IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

I. A. NO. IN WRIT PETITION (CIVIL) NO. In the matter of :Nipun Saxena & Anr. VERSUS Union of India & ors. Respondents. Petitioners OF 2012 OF 2012

AN APPLICATION FOR PERMISSION TO APPEAR AND ARGUE AS PETITIONER IN PERSON UNDER ORDER XLVII OF SUPRME COURT RULES, 1966.

TO, THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA THE HUMBLE PETITION OF THE PETITIONERS ABOVE-NAMED MOST RESPECTFULLY SHOWETH :

SYNOPSIS & LIST OF DATES

The petitioner no.2 is public spirited upcoming lawyer and petitioner no.1 is likewise fourth year law student of National Law University, Delhi concerned with the rising rate of crime namely rape of innocent women all over the country. All the measures taken in this regard proved to be ineffective till date and hence the need of fresh innovative measures to check this menace. The first such measure should be that all public and transport vehicle should be fitted with GPS system and high security registration plate with maintenance of log book of all the destinations covered by such vehicles. All such vehicles should carry the names and telephone numbers of the owners, drivers, conductors, cleaners in large size on the back side of the vehicles. The second such measures is that the Government should give encouragement to employ more and more women as bus driver/bus conductor and also to start taxi/auto service with women under wheels so that women will have the option to choose the transport of their choice. The third such measure is to allot booths/small shops and the bus stand/railway station/ shopping malls and all along the major roads in the city to the women who had earlier Police/ Army/Para-military background to boost the confidence of the women. The fourth such measures is to revive the system of appointment of Honorary magistrate from the people of repute to check the functioning of proper transport

system and also to give the power and jurisdiction to them to issue challans etc in the event of finding violations of rules on the road. It has been seen in practice in the past or all over India that there is no complaint of sexual harassment from the petrol pumps/ food joints or take away zones/taxi/autos mend by the women. The fifth such measure should be a direction/suggestion to the ministry of women and child welfare development to encourage the participation of elderly people like grandparents, in the families of those where both the parents are working employees. The sixth such measure is a direction/suggestion to the ministry of home affairs and its police department to revive the age old practices of beat constables which has recently been substituted by patrolling by the police vehicles( Mobile PCR) for the reason that the beat constables are more effecting in gathering the intelligence/inputs of bad characters of the area and checking them in their ulterior motive and to boost confidence among the masses about the law and order situation. Simple measures by the centre and the state government can help us to contain the crime in general and heinous crime of rape, robbery and murder in particular. The petitioner is constrained to file the writ petition under Article 32 read with Article 14, 16(1) and 21 of the Constitution of India as the Right to Dignity is severely

threatened and also the right to protection if the same is jeopardized. The recent atrocity committed on 16th December, 2012 in Delhi where a girl aged 23 years was gang raped and other instances of similar offence have led the Petitioner to file the instant petition. The gruesome and heinous manner in which the said crime was perpetrated has led to the advancement of the instant petition wherein the girl was brutally attacked with a blunt object and had allegedly been raped thereafter.

The petitioner respectfully submits that four prominent issues are critical to the instant case: Firstly, the operation of private buses, especially those in the nature of bearing an interstate license and their travelling in late hours of the night, in and around National Capital Region, poses a serious threat to the safety and security of the travelers especially women and female children, who equate them with the Delhi Transport Commission approved buses and board them thereby putting their lives in great danger. The Delhi Motor Vehicles Rules, 1993 provide for three types of permit requirements, those which are DTC CNG Stage and Contract Carriage Buses, Private CNG Stage Carriage Buses, and Private CNG Contract Carriage Buses under Rule 71 A, B and C respectively.

Rule 48 defines the functioning of the State Transport Authority which is endowed with the task of granting/ revoking/ cancelling the permits of a vehicle under Rule 61 which is read with Section 86 of the Motor Vehicles Act, 1988, the authority being vested in the Secretary, State Transport Authority or any person delegated in that respect. In addition to such safeguards, Rule 95A further lays down special guidelines for educational institutional buses and omnibus transport vehicle carrying school children. However the plight of such operations is that private buses usually act in contravention of Section 84 of the MV Act, which inter alia provides for the identity of the bus operators to be painted in a legible form, in addition to the stricture imposed on driving beyond the daily duty hours, or after the course of employment. The implementation of the said provisions and ensuring their compliance is a grave hurdle, from which the drivers and other agents reap benefit. With a heavy dependence on Transport Buses by over 70 % of the total population of Delhi, the risk to their life and security becomes unimaginable, especially in the wake of the recent egregious and unfortunate event. The Drivers and other operational staff of private buses, with an intention of making additional profits carry out trips in the areas, beyond their scope of employment, and commit felonies of the nature that have been referred to

above. With a burgeoning number of private buses, the investigation, periodic review of the antecedents of the drivers and other operators becomes difficult for the State enforcement agencies to keep under its supervision. The Honble High Court of Delhi in the case of Court on its own motion v Union of India and Others. in W.P. (c) No. 16565 / 2006 has also underscored the importance of the said problem by giving directions to the State Transport Authority to make appointments of the drivers on the basis of minimum 10 +2 qualification so as to condition a better and responsible behavior towards their passengers. Another reason for a genuine identification requirement stems from the fact that the licenses are being sold and the buses are being operated by the persons other than the persons, who were awarded the license as the licenses are being sold by indirect process after taking huge money. This leads to a greater mental assurance to the perpetrator while giving effect to crimes as heinous as rape. The untracebility of the said offenders who hold interstate permits and move freely into other states further exacerbates the procedure for conducting investigation. It is therefore quintessential and urgent that owing to such a humungous number of private buses operating without valid licenses or under sold identities, should be brought to book, and immediate action should be initiated against the perpetrators by cancellation/ revocation of their licenses in addition to

booking them under other offences embedded in the Motor Vehicles Act, 1988 or Indian Penal Code, 1860. In pursuance thereof, it is most humbly requested before this Honble Court, to direct the State Transport Authority and the Police agencies to immediately cancel and revoke the licenses and permits of the buses which operate at odd timings and conduct their business without the authority of law.

Secondly, It is further most humbly submitted before this Honble Court that keeping in view of the dispensing mechanism of the Criminal justice delivery system, there is a compelling need for the establishment of a formal compensatory mechanism for victims called the Criminal Injuries Compensation Board (hereinafter referred to as CICB) which provides for instantaneous and expeditious monetary relief to the victim(s) of gruesome offences such as rape. The case of Rudul Sah v State of Bihar, (1983) 4 SCC 141 and the case of Peoples' Union for Democratic Rights (through its Secretary and Anr.) v. Police Commissioner, Delhi Police HQs. and Anr. (1989) 4 SCC 730 stand as a testimony to the veracity of expansion of right to life under Article 21. It has also been held by this Honble Court that Right to a dignified life is inherent to the very right enshrined under Article 21. Heinous offences such as Rape are an egregious violation of this Right to Life. It is therefore essential that there are additional safeguards to ensure that the sufferers of such traumatic offence are not subjected to post traumatic

mental agony. It destroys the entire psychology of a woman and pushes her into deep emotional crises. It is only by her sheer will power that she rehabilitates herself in the society which, on coming to know of the rape, looks down upon her in derision and contempt. Rape is, therefore, the most hated crime. It is a crime against basic human rights and is also violative of the victim's most cherished of the Fundamental Rights, namely, the Right to Life contained in Article 21. This Honble Court has in the causa celebre of Delhi Domestic Working Womens Forum v. Union of India and Others., (1995) 1 SCC 14, categorically laid down that for offences as deplorable as Rape, a Criminal Injuries Compensation Board should be established in addition to the already contained provisions embedded within the Code of Criminal Procedure. A further direction was issued to the Central Government to ensure that such a scheme is indispensable to achieve the objective of a reformative judicial mechanism and that the same must be implemented within six months from the date of the decision. However, the elaborate guidelines pertaining to the victim centric approach to deliver justice, has not been effectively manifested by the Government of India.

The Court while rendering its judgment is empowered under Section 357 to award compensation to the victim. However, throughout the length and breadth of the provision, the wordings of the provision, if read literally, give rise to two anomalies, namely: That there exists an

element of judicial discretion, to the prejudice of the victims right to be compensated. The second anomaly is with respect to the establishment of offence to be a prerequisite before granting such compensation. It is most respectfully submitted that there may be instances wherein the accused remains untraceable even if the medical reports suggest that rape has been committed, or in other cases where due to lack of evidence a person cannot be held guilty, however it is proven that there has been a forceful penetration, in such category of cases, the provision adumbrated under section 357 provides no recourse to the victim. It is due to these factors, that it is essential to establish a Criminal Injuries Compensation Board which will primarily be entrusted with the task of providing relief, both interim as well as final by taking into account such factors as have already been laid down by this Honble Court in the cases annotated above.

