INTRODUCTION:
Nirbhaya Case which is marked as one the brutal crimes in history. The case impacted the Indian legal system so much that several changes were brought in The criminal law in 2013 which introduced tougher punishment for rape including the Capital Punishment for serious criminals or those crimes where the victim is found in half dead or dead condition.
Case history :
That was a cold night of December. A 23 years old Physiotherapist was returning with her friend after watching a movie on 16th December. They boarded a public bus in South Delhi assuming it was a normal public bus. The six men were present in the bus. They were Ram Singh, Mukesh Singh, Vinay Sharma, Akshay Thakur, Pawan Gupta and a seventeen years old Juvenile. He was seventeen years old at the time of the crime. The male friend of the victim Jyoti Singh was beaten and he was thrown out of the moving bus. The victim was brutally raped. It was so heinous that it cannot be explained in words. The victim and her friend were found on the road by the passerby and she was taken to The Safdarjung Hospital. At that She was nearly half dead. The legal proceedings started with the arrest of the 6 criminals but Ram Singh committed suicide in the Tihar Jail in 2013 under suspicious circumstances but It was officially reported as Suicide. In the Trial the four adult defendants were charged with Murder, rape & other offenses under IPC (INDIAN PENAL CODE 1860) . The Juvenile was tried in a Juvenile court separately. In September 2013 the defendants were found guilty and they were sentenced to death . The Delhi high court also upheld the same Judgement. After a lot of hearings again The Supreme Court of India upheld the same death sentence in 2017. The defendants submitted several petitions , pleas even to the President of India but that was declined. In 20th March 2020 They were hanged to death.
REFORMS MADE IN CRIMINAL LAW AFTER THIS CRIME:
This case introduced the new criminal law of 2013 which spread the definition of rape and introduced tougher punishment. Even death penalty will be given to the Criminal for several cases of sexual offenses. Several fast track courts were set up to deal with the rape cases quickly. The Juvenile Justice act 2015 was amended to allow Juveniles to be tried for heinous and more dangerous crimes. Nirbhaya fund was set up to support so that women safety can be handled more effectively. The case also focused on Public awareness, gender based violence and the change which is needed to reform the society so that women safety can be ensured.
Case laws similar to Nirbhaya Case which brought some reforms in the Indian Legal System:
Visakha vs State of Rajasthan 1997:
The Supreme Court issued several guidelines . This guidelines led to the enactment of Sexual harassment of women at workplace.
Shakti mills gangrape case 2013:
Strict law like Maharashtra protection and safety of women act 2013 . More stricter laws were enacted.
Kathua rape case 2018:
The case shocked the entire nation and brought several significant reforms including the amendment of the criminal law 2018 which introduced the death penalty for raping children under twelve years of age .
Unnao rape case 2017:
The case focused on the issue of political corruption and influences in handling rape cases.
Conclusion:
The 2012 Delhi rape case including several other rape cases brought significant changes in the Indian Legal system. New laws were enacted for ensuring safety of women, more stringent punishments were introduced for perpetrators. The legal system tried to make sure so that the cases can be tried as fast as possible. Public awareness is also focused through this kind of cases.
FAQ:
- What was the nirbhaya case ?
Ans: The nirbhaya case is about a 23 years old physiotherapist who were raped and murdered to death in 2012. The 6 offenders were sentenced to death.
- Did it bring any significant change? What are those changes about?
Ans: It brought serious changes in Criminal law 2013. Increased punishment for offenses even death penalty. Introduced new offenses such as stalking, voyeurism. More fast track courts were introduced.
- How did the Vishakha case effect on Indian legal system?
Ans: The Visakha case introduced the enactment of Sexual harassment at workplace .
- Will this changes really effect the society?
Ans It will definitely effect to some extent but it depends on public. It will not remove the dirt completely.
Author: ROSHNI DUTTA OF LJD LAW COLLEGE-FALTA UNDER CALCUTTA UNIVERSITY
