'Painful parallels with 2012 Nirbhaya case': SC takes suo motu cognisance of rising rape cases in Delhi-NCR

A bench comprising Justice JB Pardiwala and Justice K Vinod Chandran observed that they were distressed by the news reports regarding recurring sexual offences in the National Capital Region, and stressed the need to fix accountability.

The bench directed the apex court registry to register a suo motu public interest litigation in the matter and list it for hearing.

"One cannot help but draw painful parallels with the 2012 Nirbhaya case, raising the question of whether systemic law-enforcement mechanisms have made any meaningful progress in the decade since then," Justice Pardiwala said.

In its order, the court said a series of deeply disturbing news reports over the past few weeks detailing serious crimes against minor girls and women across Delhi-NCR had raised concerns over the safety and security of public spaces in and around the national capital

It said the harrowing account given by the 17-year-old victim of the alleged gangrape at Aastha Kunj Park was a stark reminder of the persistent vulnerabilities faced by women and children in spaces that ought to be safe and accessible to all.

"The safety concerns emerging from this incident, however, cannot be viewed in isolation. This incident has also brought to light pre-existing complaints of recurrent sexual harassment faced by students of Lady Shri Ram College for Women, situated in the immediate vicinity of Aastha Kunj Park" the Court pointed out. 

Regrettably, these prior grievances failed to serve as a wake-up call for the police or the local administration to rectify institutional security lapses through enhanced patrolling and vigilance before yet another victim fell prey to unscrupulous perpetrators," the court said.

According to media reports cited before the court, three men allegedly gang-raped the 17-year-old on September 21 at Aastha Kunj Park near Kalkaji Temple in southeast Delhi. The men allegedly posed as policemen. It was also brought to the court's notice that at least 13 cases of sexual assault had been reported in the national capital this month.

The Supreme Court said the rising incidents in Delhi-NCR highlighted what it described as a systemic failure on the part of law enforcement and public administration to ensure basic public safety.

The bench also took serious note of a recently reported incident involving the alleged sexual assault of a minor girl inside a moving sleeper bus, which law enforcement agencies failed to intercept as it travelled more than 47 km from Greater Noida to Delhi.

"One cannot help but draw painful parallels to the 2012 Nirbhaya case, calling into question whether systemic law enforcement mechanisms have made any meaningful progress in the decade since then," the court said.

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The bench said the incidents, considered alongside other recent reports of sexual offences across Delhi-NCR, "starkly underline a systemic failure" on the part of law enforcement and civil administrative authorities to guarantee basic public safety.

It said the right to live with dignity and free from the fear of violence was an intrinsic facet of the fundamental guarantee of life and personal liberty under Article 21 of the Constitution.

"Public spaces, including parks, roads, buses, metro stations, subways, foot bridges cannot be permitted to become zones of high risk due to inadequate illumination, poor surveillance, lax patrolling or other preventable administrative deficiencies," the bench said.

The court said concern expressed by public authorities and elected representatives over such incidents was natural, but merely expressing concern was not enough to fix accountability.

"Expressing solidarity is not a solution to this social evil," the court said.

The bench stressed the need for measurable action and accountability for officials responsible for preventing crime, maintaining public order and ensuring the safety of vulnerable sections.

It directed that, pending consideration of status reports and in view of the gravity of the concerns, certain immediate measures be undertaken within four weeks.

"The Commissioner of Police, Delhi, shall constitute dedicated police teams for each police district, headed by an officer not below the rank of Deputy Superintendent of Police, to conduct an immediate survey and inspection of vulnerable pockets within their respective jurisdictions, including the outskirts, isolated stretches, parks, transport hubs, markets, educational-institution zones and other public places," the court said.

The audit, it said, should be based on NCRB data, local intelligence, past and present complaints, previous incidents and other objective indicators to identify locations prone to such crimes.

The teams have also been directed to identify locations where poor lighting, lack of surveillance, insufficient patrolling, abandoned structures, poor access control or other deficiencies may increase the risk of crime.

The court appointed senior counsel Liz Mathew as amicus curiae to assist it on the issue.

"Registry shall provide one copy of this order along with the newspaper cuttings attached with it to the Amicus at the earliest. List the matter on October 5, for further directions and compliance," the bench said.