The order delivered by a division bench of this Court in the Delhi Domestic Working Womens Forum (supra) had specifically entrusted the task of setting up of CICB to the National Commission for Women, which was its legislative mandate under section 10. However, the same has not been carried out so far, therefore it is implored before this Honble Court to implead the Union of India and the National Commission for Women as a Respondent in the instant petition so as to account for the delay in setting up of a scheme of such nature for over sixteen years after the passing of the judgment.

Thirdly, that it is respectfully submitted that the Honble Court in giving effect to the Right to Speedy and fair trial as being inherent to the Right to Life may be pleased to establish Fast Track Courts for the expeditious disposal of rape cases, particularly those in the nature of Gang Rapes so that expeditious remedy can be provided to them at affordable costs. This is in specific regard to subject matter specific fast track courts, such as instances of rape cases, wherein day to day proceedings should be mandated which has been extrapolated in this Honble Courts ruling in the case of Brij Mohan Lal v. Union of India and Others. T.C. Case Civil No. 22 of 2001. The instant writ petition under Article 32 read with Articles 14, 21, 38, 39 and 41 of the Constitution has been advanced in view of ghastly instances of violence perpetrated at a burgeoning rate in India, and particularly in metropolitan areas which is violation of individuals right to life with dignity even though there is a well organized system of Delhi Police operating in the State of Delhi. Hence this Writ Petition.

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. OF 2012 Under Article 32 of the Constitution of India. In the matter of:1. NIPUN SAXENA (student) National Law University, Delhi

2. ANKITA CHAUDHARY (Advocate) Petitioners VERSUS 1. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS North Block, Central Secretariat New Delhi-110001 2. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF WOMEN AND CHILD DEVELOPMENT Shastri Bhawan, A-wing, Dr. Rajendra Prasad Road New Delhi-110001 3. SECRETARY, STATE GOVT. OF DELHI, 5/9 under Hill Road, New Delhi-110054 TRANSPORT AUTHORITY,

4. NATIONAL COMMISSION FOR WOMEN 11 Rouse Avenue Lane Deen Dayal Upadhyaya Marg, New Delhi-110002 Respondents.

WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA TO, THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA THE HUMBLE PETITION OF THE PETITIONER ABOVE-NAMED MOST RESPECTFULLY SHOWETH:

1.

That the instant writ petition filed before this Honble Court is in the nature of mandamus seeking to direct the Secretary State Transport Authority, Government of Delhi, the Central

Government and the National Commission for Women to take necessary steps in curbing the menace of rampant rape and other offences against women. 2. The instant petition has been filed under Article 32 read with Article 14, 21, 38, 39 and 41 of the Constitution, in view of the recent atrocity

committed on 16th December, 2012 in Delhi where a girl aged 23 years was gang raped. The gruesome and heinous manner in which the said crime was

perpetrated has led to the advancement of the instant petition. 3. That the petitioner is the citizen of India and have locus to file the above writ petition under Article 32 of the Constitution of India in this Hon'ble Court. 4. That the petitioner respectfully submits that four prominent issues are critical to the instant case. Firstly, the operation of private buses, especially those in the nature of bearing an interstate license and their travelling in late hours of the night, in and around National Capital Region, poses a serious threat to the safety and security of the travellers, who equate them with the Delhi Transport

Commission approved buses. 5. That the petitioner respectfully submitted before this Honble Court that keeping in view of the dispensing mechanism of the Criminal justice delivery system, there is a compelling need for the establishment of a formal compensatory mechanism for victims called the Criminal Injuries

Compensation Board (hereinafter referred to as CICB) which provides for instantaneous and

expeditious monetary relief to the victim(s) of gruesome offences such as rape. 6. That the above mentioned act is an animalistic act which has taken place and a shocking incident and the worst possible crime to have taken place. 7. That the petitioner submits that this is not a petition that has been triggered by the sole

incidence of the alleged rape that took place on 18th December, 2012 wherein a girl was attacked and rape. These shocking incidents have shaken the moral conscience of the society, and particularly of the women who feel unsafe and unsecured to move out of their homes. 8. That the petitioner, therefore, is advancing the present writ petition under Article 32 of the Constitution of India raising the following questions of law:A. Whether there is a violation of Article 21 of the Constitution of India which encapsulates the Right to live with freedom and dignity? B. Whether the failure of the State and its enforcement

