afterwhich alone they will be permitted todrive such vehicles;iii.   in relation to vehicles which plybetween 5.30 pm and 7.30 am in themorning, it is necessary that each ofthese vehicles must have either amale or a female constable riding thebus in order to prevent anypossibility of an assault on women;c.   In rural areas, for each public transportvehicle which will ply between 5.30 pm and7.30 am, there will be either a male or afemale police to be available in the vehicle.12.   Such enforcements have become necessaryalthough they may be a drain on State Exchequer,     267 but having regard to the shameful incidents ofrape which have been witnessed in India over thelast five to six decades, it has become necessary tomake this recommendation. One of us, while hewas the Chief Justice of India had given a directionin the judgment passed in  M.C. Mehta Vs. Union of India 173 that: “Every holder of a permit issued by any of theroad transport authorities in the NCR and NCT,Delhi will within ten days from today, file with itsRTA a list of drivers who are engaged by himtogether with suitable photographs and other  particulars to establish the identity of such persons. Every vehicle shall carry a suitable photograph of the authorised driver, duly certifiedby the RTA. Any vehicle being driven by a personother than the authorised driver shall be treated asbeing used in contravention of the permit and theconsequences would accordingly follow .”13.   The above direction must be implemented strictlyacross the country. Moreover, we recommend thatthe identities of drivers and other personnel whowork in public transport vehicles be vetted by thelocal Road Transport Authority and there must bea certification of their good character by at leasttwo known persons in the city where they areoperating. The local police should have acomplete database of information regarding suchpersonnel. We are of the view that every StateGovernment must have a computerised databasewhich would have details of –a.   All the vehicles;b.   Their real owners (as against benami  owners); 173 (1997) 8 SCC 770     268 c.   It will be mandatory for the bus owners (orState Road Transport Corporations) todisplay, in good light, the bus numbers aswell as the name, age and address of thedrivers along with their photographs andcontact numbers. It should be displayedwithin the bus and should always be visibleon the outside of the bus as well;d.   In all metropolitan towns, CCTV camerasshould be installed inside each bus. TheCCTV has to be installed in a tamper-proofcondition and it will be the duty of theconstable (woman or male) who istravelling in the bus to ensure that theCCTV is not tampered with;e.   In addition, all buses should be fitted withtamper proof GPS systems. In respect ofnew buses, proposals should be made toengine/chassis manufacturers to build suchGPS tracking system into theengine/chassis before delivery to thecustomer;f.   In metropolitan areas, the city can bedivided into different zones where if thereis a deviation of the bus from the allottedroute, immediately the centralised systemcan be set in motion;g.   The Station House Officer in each area willbe responsible for the patrolling of thebuses by the PCR vans as and whennecessary and also will be personallyresponsible for the conduct of the     269 constables who are deputed inside the bus;andh.   It is necessary to have simple hotlinenumbers which can be dialled bypassengers when need arises. We alsopropose that downloadable mobile phoneapplications may be developed so thatcitizens can, with one click or touch, senddistress signals to the police. Technologymay also be developed so as to track thesignals or messages sent thus. In thisrespect, we have, after consultation withexperts, suggested a ‘Public EmergencyResponse System’ ( at Appendix 6 ), whichmay be considered.14.   We further express our distress that the State hasturned a blind eye to poor and destitute women,and women who are victims of domestic violenceand who are unable to provide shelter forthemselves. This fundamental lack of empathy,understanding and engagement reflects poorly onthe State, which has the constitutionalresponsibility to provide for those who lack accessto justice.15.   The Constitution grants every citizen afundamental right to protection againstperpetration of injustice. We would like to remindthe State that it is duty-bound to provide safespaces or safe residences for not only destitute,disabled and abused women, but also for workingwomen who are unable to find suitableaccommodation, especially in metropolitan areas.16.   Even though Section 6 of Protection of Womenagainst Domestic Violence Act, 2005, provides