Crimes against women in Delhi-NCR show systematic police failure, recalls Nirbhaya: SC

The Supreme Court on Monday observed that cases of crimes against girls and women across Delhi-NCR underline a systematic failure of the police and said 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 top court also passed a slew of directions while taking cognisance of news reports of crimes against minor girls and women across Delhi-NCR while directing the Delhi Police Commissioner to constitute dedicated police teams to conduct an immediate survey and inspection of vulnerable pockets. The court also asked media outlets, journalists and publishing platforms to practise responsible, empathetic and restrained journalism while reporting sexual offences. A bench of Justices JB Pardiwala and K Vinod Chandran said sensationalist headlines, graphic or lurid descriptions of sexual violence, and insensitive phraseology fail to serve any public interest and risk causing severe secondary trauma to the victims and their families. The Supreme Court made these observations while taking suo motu cognisance of the alleged gang rape of a 17-year-old girl at Aastha Kunj Park in Delhi, alleged gang rape and murder of a teenage girl in the Swaroop Nagar area of Delhi and alleged sexual assault of a minor girl inside a moving sleeper bus.  The law enforcement agencies allegedly failed to intercept it while it traversed a distance of over 47 km from Greater Noida to Delhi.

The court said these 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.

 “The right to live with dignity, free from the fear of violence, is an intrinsic facet of the fundamental guarantee of life and personal liberty enshrined under Article 21 of the Constitution. Public spaces, including parks, roads, buses, metro stations, subways, foot bridges, etc. cannot be permitted to become zones of high risk due to grossly inadequate illumination, poor surveillance, lax patrolling, or other preventable administrative deficiencies,” the bench said.

The top court said statements made by public authorities and elected representatives expressing concern over these incidents are understandable.

“However, expressions of concern, devoid of accountability, fall short of answering the larger institutional question. Expressing solidarity is not the solution to this social evil.

“What is required is a measurable response, with responsibility and accountability fixed upon the authorities entrusted with prevention of crime, maintenance of public order and protection of vulnerable persons,” the bench said.

The apex court said that public spaces suffering from inadequate illumination, deficient surveillance, or a lack of visible police patrolling and prompt interventional response mechanisms inevitably expose every citizen to heightened security risks.

“Where basic measures of public safety remain compromised, no individual, irrespective of age, gender, or sexual identity, can navigate public spaces with a sense of security.

“The primary obligation of the State and its instrumentalities is to maintain public spaces that are safe, accessible, and secure for all, while remaining particularly attentive to the heightened risks faced by children, women and other sexual minorities,” the bench said.

The top court sought a comprehensive status report on the measures presently undertaken to ensure adequate safety and security arrangements in public places, including parks, roads, public transport facilities, markets, educational institutions and other areas frequented by women and children.

The report shall indicate whether such arrangements remain equally effective during peak hours, late evening hours and early morning hours, when public spaces may have reduced visibility and footfall, it said.

The bench sought a report on the manner in which the National Database on Sexual Offenders is presently being utilised by the Delhi Police.

“We would require the authorities to indicate whether the database is being regularly accessed for antecedent verification and identification of repeat or habitual sexual offenders; the number of instances in which it has been utilised in investigations in Delhi during the preceding five years; and whether any system exists for translating information available through the database into lawful preventive measures,” the bench said.

As regards media, the Bench said “Before concluding, we find it imperative to observe that media reporting on sexual offences carries a profound constitutional and ethical duty. Media outlets, journalists and publishing platforms must remain deeply mindful of their solemn obligation to practice responsible, empathetic and restrained journalism in such matters.

“Sensationalist headlines, graphic or lurid descriptions of sexual violence, and insensitive phraseology fail to serve any public interest and risk causing severe secondary trauma to the victims and their families,” the bench said.

The top court reminded all print, electronic and digital media organisations of the strict statutory mandate under Section 72 of the BNS, as well as Section 23 of the POCSO Act, prohibiting the disclosure, whether direct or indirect, of the identity of any victim of sexual assault or minor child.

“Headlines and reportage must prioritise dignity, factual accuracy and institutional accountability over sensationalism, ensuring that the discourse remains centred on justice and safety.

“The district administration should call for an immediate meeting with the media houses to provide a dedicated column in the newspapers and a dedicated time in the electronic media to provide information on the protective devices and the telephone numbers, which could be accessed for immediate assistance in the event of a perceived threat,” the bench said.

The apex court said it was sure that the print and electronic media would rise to the occasion and provide a dedicated column/time, pro bono, including the phone numbers that could provide immediate assistance on such threats occurring.

“We appoint Liz Mathew, the learned senior counsel, to act as Amicus and assist this court on this burning issue. Registry shall provide one copy of this order along with the newspaper cuttings attached with it to the learned Amicus at the earliest. The Registry shall also inform the learned Amicus about this order at the earliest,” the bench said.