Brutal Sexual Crimes Persist Despite Nirbhaya Reforms: Delhi High Court Urges Enhanced Security In Isolated Hospital Areas
A bail application was filed by the prime accused in the rape and fatal assault of a hospital worker.
Justice Swarana Kanta Sharma, Delhi High Court
The Delhi High Court has directed the Delhi Government to implement stringent security measures in deserted and isolated sections of hospital premises, citing the potential misuse of such areas for committing heinous crimes, particularly against women.
A bail application was filed by the prime accused in the rape and fatal assault of a hospital worker. The woman, employed as an 'aaya' (ward attendant), was allegedly lured into an isolated section of the hospital specifically, the AC plant room where she was brutally raped and assaulted. The severity of the attack left her grievously injured and disfigured, ultimately resulting in her death.
A Bench of Justice Swarana Kanta Sharma held, “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.”
Advocate Pradeep Kumar Yadav appeared for the Petitioner and Additional Public Prosecutor Manoj Pant appeared for the Respondent.
The Court emphasized the urgent need for preventive action in vulnerable spaces within hospitals. The Court directed the Chief Secretary of the Government of the National Capital Territory of Delhi (GNCTD) to take immediate note of the observations and ensure appropriate steps are taken to improve surveillance and safety in these areas.
While refusing the bail plea, the Court expressed deep concern that, more than a decade after the 2012 Nirbhaya gang rape case, instances of violent sexual crimes against women persist unabated. The Court said, “Before parting with this case, this Court deems it pertinent to record that despite the nationwide awakening and legal reforms that followed the Nirbhaya’s case, incidents of brutal sexual violence continue to surface, which shake the conscience of society. 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.”
During the bail hearing, the defense argued that there were discrepancies in the victim's initial statements and that the accused had been in judicial custody for over two years without significant progress in the trial. Furthermore, it was contended that the victim had prior acquaintance with the accused and had allegedly called him to the hospital, suggesting consensual interaction rather than forcible assault.
However, the Court dismissed these arguments, making it clear that prior familiarity between the accused and the victim does not diminish the seriousness of the crime, especially when it involves extreme violence and results in death.
“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.
The Court underscored that individual liberty of the accused must be weighed against public safety and the egregious nature of the crime, particularly in cases of such brutality.
Consequently, the Court rejected the bail application.
Cause Title: Md Shakir v. The State Govt of NCT of Delhi, [2025:DHC8295]
Appearance:
Petitioner: Advocates Pradeep Kumar Yadav, Taiyyab Khan Salmani, Anjale Patel, Deepak Yadav, Prakriti Pandey, Swapnil Singh, and Vishal Thakre.
Respondent: Additional Public Prosecutor Manoj Pant.