The Supreme Court of India, on May 27, issued notices to the Central and State governments, as well as the Bar Council of India (BCI), in response to a petition advocating for enhanced safety measures for women lawyers who are required to visit police stations as part of their professional duties. The case, titled Geeta Jain Aggarwal v. Union of India & Ors., was presided over by a bench comprising Justices Vikram Nath and Sandeep Mehta.
The petition highlights the increasing risks faced by women advocates, including harassment and intimidation, when they operate within police stations, which lack a defined legal framework to safeguard their safety. Recent incidents in Noida and Karnataka, involving allegations of misconduct and assault by police personnel towards women advocates, underscore the petition’s claims of a systemic failure to provide a secure working environment in these State-controlled spaces.
This lack of security measures not only inhibits women lawyers from performing their duties but also infringes upon their constitutional rights. The petition argues that the absence of protective mechanisms deters women from entering police stations, particularly during late hours, thereby affecting their right to practice law, as guaranteed under Article 19(1)(g) of the Indian Constitution. Furthermore, it violates their rights to equality and life under Articles 14 and 21, respectively.
To address these concerns, the petition proposes several safeguards, including the mandatory presence of women police officers during interactions with women advocates, especially during odd hours. It also suggests the implementation of comprehensive CCTV coverage with audio recording within police stations, alongside digital entry and monitoring systems. Additional recommendations include the establishment of independent complaint redressal mechanisms, the appointment of nodal officers responsible for advocates’ safety, and the development of a standardized operating procedure (SOP) governing police interactions with advocates.
The petition further advocates for periodic gender sensitization training for police personnel and calls for protective measures against retaliatory actions toward advocates who report police misconduct.
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The plea draws parallels with the landmark Supreme Court decision in Vishaka v. State of Rajasthan, which led to the formulation of guidelines to prevent sexual harassment at workplaces in the absence of existing legislation. It argues that the current situation similarly reflects a legislative gap necessitating judicial intervention.
The petition, submitted through Advocate Pravir Chowdhury, emphasizes that police stations, as government-controlled spaces with coercive authority, place a heightened responsibility on the State to ensure no woman professional faces harassment or indignity while performing her duties.
