Discussion of women's progress superficial without safe public spaces: Delhi High Court

Delhi High Court calls for strict action against public space harassment, emphasizing the need for women's safety and empowerment.

Calling for strict action against those who make public spaces unsafe for women, the Delhi High Court has said unless an environment free from harassment and fear was created, all discussions on women's progress were superficial.

Justice Swarana Kanta Sharma said real empowerment began with women's right to live and move freely without fear.

The court made the observations in a judgement passed on February 28 while refusing to interfere with the conviction of a man for sexually harassing his female co-passenger on a public bus in 2015.

In 2019, the trial court convicted the accused and sentenced him to undergo simple imprisonment for one year for offence punishable under Section 354 (Assault of criminal force to woman with intent to outrage her modesty) of the Indian Penal Code and six months under Section 509 (Word, gesture or act intended to insult the modesty of the woman) IPC. The decision was also upheld by the sessions court in appeal.

Refusing to show any leniency in the case, the court lamented the "deeply concerning reality" of women continuing to face harassment in public spaces even after decades of independence, despite stringent laws.

The court emphasised that public transport became a site of vulnerability for the victim in this case, and any undue leniency to the accused, who was caught on the spot after he made inappropriate gestures and forcibly kissed her, would embolden future perpetrators.

"The facts of the case and the acts of the accused reflect that girls are not safe even in public spaces today. The facts of the case also reflect this being a harsh and unsettling reality," said the court.