Legal accountability for women's safety on Indian streets discussed
Authorities can be held responsible if they fail to discharge lawful duties or address foreseeable risks, according to legal experts.
According to a report by the Times of India, legal questions remain regarding whether authorities can be held accountable when women face harassment due to police inaction or unsafe public infrastructure.
Vishal Gehrana, a partner at Karanjawala & Co, said that while the government is not an insurer against every criminal act, public authorities must discharge lawful duties and respond to foreseeable risks.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, information regarding cognizable offences can be provided regardless of where the offence occurred. For specified offences against women, a woman police officer or another woman officer must record the information.
If an officer in charge refuses to record information, Section 173(4) of the BNSS allows the complainant to send it in writing to the Superintendent of Police. The complainant may also approach a jurisdictional magistrate under Section 175(3).
Aditi Singhal, an advocate at the Supreme Court of India, noted that women reporting offences may face gender bias, such as being asked about their clothing or being pushed towards compromises.
Singhal said departmental action against police personnel and writ petitions seeking the implementation of legal safeguards are possible remedies when officers fail to perform statutory duties.