The Delhi High Court upheld a conviction in a sexual harassment case, highlighting the persistent issue of women’s safety. The court remarked that even after decades of independence, women continue to face harassment in public spaces, including transport. It stressed the need for stricter measures to ensure their security.
New Delhi: The Delhi High Court raised alarms over the ongoing harassment of women in public spaces, asserting that genuine empowerment starts with the freedom to live and navigate without fear.
Justice Swarana Kanta Sharma, while confirming the conviction of a man charged with sexually harassing a woman on a public bus, noted that despite strict laws, offenders continue to act with a sense of impunity, believing they can escape accountability.
The Court remarked,
“The facts of the present case reflect a deeply concerning reality, that even after decades of independence, women continue to face harassment in public spaces, including public transport, where they should feel safe and secure.”
The Court further stated,
“Despite the existence of stringent laws aimed at protecting women‘s dignity and personal autonomy, incidents like these highlight the audacity of offenders who dare to commit such acts.”
The case involved a man convicted under Sections 354 (assault or use of criminal force with intent to outrage a woman’s modesty) and 509 (insulting a woman’s modesty through words, gestures, or actions) of the Indian Penal Code, 1860.
The prosecution claimed the accused made inappropriate gestures towards the complainant while on a bus and forcibly kissed her when confronted, leading to intervention by other passengers.
The Court emphasized the importance of bystander intervention, stating,
“Even in a crowded bus, the complainant had to defend herself, face public humiliation, and rely on the conscience of bystanders to secure justice.”
It highlighted the potential consequences of inaction, questioning,
“What if no one had stood by her? What if the bus was empty? Would she have been forced to suffer in silence, with no justice in sight?”
In upholding the conviction, the Court noted that public witnesses, including the bus conductor, corroborated the complainant’s account.
It remarked,
“Sexual offenses are often opportunistic crimes, and the absence of prior acquaintance or explicit motive does not negate the possibility of such an act being committed.”
The Court concluded by stating that silence and inaction empower offenders, urging society to actively oppose harassment,
“Until we create an environment where women are safe free from harassment, humiliation, and fear all discussions on women’s progress will remain superficial.”
Also Read: Sexual Harassment in the Workplace: Laws Designed to Address and Prevent It
The Court affirmed,
“This Court finds that the learned Sessions Court rightly upheld the conviction of the appellant, and there is no patent illegality with the findings of the learned Trial Court and the learned Appellate Court is made out. In view of the above, the present revision petition stands disposed of.”
Despite decades of independence, women still face harassment in public spaces, including transport, where they should feel safe.
The Delhi High Court expressed concern over this persistent issue while upholding a sexual harassment conviction. The court emphasized the need for stricter measures to ensure women’s safety. Addressing such incidents remains a crucial societal challenge.
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