SC issues notice on plea seeking protocol to protect women police personnel during protests

New Delhi: The Supreme Court on Tuesday issued notice to the Centre on a public interest litigation (PIL) seeking a uniform protocol for the protection of women police personnel deployed for public-order duties and the management of protests across the country.

A Bench of Chief Justice of India Surya Kant, and Justices Joymalya Bagchi and V. Mohana issued notice on the petition filed by advocate Ashish Gopal Garg and tagged it with a pending clutch of petitions, with the matter listed for further hearing on November 3.

The petition, filed through advocate-on-record (AoR) Shweta Garg, has sought directions to the Centre to frame a comprehensive framework for ensuring the safety of women police personnel during protest deployments, preserving and authenticating electronic evidence, including AI-generated material, and ensuring an independent examination of allegations of misconduct by police personnel and violence against them.

The plea raises concerns over incidents during recent protests in Delhi linked to the Special Intensive Revision (SIR) of electoral rolls and demands concerning the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar.

It refers to allegations of violence against police personnel, including women officers and constables, as well as the circulation of digitally manipulated material on social media. The petitioner has contended that women police personnel are repeatedly deployed in crowded and volatile situations where they face risks with a specific gender dimension. It has also highlighted the possibility of fabricated or manipulated digital material being circulated as evidence before investigating agencies or courts could, independently, examine its authenticity.

The petition states that the constitutional framework requires both the protection of peaceful assemblies and action in accordance with law against violence, unlawful use of force and sexual misconduct, based on an objective assessment of reliable evidence.

The petitioner has argued that there is no published protocol uniformly addressing the safety of women police personnel during protest deployments, the reporting and redressal of sexual harassment in the field, the independent examination of complaints against police personnel and the preservation and authentication of electronic evidence relating to protests.

The plea has sought the framing of a Women Police Personnel Protection and Protest Management Protocol, along with directions for preserving CCTV footage, body-worn camera recordings, control-room footage and other relevant electronic evidence.

It has also sought a framework for the forensic authentication of disputed digital material, an effective complaint mechanism for women police personnel and the independent examination of allegations against police personnel.

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