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• Padma Baraik, a member of the Schedule Tribe community and claiming to be a victim of atrocities and heinous crimes had approached the Supreme Court for enforcement of fundamental rights under Article 21 & in public interest, sought the court's intervention so that no other women have to face what she did.

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  Noting that the State is under an obligation to take requisite steps for protecting environment and punishing crime, the Supreme Court has observed that these are inherent duties which require no specific order for compliance.

A resident of Ranchi, Jharkhand, belonging to the Scheduled Tribe community and victim of heinous atrocities, Padma Baraik filed a writ petition under Article 32 of the Constitution of India seeking the following reliefs :-

“a. Issue writ in the nature of public interest litigation directing the respondents to safeguard the universe, rivers and nature That, Most humbly and respectfully states and submits that the situation of incident of rape occurs to me and the same would not occurs in any other women of my country and Women be safe, Safety and live with full dignity by order of this Hon’ble Court of which highly obliged the same.
b. As this Hon’ble Court deems fit and proper in the interest of justice Women at large."

A bench of Justices Indira Banerjee and JK Maheshwari further noted that Baraik had been contemplating committing suicide, but refrained from doing so.

The writ petition for enforcement of the fundamental right under Article 21 of the Constitution was filed public interest espousing the cause of the fundamental right of the citizens of the country to live peacefully in a society free from crime, diseases deprivation and sorrow.

The court was of the view that there was no doubt that the State is under a duty to take requisite steps to protect environment, save nature and natural resources prevent and punish crime and ensure that the right of citizens to live with dignity is not violated.

"These being the inherent duties, such duties necessarily have to be complied with. No specific order of this Court is required", it added.

With this view, while disposing of the petition, the bench ordered that if Baraik had any specific grievance of breach of any specific legal obligation of the State or is tortured or subjected to indignity or crime, she may approach the appropriate authorities/Court.

Cause Title: PADMA BARAIK Vs. UNION OF INDIA