Discussions about the progress of superficial women without safe public spaces: High Court of Delhi

The justice Swarana Kanta Sharma said that the real ability started with the right of women to live and move freely without fear Photo credit: Faruqui

Appealing to strict actions against those that make uncertain public spaces for womenThe High Court of Delhi said that if a harassment and fear was not created, all discussions about women’s progress were superficial.

The justice Swarana Kanta Sharma said that the real ability started with the right of women to live and move freely, without fear.

The court made the observations in a decision on February 28, while refusing to interfere with the conviction of a man for the sexual harassment of his female co-passage in a public bus in 2015.

In 2019, the court sentenced the accused and sentenced him to suffer a simple prison for a year for a criminal offense under section 354 (the attack of the criminal force in the woman with the intention to cancel her modesty) of the Indian Criminal Code and six months under the section 509, the word, the The decision was also confirmed by the Court of Sessions on Appeal.

Sexual harassment in public spaces

Refusing to show any clarity in this case, the court lamented the “deep reality of women who continue to face harassment in public spaces even after decades of independence, despite strict laws.

The court stressed that public transport became a place of vulnerability for the victim in this case and any unjustified clemency for the accused, which was caught on the spot after making improper gestures and kissed it, would encourage future perpetrators.

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

Collective responsibility in ensuring women’s safety

“Judges in such cases play an important role in sending a message to society and to the community … that if we really aspire to raise women, it is imperative to create an environment in which they are safe – without harassment, humiliation and fear – and those who make public spaces will be unsafe.

The court mentioned that the case showed a “rare court” in which foreigners, such as the bus conductor and another co-pattern, demonstrated the “commendable courage”, as they freely filed before the police, as well as the court in support of the criminal prosecution.

Such cases, he added, strengthens the importance of collective responsibility in ensuring women’s safety and that every individual in society must be against harassment.

“In this case, the presence of the alert passengers who stood with the applicant, intervened and retained the accused was crucial. Even in a crowded bus, the applicant had to defend himself, to face public humiliation and to rely on the consciousness by the participants to ensure the justice,” the court noted.

Also, the court rejected the petitioner’s assertion that, being complete foreigners, could not dare to indiscisely on the modesty of the survivor in a public framework.

The petitioner’s lawyer said he is a person with physical disabilities and mental disabilities, and the criminal prosecution has failed to establish a reason or intention behind the alleged crime.

The court said that sexual crimes are often opportunistic crimes, and the absence of previous knowledge or explicit reason has not canceled the possibility that such an act is committed.

The presence of public witnesses and their intervention have supported the applicant’s version, rather than discredit it, the court added.