The Supreme Court (SC) on Monday took suo motu cognisance of a string of rape and sexual violence cases being reported across Delhi-NCR, raising questions over the safety of the commoners, law enforcement and the efficacy of preventive measures in the national capital region (NCR).
A bench of the apex court, comprising Justice JB Pardiwala and Justice K Vinod Chandran directed the court’s registry to register a suo motu Public Interest Litigation (PIL) and list the matter for hearing. Its intervention came amid reports of sexual offences involving females in various localities of Delhi-NCR.
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“One cannot help but draw painful parallels to Nirbhaya”: Court
During the proceedings, the apex court voiced concern over the recurrence of sexual offences in public spaces. It questioned whether there had been any meaningful improvement in law enforcement since the Nirbhaya case, which shook the nation in 2012.
The bench remarked that roads, parks, buses, metro stations, subways and footbridges cannot become high-risk areas owing to poor lighting, inadequate surveillance and other shortcomings in the administration.
It also underlined that authorities responsible for preventing such incidents must be held accountable. Justice Pardiwala drew a comparison with the 2012 Nirbhaya case, particularly while shedding light on the recent alleged gang-rape inside a moving bus reported again from the city.
In the Nirbhaya case, a woman aged 23 was gang-raped inside a moving bus in Delhi in 2012. Violent protests ensued in the aftermath of the incident, which resulted in significant changes to India’s laws pertaining to sexual offences.
Two recent cases listed before court
Among the incidents that prompted concern was the alleged rape of a 17-year-old girl at Astha Kunj Park near Kalkaji Mandir in Southeast Delhi on September 21 this year.
As per reports, the teenager had visited the temple along with a male friend before entering the nearby park. Three men, posing as cops, approached the duo, threatened them and took the girl to an isolated area, where she was allegedly sexually assaulted.
Police laid hands on one of the accused, identified as Asif, after an alleged exchange of fire. As per police, he fired at the cops during the attempted arrest and was then shot in the leg when they retaliated.
The remaining two accused, identified as Hemant and his younger brother Mukesh, were arrested later. Furthermore, the court referred to the alleged sexual assault of a 16-year-old girl aboard a moving sleeper bus on August 4.
As per a report by the Times of India, the teen belonging to Uttar Pradesh had reportedly been stranded near Pari Chowk in Greater Noida after getting off at the wrong stop during heavy rain and poor visibility.
She then sought help from what appeared to be an empty sleeper bus and was allowed inside by the driver and conductor. The duo, identified as Kuldeep and Sandeep, allegedly violated her after the bus began moving and threatened her when she resisted. The bus reportedly travelled around 47 kilometres towards Delhi and later reached Kashmere Gate, where the survivor was allegedly abandoned.
Court lays focus on accountability, prevention
The SC also questioned the institutional response after such incidents unfold, noting that expressions of concern or solidarity cannot substitute for accountability and effective preventive action.
It asserted, “Expressing solidarity is not a solution to this social evil.”
The proceedings are also likely to examine preventive measures like surveillance, lighting, patrolling and public-safety infrastructure. Reports claimed that at least 13 sexual assault cases were reported in Delhi during September alone, adding to persisting concerns over safety in the NCR.
The suo motu proceedings are at an earlier stage.