"Even After Decades Of Independence, Women Continue To Face Harassment In Public Spaces": Delhi High Court While Upholding Conviction In Sexual Harassment Case

The Delhi High Court has expressed concern over the continued harassment of women in public spaces, emphasizing that true empowerment begins with the right to live and move freely without fear.

The Single Bench of Justice Swarana Kanta Sharma, while upholding the conviction of a man accused of sexually harassing a woman on a public bus, observed that despite stringent laws, offenders continue to act with impunity, believing they can evade consequences.

“The facts of the present case reflect a deeply concerning reality—that even after decades of independence, women continue to face harassment in public spaces, including public transport, where they should feel safe and secure,” the Court remarked.

"Despite the existence of stringent laws aimed at protecting women‘s dignity and personal autonomy, incidents like these highlight the audacity of offenders who dare to commit such acts, believing they can evade consequences," the Bench added.

The case involved a man convicted under Sections 354 (assault or use of criminal force with intent to outrage a woman’s modesty) and 509 (insulting a woman's modesty through words, gestures, or actions) of the Indian Penal Code, 1860. The prosecution alleged that the accused had made inappropriate gestures at the complainant while traveling on a bus. When confronted, he forcibly kissed her, prompting intervention from other passengers.

The Court noted, "In this case, the presence of alert passengers who stood by the complainant, intervened, and apprehended the accused was crucial. Even in a crowded bus, the complainant had to defend herself, face public humiliation, and rely on the conscience of bystanders to secure justice."

"Despite the existence of strong laws aimed at protecting women from harassment and assault, incidents like these expose the audacity of perpetrators who act with impunity. The fear is not just about the crime itself but about the apathy that often follows—what if no one had stood by her? What if the bus was empty? Would she have been forced to suffer in silence, with no justice in sight?," it said.

Upholding the conviction, the Single Bench noted that public witnesses, including the bus conductor, had testified against the accused, corroborating the complainant’s version. "Sexual offenses are often opportunistic crimes, and the absence of prior acquaintance or explicit motive does not negate the possibility of such an act being committed,” the Court observed.

The Court further stated that silence and inaction empower offenders and emphasized that society must actively stand against harassment. “Until we create an environment where women are safe—free from harassment, humiliation, and fear—all discussions on women's progress will remain superficial,” the Bench concluded.

The Court ordered, "This Court finds that the learned Sessions Court rightly upheld the conviction of the appellant, and there is no patent illegality with the findings of the learned Trial Court and the learned Appellate Court is made out. In view of the above, the present revision petition stands disposed of."

Cause Title: Anupender v. State of NCT of Delhi [Neutral Citation No. 2025: DHC: 1329]

Appearance:-

Petitioner: Advocates Manoj Kumar Mahaur, Deenanath, Abhishek, Mohd. Shahzad

Respondent: APP Naresh Kumar Chahar

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