Delhi High Court Calls for Strict Action Against Sexual Harassment in Public Spaces

New Delhi, March 1: The Delhi High Court has underscored the urgent need for strict action against individuals who make public spaces unsafe for women, emphasizing that true empowerment begins with their right to live and move freely without fear. Justice Swarana Kanta Sharma made these observations while upholding the conviction of a man for sexually harassing a female co-passenger on a public bus in 2015.

Delivering the verdict on February 28, the court refused to interfere with the man’s conviction, reinforcing that any leniency would embolden future perpetrators. The case revolved around an incident where the accused made inappropriate gestures and forcibly kissed a woman on a bus. In 2019, a trial court had sentenced him to one year of simple imprisonment under Section 354 (Assault or criminal force with intent to outrage modesty) of the Indian Penal Code and six months under Section 509 (Word, gesture, or act intended to insult the modesty of a woman). The decision was subsequently upheld by the sessions court.

‘A Harsh and Unsettling Reality’​

The court lamented the persistent issue of women facing harassment in public spaces, despite decades of independence and stringent laws. It highlighted how public transport has become a site of vulnerability, stating that unless a harassment-free environment is created, all discussions on women's progress remain superficial.

“The facts of this case reflect the deeply concerning reality that even today, women are not safe in public spaces. Unless those who make public areas unsafe are dealt with strictly, discussions on women’s progress are meaningless,” Justice Sharma remarked.

Role of Public Witnesses in Ensuring Justice​

In a rare and commendable instance, the bus conductor and another co-passenger testified against the accused, demonstrating the crucial role of bystanders in upholding justice. The court acknowledged their courage and emphasized that ensuring women’s safety is a collective societal responsibility.

“In this case, the presence of alert passengers who stood by the complainant, intervened, and apprehended the accused was crucial. Even in a crowded bus, the complainant had to defend herself, face public humiliation, and rely on the conscience of bystanders to secure justice,” the court observed.

Rejecting the Accused’s Plea​

The court dismissed the accused’s defense that, as a complete stranger, he could not have dared to outrage the survivor’s modesty in a public setting. His counsel argued that he was physically handicapped and mentally disabled, and that the prosecution failed to establish intent.

However, the court held that sexual offences are often opportunistic, and the lack of prior acquaintance or explicit motive does not negate the possibility of such crimes occurring. It emphasized that the intervention of public witnesses strengthened the complainant’s case rather than discrediting it.

Setting a Precedent for Women’s Safety​

The judgment reinforces the judiciary’s stance on zero tolerance towards sexual harassment in public spaces. By upholding the conviction, the court has sent a strong message that such acts will not be taken lightly and that the legal system will stand firm in safeguarding women's rights.

This ruling serves as a crucial reminder that public vigilance and collective responsibility play a vital role in tackling sexual harassment. It highlights that ensuring women’s safety requires not just stringent laws but also active intervention from society.