Safe at 11 pm: women’s safety is the State’s duty, not a curfew on women
By Dr. Sonia PandeyAssociate Editor, Nyaya Pathshala · 15 October 2026
After the Kalkaji park assault and a string of cases across Delhi-NCR, the Supreme Court has said every woman should feel safe even at 11 pm. What the law already promises survivors, and why closing gates and blaming women is the wrong answer.
In short
- On 28 September 2026 the Supreme Court took suo motu cognisance of a string of rape cases in Delhi-NCR, including the assault of a 17-year-old in Aastha Kunj Park near Kalkaji temple. On 5 October it told the police: “What is important is to prevent a crime, not what you do after a crime is committed.”
- The official response so far has included closing park gates after sunset. Restricting where women can go treats them as the problem. The Constitution says safety is the State’s duty, under Art 21, and that women may move freely, under Art 19(1)(d).
- The new criminal laws give survivors concrete rights: a Zero FIR at any police station, a statement recorded by a woman officer, free treatment at any hospital, a medical report within 7 days, investigation in 2 months, and compensation.
- Most sexual violence is committed by someone the survivor knows. Real safety means lighting, transport, patrolling, working complaint committees and fast, sensitive investigation, not curfews or dress advice.
- Emergency: 112 · Women’s helpline: 181 · Free legal aid: 15100.
On the evening of 21 September 2026, a 17-year-old girl prayed at Kalkaji temple in south Delhi and walked into the park behind it with a friend. According to the police, three men claiming to be policemen separated them and sexually assaulted her. All three were arrested the next day. In the weeks that followed, Delhi-NCR reported one assault after another, including that of a minor girl inside a moving sleeper bus.
Then came the familiar responses. Parks would allow entry through fewer gates after sunset. Online, people asked what the girl was wearing and why she was out. As a teacher of criminology and victimology, I have heard these questions after every such case since 2012. They are the wrong questions, and the law says so.
What the Supreme Court said
A bench of Justices J.B. Pardiwala and K. Vinod Chandran took up the cases on its own. On 5 October it said that “every woman in Delhi-NCR should feel safe even at 11 pm”. It noted that people had reportedly warned the police about the men in the Kalkaji case, spoke of “hooligans who keep harassing girl students” near colleges, and pointed to thousands of unauthorised eateries where anti-social elements gather. It asked the police to use the national database of sexual offenders and to create fear among habitual offenders.
The Court’s message is about prevention. That is a duty of the State, not a burden on women.
Safety is a right, and the State owes it
- Art 21 protects life and personal liberty, which the Supreme Court has long read to include dignity and bodily integrity.
- Art 19(1)(d) gives every citizen, woman or man, the freedom to move freely throughout India. A city that is unsafe after dark restricts this right in practice.
- Art 14 and 15 forbid discrimination, and Art 15(3) allows special measures for women, not restrictions on them.
So when a public authority responds to an assault by limiting when women can use a park, it shifts the cost of the State’s failure onto women. The better answer is the one Delhi University students asked for when they marched on 23 September: working streetlights, CCTV that is actually monitored, reliable patrols and safe routes to college.
What the law promises a survivor
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) sets out specific rights. Every woman should know them:
- Zero FIR, anywhere: under Sec 173 BNSS, any police station must register the FIR, whatever the area of the crime. It can also be lodged electronically.
- A woman officer: the statement of a woman alleging a sexual offence must be recorded by a woman police officer.
- Free treatment, at any hospital: under Sec 397 BNSS, every hospital, government or private, must give first aid and medical treatment free of cost, and inform the police.
- Medical examination: under Sec 184 BNSS, it must be done by a registered doctor within 24 hours, with the survivor’s consent, and the report sent to the investigating officer within 7 days.
- Time limits: investigation of rape must be completed within two months (Sec 193 BNSS), and the trial within two months of the chargesheet (Sec 346 BNSS).
- Privacy: disclosing the identity of a survivor is an offence under Sec 72 BNS. This includes social media posts.
- Compensation: under Sec 396 BNSS, the State Legal Services Authority can award compensation, including interim relief, even before the trial ends. Free legal aid is available through 15100.
Where the survivor is under 18, the POCSO Act also applies, with child-friendly procedures and stricter punishment. Gang rape of a girl under 18 carries life imprisonment for the rest of one’s natural life, or death, under Sec 70(2) BNS.
Why “cover up” and curfews do not work
Victimology teaches that blaming the victim does two kinds of harm. It shames survivors into silence, and it takes attention away from those who actually commit the crime. National crime data has shown for years that in the vast majority of rape cases the accused is known to the survivor. A curfew for women would not have prevented most of these crimes.
The silence is already deep. In the National Commission for Women’s 2025 survey of 12,770 women in 31 cities, 40% said they felt “not so safe” or “unsafe”, and about two-thirds of incidents of harassment went unreported. The Supreme Court’s own Handbook on Combating Gender Stereotypes (2023) asks judges to stop using language that blames women. Society should do the same.
What needs to change
- Safety audits with women at the table: parks, bus stops and metro exits should be audited for lighting, visibility and help points, with women residents and students involved.
- Patrolling where harassment happens: near colleges, markets and late-night eateries, as the Court itself identified.
- Working complaint committees: every college must have a functioning Internal Complaints Committee under the UGC’s 2015 regulations on sexual harassment, and students must know who sits on it.
- Sensitive, time-bound investigation: the BNSS deadlines must be met, and survivors kept informed about their case.
- Compensation without delay: Legal Services Authorities should pay interim compensation quickly, so that survivors are not left alone during a long trial.
Read more: how to file an FIR, sexual harassment at work and college, compensation from the State and free legal aid.
Common questions
Can the police refuse to file my complaint because the incident happened in another area?
No. Under Section 173 BNSS, every police station must register a Zero FIR for a cognizable offence, whatever the area, and transfer it to the right station. If they refuse, you can send the complaint to the Superintendent of Police or Commissioner, or approach a magistrate.
Can a private hospital refuse to treat a rape survivor?
No. Section 397 BNSS requires every hospital, public or private, to give first aid and medical treatment free of cost to survivors of sexual offences and acid attacks. Refusal is itself punishable.
Is it a crime to share a survivor’s name or photo on social media?
Yes. Section 72 BNS punishes anyone who prints or publishes the name or any detail that may identify a survivor of rape, with imprisonment of up to two years and fine.
How long can the investigation take?
Section 193 BNSS says the investigation into rape must be completed within two months from the date the information was recorded. The trial should be completed within two months of the chargesheet.
Sources
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