agencies in taking proactive steps to mitigate the hardship caused to the victim and a consequent failure in taking preventive measures to curb the growing menace of Rape violative of the Right to Life adumbrated under Article 21 which includes Right to Human dignity? 9. That the aforesaid relief has been prayed for under Articles 32 read with Articles 14, 21, 38, 39 and 41 of the Constitution of India before this Honble Court as the state agencies have repeatedly failed to take effective steps to provide for an effective redressal to the women. 10. The petitioner has not filed any other similar writ Petitioner before this Hon'ble Court or before the Honble High Court for the relief sought herein. PRAYER It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:A) ISSUE a Writ of mandamus to the Secretary, State Transport Authority and the Commissioner of Delhi Police to cancel / revoke license of such permit holders who are in violation of provisions of the Motor Vehicles Act especially in view of the

recent increment in rapes, and to conduct immediate inquiry into the antecedents of such drivers/ license holders. B) ISSUE a Writ of mandamus to the Union of India and the National Commission of Women to file a status report entailing the steps taken by them to establish Criminal Injuries Compensation Board. C) ISSUE a Writ of mandamus directing the Central Government and NCW to take steps to set up a Criminal Injuries Compensation Board in breach of its order passed in Delhi Domestic Working Womens Forum v. Union of India has resulted into contempt of such order for over 16 years. D) ISSUE a Writ of mandamus to the State

Governments for the establishment of Fast Track Courts to deal with specific instances of Rape Cases throughout India. E) PASS such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case;
AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL EVER PRAY AS DUTY-BOUND

Drawn & Filed by:

(ANKITA CHAUDHARY, NIPUN SAXENA)

Petitioners in Person DATE OF DRAFTING: 20.12.2012 PLACE: New Delhi FILED ON: 20.12.2012

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. In the matter of :Nipun Saxena & Anr. VERSUS Union of India & ors. AFFIDAVIT I, Nipun Saxena, presently at New Delhi, do hereby solemnly affirm and state as under : 1. That I am one of the petitioners in the Writ Petition and well acquainted with the facts and circumstances of the present case and in that capacity, competent to swear the present affidavit in support of the present Writ Petition and the accompanying List of Dates. 2. That the facts of the accompanying Writ Petition in paras 1 to from pages 1 to the synopsis is from page No. A to and the I.A. for direction running from page No.to of the Paper-Book have been prepared under my instructions as well as read over and explained to me and I say that the contents of the same are true and correct to my knowledge. No part of it is false and nothing material has been kept concealed therefrom. DEPONENT VERIFICATION Verified at New Delhi on this 20th day of December, 2012 that the facts stated in the above affidavit are true to my knowledge. No part of the same is false and nothing material has been kept concealed therefrom. DEPONENT Respondents. Petitioners OF 2012

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

I. A. NO. IN WRIT PETITION (CIVIL) NO. In the matter of :Nipun Saxena & Anr. VERSUS Union of India & ors. Respondents. Petitioners OF 2012 OF 2012

AN APPLICATION FOR DIRECTION UNDER ORDER XLVII OF SUPRME COURT RULES, 1966.

TO, THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA THE HUMBLE PETITION OF THE PETITIONERS ABOVE-NAMED MOST RESPECTFULLY SHOWETH :
1. That this is a petition under Article 32 of the constitution of India, praying for the issue of direction, orders or writ as may be appropriate for the

enforcement of fundamental rights by part III of the constitution of India.

2.

That the petitioner craves leave of this Hon'ble Court to refer to the contents of the writ petition at the time of hearing of this application.

3.

That it is in the interest of justice that the rights of the petitioner may be protected during the pendency of their case in this Hon'ble Court and therefore makes the following prayer for direction.
PRAYER It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to :

a) DIRECT the Secretary, State Transport Authority and the Commissioner of Delhi Police to cancel / revoke license of such permit holders who are in violation of provisions of the Motor Vehicles Act especially in view of the recent increment in rapes, and to conduct immediate inquiry into the antecedents of such drivers/ license holders. b) DIRECT the Union of India and the National Commission of Women to file a status report entailing the steps taken by them to establish Criminal Injuries Compensation Board. c) HOLD that the failure of Central Government and

NCW to take steps to set up a Criminal Injuries Compensation Board in breach of its order passed in Delhi Domestic Working Womens Forum v. Union of India has resulted into contempt of such order for over 16 years. d) DIRECT the State Governments for the

establishment of Fast Track Courts to deal with specific instances of Rape Cases throughout India. e) PASS such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case;
AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL EVER PRAY AS DUTY-BOUND Drawn & Filed by:
(ANKITA CHAUDHARY, NIPUN SAXENA)

Petitioners in Person DATE OF DRAFTING: 20.12.2012 PLACE: New Delhi FILED ON: 20.12.2012

INDEX SI. NO. 1. 2. LIST OF DATES. CIVIL WRIT PETITION ALONGWITH AFFIDAVIT. I. A. NO. OF 2012 P A R T I C U L A R S. PAGE NO. A -

3.

AN APPLICATION FOR DIRECTION

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. In the matter of :Nipun Saxena & Anr. VERSUS Union of India & ors. Respondents. Petitioners OF 2012

WITH

I. A. NO. OF 2012 AN APPLICATION FOR DIRECTION

PAPER BOOK (For Index : Kindly see inside) --------------------------------------------------------------------------------------------------------PETITIONERS IN PERSON : ANKITA CHAUDHARY & NIPUN SAXENA

--------------------------------------------------------------------------------------------------------Filed On: 20.12.2012

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. In the matter of :Nipun Saxena & Anr. VERSUS Union of India & ors. AFFIDAVIT OF URGENCY I, Nipun Saxena, presently at New Delhi, do hereby solemnly affirm and state as under : 1. That I am one of the petitioners in the Writ Petition and well acquainted with the facts and circumstances of the present case and in that capacity, competent to swear the present affidavit in support of the present Writ Petition and the accompanying List of Dates. 2. That the matter is urgent and requires immediate hearing as in the wake of escalation in the incidence of rape on hourly basis wherein the majority of such heinous crimes of rapes, sexual assault have been committed on such contract buses which do not have proper licenses and permission from the transport authority and running on fraudulent identities within the knowledge of transport authority and police. That recent crimes have all been committed are moving vehicles like cars/cabs, SUV, charted buses and also on private owned buses meant for public transport and therefore to reduce/prevent such crimes against women and especially students and working women. This matter needs to be heard immediately. The facts stated herein are true and correct to my knowledge. No part of it is false and nothing material has been kept concealed therefrom. DEPONENT VERIFICATION Respondents. Petitioners OF 2012

Verified at New Delhi on this 20th day of December, 2012 that the facts stated in the above affidavit are true to my knowledge. No part of the same is false and nothing material has been kept concealed therefrom. DEPONENT

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

I. A. NO. IN WRIT PETITION (CIVIL) NO. In the matter of :Nipun Saxena & Anr. VERSUS Union of India & ors. Respondents. Petitioners OF 2012 OF 2012

AN APPLICATION FOR PERMISSION TO APPEAR AND ARGUE AS PETITIONER IN PERSON UNDER ORDER XLVII OF SUPRME COURT RULES, 1966.

TO, THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA THE HUMBLE PETITION OF THE PETITIONERS ABOVE-NAMED MOST RESPECTFULLY SHOWETH :
1. That today a petition under Article 32 of the

Constitution of India, praying for the issue of direction, orders or writ as may be appropriate for the

enforcement of fundamental rights by part III of the Constitution of India has been filed.
2.

That the petitioners may be permitted by this Honble

court to appear and argue in person before this Honble Court. PRAYER It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to :
A)

PERMIT the petitioners to appear and argue in person before this Honble Court Honble Court and by this

B) PASS such other order or orders as this Hon'ble Court

may deem fit and proper in the facts and circumstances of the present case;
AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL EVER PRAY AS DUTY-BOUND Drawn & Filed by:
(ANKITA CHAUDHARY, NIPUN SAXENA)

Petitioners in Person

FILED ON: 20.12.2012

To, The Registrar Supreme Court of India Diary No. 42734 W.P (C) 565/2012 Subject: Application for Urgent Hearing Before the Honble Chief Justice of India Nipun Saxena & Anr. Versus Union of India & ors Sir, That the matter is urgent and requires immediate hearing as in the wake of escalation in the incidence of rape on hourly basis wherein the majority of such heinous crimes of rapes, sexual assault have been committed on such contract buses which do not have proper licenses and permission from the transport authority and running on fraudulent identities within the knowledge of transport authority and police. That recent crimes have all been committed are moving vehicles like cars/cabs, SUV, charted buses and also on private owned buses meant for public transport and therefore to reduce/prevent such crimes against women and especially students and working women. This matter needs to be heard immediately. In pursuance thereof we request you to kindly permit us to raise our grievances before the Honble Chief Justice of India as the date given by the Registry is 11.01.2013 by which time it would be too late to initiate any preventive measures especially in the wake of rapid increment in instances of rape and sexual assault. We have observed the requisite formalities by attaching an urgency affidavit with the writ petition. We therefore implore you to kindly consider it as an urgent matter and list it today. Thanking you.
Petitioners-in-Person Nipun Saxena Ankita Chaudhary

Petitioners Respondents