Women Face Harassment In Public Even After Decades Of Independence, Real Empowerment Begins With Right To Move Freely: Delhi HC

The Delhi High Court has observed that even after decades of independence, women face harassment in public spaces and emphasised that real empowerment begins with the right to live and move freely without fear.

“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. 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,” Justice Swarana Kanta Sharma said.

"The facts of the case and the acts of the accused reflect that girls are not safe even in public spaces today. The facts of the case also reflect this being a harsh and unsettling reality," the Court lamented.

The Court said that silence and inaction empower offenders and every individual in society has a duty to stand against harassment and uphold the rule of law.

It added that first an environment must be created where women are safe— free from harassment, humiliation, and fear and those who make public spaces unsafe must be dealt with strictly.

“Until that happens, all discussions on women's progress will remain superficial—since real empowerment begins with the right to live and move freely without fear,” the Court said.

Justice Sharma was dealing with a plea filed by a man challenging a trial court order convicting him for the offences under Sections 354 (assaulting or using criminal force against a woman to outrage her modesty) and 509 (insult a woman's modesty through words, gestures, or actions) of the Indian Penal Code, 1860.

It was alleged that the man had made inappropriate gestures and winked at the complainant in a bus despite her objections. She had slapped him and a co-passenger had asked him to leave. It was alleged that the man had forcibly held and kissed her on the lips and had refused to let her go.

Upholding the conviction, Justice Sharma noted that testimonies of the witnesses clearly revealed that the accused was caught hold of by the public while indulging in the alleged acts.

“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 presence of public witnesses and their intervention supports the complainant's version rather than discrediting it,” the Court said.

The Court added that the bus conductor and another passenger, who were eyewitnesses to the incident, clearly deposed against the accused, further corroborating the prosecution's case.

“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?,” the Court said.

Justice Sharma concluded that the case serves as a reminder that silence and inaction empower offenders, and that every individual in society has a duty to stand against harassment and uphold the rule of law.

Title: ANUPENDER v. STATE OF NCT OF DELHI

Citation: 2025 LiveLaw (Del) 253

Click here to read order