Suo Moto Cognisance of Rape Incidents in Delhi | SC seeks Union’s response

Today, the Bench of Justices J.B. Pardiwala and K.V. Chandran heard the matter regarding the recent instances of sexual assault and instances of rape in Delhi that has sparked protests in demand for public safety for women. The matter was taken up by the Supreme Court suo moto on 28 September following the incident of sexual assault and rape of a 17-year old at the Astha Kunj park on 22 September which lead to nationwide protests. 

The Bench stated that the Court, the State Government and the Police needed to take unanimous measures 

SG Mehta: Comprehensive reports to be placed on record

Solicitor General Tushar Mehta assured that the Union completely shared the Court’s concern and will not act adversarially to the orders of the Court. He added that the Union has begun talks with Delhi Police, Government of National Capital Territory of Delhi (GNCTD) and the Municipal Corporation and Council of Delhi. Mehta told the Court that a comprehensive report shall be presented on their behalf. 

Justice Pardiwala noted that public places in the city “are most vulnerable” and they lack both security and preventive infrastructure. He further noted that surveillance through CCTV cameras were rendered obsolete in the absence of continuous monitoring. Justice Pardiwala called on the Senior Police Officers present before the Court to submit if there is continuous monitoring of the footage from the security cameras. 

The Bench noted that there is a need to use the National Database on Sexual Offenders (NDSO) created by the National Crime Records Bureau (NCRB) for tracking sexual offenders alongside other measures to ensure that crimes of such dastardly nature may be prevented. Referring to the facts of the 2012 Nirbhaya Rape case, Justice Pardiwala also called for the closure of authorised eateries across Delhi where “anti-social elements” gather.

Amicus: Not clear whether Delhi Police has taken action

Senior Advocate Liz Matthew, appointed as the amicus curiae on 28 September, submitted that there are initiatives such as Anti-Eve Teasing Squads by the Delhi Police to foster a safer public environment. 

However, Matthew submitted that it is not clear as to whether such initiatives led to prompt action or intervention. She further submitted that audit reports by the Comptroller and Auditor General reveal that there is a 39 per cent shortage of police staff in active duty. She then suggested that QR Codes be placed in public and institutional spaces such as parks and colleges for the police to scan while patrolling, for the purpose of keeping record. 

Justice Pardiwala remarked that recruitment and training of police personnel is crucial to ensure that crimes like sexual assault and rape are prevented. He also emphasised on the need for police patrolling to be intensified. The Bench emphasised on the need for proper surveillance and quick response by the police to instill “fear” in the minds of the perpetrators. The Bench cautioned against excesses being committed during patrols as well. 

On 28 September , the Court ordered a safety audit to be conducted at public spaces across Delhi. Justice Pardiwala asked the Union for a status on the progress. To this, Mehta submitted that most of the submissions made by the Amicus “has been taken care of” but the Union would need time to put it on record. 

Senior Advocate Matthew prayed for the Ministry of Home Affairs and the Ministry of Women and Child Development to be impleaded as party. 

The Bench granted the Union four weeks to submit a response. The matter will be heard next on 16 November.