'Brutal Rapes Persist Despite Nirbhaya Reforms': Delhi HC Orders Security In Isolated Hospital Areas Citing Vulnerability Of Female Staff

The Delhi High Court has directed the Delhi Government to take steps to provide security to the areas of hospital buildings in the national capital which are deserted or isolated and may be misused for committing rapes and sexual assault.

Justice Swarana Kanta Sharma said that "despite the nationwide awakening and legal reforms" that followed the Nirbhaya case, incidents of "brutal" sexual violence continue to surface, which shakes 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,” the Court said.

Justice Sharma refused regular bail of a man accused of brutally raping a young woman in a hospital building where she used to work, leading to her death.

“The present case brings before this Court a disturbing account of human cruelty, where a young woman became the victim of a brutal physical and sexual assault. The attack left her writhing in pain, grievously injured, her face mutilated, her body bearing clear marks of violence – and her spirit crushed under the weight of an inhuman crime outside the gate of a hospital in Delhi,” the Court said.

It added that though the victim was rushed to the hospital, she managed to briefly narrate the ordeal inflicted upon her even in fragile state, but ultimately succumbed to her injuries.

The Court rejected the accused's argument that he was known to the victim and since it was the victim who had allegedly called him to the hospital, it cannot be a case of forcible assault.

The Court said that a previous relationship or acquaintance cannot be stretched to mean a blanket or continuing consent, nor can it justify any subsequent act of violence.

“Prima facie, the medical examination of the victim has revealed multiple injury marks on her body, which are reflective of resistance and struggle, and brutality with which she was assaulted, which makes it clear that she did not consent to the acts committed upon her. Therefore, the argument of the applicant in this regard, premised on prior acquaintance between the victim and the applicant, is without any merit and is accordingly rejected,” it added.

Further, the judge said that the case highlights that female workers in the hospitals are also vulnerable to sexual violence in the hospital building itself.

The Court said that the victim in the case at hand, 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.

“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 said.

“A copy of this order be forwarded to the Chief Secretary, GNCTD as well as Secretary, Department of Law, GNCTD for taking note of the observations made in this judgment,” it added.

Title: MD SHAKIR v. THE STATE GOVT. OF NCT OF DELHI

Citation: 2025 LiveLaw (Del) 1151

Click here to read order