Supreme Court on recent Delhi rape cases involving minors: 'Painful parallel to Nirbhaya case'

The Supreme Court on Monday took suo motu cognisance of rising instances of sexual assault against minors and women in the national capital region seeking response from Delhi Police and stating that public spaces including parks, buses and roads cannot be made “zones of high risk”.

A bench of justices JB Pardiwala and K Vinod Chandran took note of the news reports concerning the recent rape of a 17-year old at Aastha Kunj park near Lady Sri Ram College, the gang-rape of a minor at Swaroop Nagar, and the sexual assault of another minor inside a bus travelling from Greater Noida to Delhi.

‘Painful parallel to Nirbhaya case’

Taking serious exception to the repeated incidents of sexual assault on minors, the bench said, “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.”

Noticing that the above incidents occurred inside a park, road and a bus, the bench said, “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.”

The court held police to account as it noticed in the news report that in the Aastha Kunj incident, it came to light how students of LSR College had complained of instances of sexual harassment that went unaddressed. “Regrettably, these complaints failed to rectify the security lapses through advanced surveillance.”

The bench further noted that statements issued by public authorities and law enforcement agencies on the incidents is understandable. However, it added, “These incidents starkly underline a systematic failure on the part of the law enforcement and public administrative authorities to guarantee public safety.”

“Concern devoid of action is not enough. What is required is measured response and accountability of persons entrusted with law enforcement,” it stated.