Despite Nirbhaya reforms, sexual violence against women continues: Delhi High Court

The Delhi High Court recently ordered the Delhi government to ensure security in the deserted areas of hospitals which may be misused for crimes against women [Md Shakir v The State Govt of NCT of Delhi].

Justice Swarana Kanta Sharma asked the Delhi Chief Secretary to take note of the Court’s observations. 

“In this regard, this Court is of the view that particular care must be taken with regard to those areas of hospital buildings which are relatively deserted or isolated, and which may be misused for the commission of such crimes, for the purpose of providing security by the Government of NCT of Delhi,” the Court ordered. 

In an order passed on September 16, Justice Sharma expressed anguish over the fact that despite more than a decade since the Nirbhaya gang rape case in Delhi, incidents of brutal sexual violence against women continue to surface.

“Each such incident serves as a painful reminder that laws alone cannot control such crimes, unless accompanied by their strict enforcement, as well as putting in place effective measures aimed at prevention and deterrence of such offences,” the Court observed. 

The judge passed the order while denying bail to one Md Shakir, the prime accused in the rape and assault of a hospital worker in Delhi. 

The woman was allegedly attacked and raped by Shakir. The assault left her severely injured and disfigured and she ultimately succumbed to her injuries. 

During the bail hearing, Shakir’s counsel argued that there were inconsistencies in the victim’s initial statements and that the accused had languished in jail for over two years with the trial progressing at a slow pace.

It was stated that the case cannot be of forcible assault because the victim and the accused were known to each other, and it was the victim who had allegedly called the accused to the hospital. 

However, Justice Sharma rejected the contention. 

The Court observed that prior acquaintance between the accused and victim did not mitigate the gravity of the crime and that in cases involving such brutality, individual liberty must be balanced against the safety of society and the seriousness of the crime. 

“Regrettebly, this case highlights that the female workers in the hospitals are also vulnerable to sexual violence in the hospital buidling itself, as in the present case – the victim who was working as ‘aaya’ fell prey to sexual and physical violence leading to her death due to brutality with which she was sexually assaulted in the AC plant room of the hospital,” the Court observed. 

Therefore, it rejected the bail plea. 

Advocates Pradeep Kumar Yadav, Taiyyab Khan Salmani, Anjale Patel, Deepak Yadav, Prakriti Pandey, Swapnil Singh and Vishal Thakre appeared for Md Shakir. 

The State was represented by Additional Public Prosecutor Manoj Pant. 

[Read Order]