NewDelhi: The Supreme Court on Monday (September 28) took suo motu cognisance of several recent cases of sexual assault involving minors and women in Delhi and National Capital Region (NCR).
A bench of Justices JB Pardiwala and K Vinod Chandran referred to reports of a 17-year-old being allegedly gang-raped at Aastha Kunj Park near Delhi’s Lady Shri Ram College, the alleged gang-rape and killing of a minor in Swaroop Nagar and the alleged sexual assault of another minor in a bus travelling from Greater Noida to Delhi.
The court sought a response from the Delhi Police and raised the issue of safety in public spaces such as parks, roads and buses. The bench said these places cannot become areas where people face a high risk of sexual violence because of poor patrolling or weak surveillance.
The top court’s intervention follows four cases involving alleged sexual assault of minors in Delhi within roughly two weeks. The incidents involved different parts of the city and different settings, including a park, a street, a shop and the Swaroop Nagar area.
‘Painful parallel to Nirbhaya case’
The bench made a direct reference to the 2012 Delhi gang-rape and murder that led to protests across the country and major changes in the criminal law.
“One cannot help but draw a painful parallel to the 2012 Nirbhaya case and wonder whether lessons have been learnt. There are occurrences of sexual assault across NCR despite the guarantee of public safety. The right to live with dignity free from violence is a fundamental guarantee under Article 21 of the Constitution,” the bench said.
The judges referred to the locations involved in the recent cases and said public areas must have adequate policing and surveillance.
“Public spaces, include parks, roads, buses, metro stations, subways, etc cannot be made zones of high risk due to poor patrolling and lack of surveillance,” it said.
The court’s observations have brought police patrolling and surveillance measures before the judicial review. The apex court also referred to complaints of sexual harassment made by students of Lady Shri Ram College before the Aastha Kunj incident.
“Regrettably, these complaints failed to rectify the security lapses through advanced surveillance,” the bench said.
Aastha Kunj case and security lapses
The Aastha Kunj case has led to questions about lighting, CCTV coverage and access points at the park.
According to the police, the 17-year-old and her male friend had visited Kalkaji Mandir before entering the park. Three men allegedly approached them while posing as policemen and threatened them with legal action.
The police said the men separated the girl from her friend and took her to a secluded area, where she was allegedly sexually assaulted. All three accused were arrested. One of them was injured in an exchange of fire with the police during his arrest.
Investigators later found that the park had no CCTV cameras at its entry and exit gates. Parts of its boundary wall had collapsed, some gates were unmanned and several areas had poor lighting, according to reports.
The case has also had an impact on nearby educational institutions. LSR shifted classes online for a day after the incident, with students organising a solidarity march for the survivor.
SC seeks accountability
The bench also addressed the response of public authorities and law enforcement agencies to such incidents.
It said the statements issued after a crime are understandable. The judges then added that the incidents showed a problem in the way public safety is being handled.
“These incidents starkly underline a systematic failure on the part of the law enforcement and public administrative authorities to guarantee public safety,” the bench said.
“Concern devoid of action is not enough. What is required is measured response and accountability of persons entrusted with law enforcement,” it stated.
The court’s observations refer to Article 21, which the SC has interpreted to include the right to live with dignity.
Delhi plans new women patrol unit
The recent cases have also led to new directions for the Delhi Police.
Lieutenant Governor Taranjit Singh Sandhu has asked the city police to develop a dedicated women-centric patrol unit called the “Pink Force”. The proposed force will consist of trained women personnel and is expected to patrol schools, colleges, metro stations and other locations identified as vulnerable. The plan is based on Goa Police’s Pink Force model.
Sandhu also directed the police to continue action against eve-teasing and harassment under Operation Shishtachar. Directions were issued for greater foot and motorcycle patrolling in areas with heavy public movement, along with regular school programmes on the POCSO Act, child safety, cybercrime and road safety.
The proposed force is still at the planning stage. Its strength, launch date, district-wise deployment and patrol timings have not been announced.
Bureau Report
Leave a Reply