Author: Vanshika jain, Teerthankar Mahaveer university
Introduction:
How did the Nirbhaya case happen on December 16, 2012? In this case, a 23-year-old girl was gang-raped by six people on a bus. That 23-year-old girl was traveling by bus with a friend. At that time, there were six people on the bus. After some time, the doors of the bus were closed, and the route was also changed. When the girl’s friend questioned the people about all this, they attacked her with rods and made her unconscious. After that, the accused dragged Nirbhaya to the back of the bus and raped her one by one. When Nirbhaya tried to protect herself, one boy attacked her from the rod. The boy put that rod in the girl’s private part, due to which her intestine got pulled out. Those six boys together raped Nirbhaya very brutally. After brutally raping her, Nirbhay and his friend were thrown naked near the Mahipalpur flyover.
A passerby passing near the flyover called the police. After which, she was admitted to the hospital, where the doctor told her that only 5 percent of Nirbhaya’s intestine was left. After that, he was sent to Singapore for treatment, where he died on December 29, 2012. In her statement given to the police, Nirbhaya said that she wants to punish those six boys who brutally raped her. In case of serious injury seeing the courage shown by the girl while identifying the culprits, the case was named Nirbhaya. After this case, many massive demonstrations took place across the country, including in Delhi.
What happen with the culprits?
The Delhi Police arrested the culprit very soon after taking a lot of action. Which also took a lot of time. One of the criminals was also a minor. After the case went to court, the court found them all guilty. The names of those six culprits were Ram Singh, Mukesh Singh, Vinay Sharma, Pawan Gupta, Akshay Thakur, and minor Mohammad Afroz. Out of which, bus driver Ram Singh committed suicide in jail on March 11, 2020, and the minor was sentenced to 3 years imprisonment. The remaining four criminals were sentenced to death on March 20, 2020. It took 7 years to hang the culprits in Nirbhaya and get justice.
Legal Reforms:
In the aftermath of the Nirbhaya case, the Indian government introduced several key legal reforms. The Criminal Law (Amendment) Act, 2013, expanded the definition of rape and introduced new offenses like stalking and acid attacks. It also provided for harsher punishments, including the death penalty for repeat offenders and for cases involving extreme brutality. Fast-track courts were set up to ensure speedy trials, and the Nirbhaya Fund was established to improve women’s safety.
These measures were a direct response to the public demand for justice and aimed to create a stronger legal framework to protect women from sexual violence.
Current Sexual Violence Incident:
9 August 2024: A medical student was raped at night at RG Kar Medical College in Kolkata, and after the rape, she was murdered. The girl’s name was Moumita Devnath. On August 16, 2024, West Bengal Chief Minister Mamata Banerjee led a rally in Kolkata protesting the rape and murder of a woman doctor, calling for the victim and demanding the death penalty. The main accused in this case, Sanjay Rai, has been arrested. Sanjay Rai was working there as a civic volunteer. This case is still going on and has been handed over to the CBI.
Impact of Legal Reforms on Recent Rape Case:
After the Nirbhaya case, there were many changes in the law, but even after these changes, rapes are still happening. Even if there has been some improvement or change in the law, there has been no improvement in the people who rape; they are continuously raping. In the recent case of the rape of a medical student, people said that even though laws may have changed, their implementation is still inconsistent. Laws should have been changed in such a way that they stop people from committing rape. What is the use of such laws that are not able to stop people from committing rape?
After the medical student rape case, people are also saying that instead of stopping girls from going out at night, boys should be stopped from going out. Manners should be taught to boys, not girls. A big question has also arisen: if it took 7 years to solve the Nirbhaya case, how much time will it take to solve this case? At the same time, this case is also being called Nirbhaya Case 2.
Conclusion:
There is no doubt that after the Nirbhaya case, there were many changes in the law, but after the recent rape of a medical student, it comes to the conclusion that even after the change in the law, there is no change in the people who commit rape. The journey of women’s justice and security is still incomplete. Just bringing changes in the law is not enough; comprehensive changes are required.
This transformation will only be possible when the effective implementation of laws is ensured, gender equality is promoted, and respect for women is fostered in society. Additionally, victims must be provided with adequate mental, physical, and social rehabilitation support. It is the collective responsibility of the government, society, and all citizens to work together toward this goal, so that such incidents can be prevented in the future and women can enjoy a safe and dignified life. By adopting a holistic approach that includes law, education, awareness, and victim support, we can build a society where women can live without fear and justice can be truly ensured.
Frequently Asked Question (FAQ)
1. What reforms were introduced after the Nirbhaya case?
The Nirbhaya case prompted the government to enact the Criminal Law (Amendment) Act, 2013, which introduced stricter punishments for sexual offenses, including rape.
2. Did these reforms lead to a decrease in sexual violence incidents?
While the reforms aimed to deter such crimes, the impact on reducing sexual violence incidents has been mixed. There have been improvements in reporting and awareness, but challenges remain in implementation and conviction rates.
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