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The Supreme Court of India has expressed serious concern over the lack of sensitivity shown by several courts in cases involving sexual assault victims. Taking suo motu cognisance of an “insensitive and inhuman” judgment of the Allahabad High Court from March 2024, the Supreme Court has indicated that it may introduce comprehensive, gender-sensitive procedural guidelines applicable across all courts in the country. Background: Allahabad High Court’s Controversial March 17 Judgment The controversy began with a March 17 ruling of the Allahabad High Court which held that grabbing a minor girl’s breasts, breaking the string of her pyjama, and attempting to drag her under a culvert did not amount to an attempt to rape. The High Court downgraded the charge from attempt to rape to Section 354B IPC and certain POCSO provisions, claiming that the act had not progressed sufficiently to constitute an attempt. The Supreme Court immediately suspended this ruling, calling it “unfortunate”, “inse...

The Supreme Court of India has issued a significant caution regarding the regulation of digital platforms like YouTube, stressing that excessively rigid controls could have a chilling effect on freedom of speech. While acknowledging the urgent need to prevent misuse of online spaces and protect individual rights, the Court reiterated that any regulatory mechanism must be balanced, flexible, and constitutionally sound. Supreme Court’s Emphasis on a Balanced Digital Regulatory Framework During the hearing on Monday, a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi highlighted that the rising misuse of YouTube and similar platforms demands stringent oversight. However, the judges warned that harsh and inflexible rules could unintentionally impose a gag on free expression and lead to devastating consequences for digital creators and public discourse. The Bench stated that increasing incidents of online content violating privacy, dignity, and individual r...

Strengthening School Safety: A Call to Action The Ministry of Education has taken a decisive step to enhance the protection of children in schools across India by urging all States and Union Territories (UTs) to implement the "Guidelines on School Safety and Security-2021." This directive follows crucial instructions from the Supreme Court, emphasizing the need for a safer learning environment. What Are the Guidelines on School Safety and Security-2021? These guidelines, introduced by the Ministry, are designed to establish a robust framework for ensuring the safety and security of students in educational institutions. They apply to all Government, Government-aided, and Private Schools, focusing on creating a secure and nurturing environment for students. Key Features: - Accountability: School management, including principals and teachers, are held accountable for the safety of children, both within the school premises and during transportation. - Preventive Education : Educ...

Supreme Court Reserves Verdict on Appeal Against Madras High Court Order on Watching Child Porn The Supreme Court has reserved its verdict on an appeal challenging the ruling of the Madras High Court, which stated that downloading and possessing child pornography is not considered a crime. This decision has sparked significant debate and concern regarding the legal framework surrounding such offenses. Bench's Consideration and Verdict Reservation A bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala heard arguments from both parties before reserving the verdict. The court has allowed the parties involved to submit written submissions by Monday, indicating the complexity and importance of the case. Appeal and High Court Ruling The appeal was filed by NGOs Just Rights for Children Alliance and Bachpan Bachao Andolan against the Madras High Court's ruling in January. The High Court's decision essentially stated that simply downloading and watching c...