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Supreme Court of India· 28 September 2026

Is the right to live with dignity, free from the fear of violence, an intrinsic facet of Article 21 of the Constitution?

IN RE: RECENT RAPE INCIDENTS IN DELHI NCR
2026 INSC 1063 · Suo Moto Writ Petition (Criminal) No. 6 of 2026
Coram: Justice J.B. Pardiwala · Justice K. Vinod Chandran
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Answer

The right to live with dignity, free from the fear of violence, is an intrinsic facet of Article 21 of the Constitution.

Yes. The right to live with dignity, free from the fear of violence, is an intrinsic facet of the fundamental guarantee of life and personal liberty under Article 21 of the Constitution. Public spaces, including parks, roads, buses, metro stations, subways and foot bridges, cannot be permitted to become zones of high risk due to grossly inadequate illumination, poor surveillance, lax patrolling, or other preventable administrative deficiencies, and expressions of concern devoid of accountability fall short of answering the larger institutional question.

Headnote

Constitution of India — Art.21 — Bharatiya Nyaya Sanhita, 2023 — s.72 — POCSO Act — s.23 — Public spaces — Safety of women and children — Suo moto proceedings — (Interim order) Constitution of India — Art.21 — Public spaces — Dignity free from the fear of violence — Held: The right to live with dignity, free from the fear of violence, is an intrinsic facet of Article 21; public spaces cannot be permitted to become zones of high risk through inadequate illumination, poor surveillance or lax patrolling. (¶5, 6) Bharatiya Nyaya Sanhita, 2023 — s.72 — POCSO Act — s.23 — Media reporting — Identity of victim — Held further: Media reporting on sexual offences carries a profound constitutional and ethical duty, and Section 72 of the Bharatiya Nyaya Sanhita, 2023 and Section 23 of the POCSO Act carry a strict statutory mandate prohibiting direct or indirect disclosure of the identity of any victim. (¶17) Suo moto proceedings — Immediate steps — Status reports — Delhi-NCR — Held further: Pending the status reports, immediate steps are directed within four weeks: police teams to survey vulnerable pockets, a district-wise vulnerability map, and a lighting and CCTV audit, with an affidavit from the Registrar General on the Fast Track Special Courts. Matter posted on 5-10-2026. (¶12, 13, 20)

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In the Court's own words
Paragraph 5These incidents, considered alongside other recent reports of sexual offences across Delhi-NCR, starkly underline a systemic failure on the part of law enforcement and civil administrative authorities to guarantee basic public safety. The right to live with dignity, free from the fear of violence, is an intrinsic facet of the fundamental guarantee of life and personal liberty enshrined under Article 21 of the Constitution. Public spaces, including parks, roads, buses, metro stations, subways, foot bridges, etc. cannot be permitted to become zones of high risk due to grossly inadequate illumination, poor surveillance, lax patrolling, or other preventable administrative deficiencies.
Paragraph 6The statements made by public authorities and elected representatives expressing concern over these incidents are understandable. However, expressions of concern, devoid of accountability, fall short of answering the larger institutional question. Expressing solidarity is not the solution to this social evil. What is required is a measurable response, with responsibility and accountability fixed upon the authorities entrusted with prevention of crime, maintenance of public order and protection of vulnerable persons.
Acts & Sections
Art. 21 Constitution of Indias.72 Bharatiya Nyaya Sanhita, 2023s.23 Protection of Children from Sexual Offences Act, 2012

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Also decided in this judgment
Does the POCSO Act, read with Section 72 of the Bharatiya Nyaya Sanhita, 2023, bar direct or indirect disclosure of the identity of any victim?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections