Author: Kumari Monam, 3rd year LL. B, a student of Bharati Vidyapeeth deemed to be University New law college, Pune, Maharashtra
PREFACE
The Nirbhaya case, officially known as the 2012 Delhi gang- rape and murder case, is one of the most significant legal cases in India’s history, which shocked India and sparked wide protests and calls for legal reform. It refers to the Brutal gang- rape and murder of a 23- time-old exertion intern, subsequently known as “ NIRBHAYA ”( meaning “ Fearless ”), in a moving machine in South Delhi on the night of December 16, 2012.
Body
The incident:
On the evening of December 16,2012, Nirbhaya and her male friend boarded a private bus after watching a movie in South Delhi. Unknown to them, the Six men on the machine, including the driver, had intentions of attacking them. The virile friend was overpowered and beaten, while Nirbhaya was gang- ravished on a moving machine and assaulted with an iron rod by the six men. After the attack, both were thrown out of the machine onto the roadside. The criminated were arrested within days of the crime, and the case was presto- tracked due to public outrage. She was severely injured so she was taken to the Safdarjung sanitorium in Delhi where croakers fought to save her life. Due to the strictness of her injuries, she was subsequently flown to Mount Elizabeth hospital, Singapore for advanced treatment. Unfortunately, despite all the sweats, she succumbed to her injuries on December 29,2012.
Immediate effects:
The assault led to wide outrage across India. Public protests erupted in various cosmopolises, demanding justice for Nirbhaya and stricter laws to protect women. The Indian government faced violent scrutiny, and the incident sparked a public discussion about the treatment of women and the safety of public spaces.
Legal proceedings:
All six were charged with several sections of the Indian Penal Code (I.P.C): Section 376- RAPE, Section 302- MURDER, Section 377-UNNATURAL OFFENSES, Section 366- kidnapping, Section 34- ACTS DONE in SEVERAL PERSONS IN FURTHERANCE OF COMMON INTENTION.
Trial and verdict:
Fast-track court- A fast track court was set up for the trial. The trial began in January 2013.
Persuasions- In September 2013, the four adult criminated were condemned of all charges and doomed to death by the trial court.
Juvenile- He was doomed to three times in a reform home.
Criminal’s death- One of the criminal, RAM SINGH, allegedly committed suicide on March 11, 2013, in Tihar jail, during the trial.
Prayers:
High Court- The Delhi High Court upheld the death rulings in March, 2014.
Supreme Court- The convicts appealed to the SC of India. In May 2017, SC also upheld the death rulings.
Review and Curative petitions-
The culprits filed multiple review solicitations, which were dismissed in July, 2018. They also filed restorative solicitations (the legal remedy), which were also dismissed by the SC in January, 2020.
Mercy pleas:
The culprits also filed mercy solicitations with the President of India but these were rejected. It’s the last resort for any malefactor seeking charity.
Execution:
After all legal remedies were exhausted, the four cons- Akshay Thakur, Mukesh Singh, Pawan Gupta and Vinay Sharma were executed by hanging in TIHAR JAIL, on March 20, 2020.
Legal reforms:
The Criminal Law (Amendment) Act (CLA), 2013, generally known as the Nirbhaya Act and MoHFW guidelines are two corner responses of the government of India to the public protests across the country after the Nirbhaya case.
The third response taken by the government was one step centres to give immediate too long- term care for survivors of GBV.
The protestors had several demands analogous as shy and unskilful security of women, unreliable public transport, infelicitous functioning of the public force that constantly- blamed force victims and denied to write an F.I.R for the crime palmed upon them and forms of nonsupervisory procedure girding sexual assault.
Justice Verma Committee was assigned the task of the reformation of the anti- rape laws of the country.
Further womanish officers were added to Delhi’s police force so that women can share everything with them.
Security was strained and patrolling was increased and the police now had to suffer Gender sensitization courses which help in understanding the issue of Women rights and their safety.
The case also led to increased attention on women’s safety in public places, with the enterprise like the NIRBHAYA FUND, being established to support systems aimed at enhancing the safety and security of women.
Six fast- track courts were set up to specifically deal with force cases with the end of furnishing immediate aid to force victims.
Laws against Sexual assault and death penalty were made indeed stricter.
Since one of the criminated was a minor (17 years old) at the time of the crime, a need of changing Juvenile laws had opened up. The Juvenile Justice (Care and Protection of Children) Act, 2015 was amended to allow kiddies progressed 16- 18 to be tried as grown- ups for heinous crimes.
A space for public discussion of sexual violence against women that had not was ahead, was created.
Failure to give medico-legal care is now an offence under Section 166B of the IPC as per the CLA 2013.
Public roar and reflection:
The Nirbhaya case touched off a civil dialogue on women’s safety, with citizens demanding societal change and a more robust legal frame. It prompted a cooperative reflection on deeply ingrained patriarchal stations and the need for a safer terrain for women
LANDMARK CASES-
Vishakha vs State of Rajasthan (1997)
-this case laid the foundation for addressing sexual importunity at the plant.
Rupan Deol Bajaj vs Kanwar Pal Singh Gill (1996)
-this case marked a significant step in addressing sexual importunity within Government services.
Mary Roy vs State of Kerala (1986)
-this case contributed to Women’s rights in the environment of heritage.
Gita Hariharan vs Reserve Bank of India (1999)
-this case addressed guardianship and custodianship rights of maters.
CONCLUSION
The Nirbhaya case remains a vital moment in India’s struggle for Gender equivalency and women’s safety. It stressed the critical need for legal reforms and societal change and continues to serve as an important memorial of the work that still needs to be done to ensure the safety and quality of women in India. The heritage of Nirbhaya is not only a testament to her frippery but also a call to action for a more just and indifferent society.
F.A.Qs
What happed in the Nirbhaya case?
Ans- In December 2012, a 23- time-old woman, latterly appertained to as NIRBHAYA, was gang- ravished and severely assaulted by six men on a moving machine in Delhi. On December 29, 2012, she scummed to severe internal injuries, at a sanatorium in Singapore where she was flown for treatment.
Who were the perpetrators?
Ans- Six individualities were involved in the crime Ram Singh (the machine motorist), his family Mukesh Singh, Vinay Sharma, Akshay Gupta and a Juvenile, who was 17- time-old at the time of the crime.
When were the cons executed?
Ans- The four adult cons were executed by hanging on March 20, 2020, at Tihar jail in Delhi.
What were the charges against the indicted?
Ans- The charges are RAPE, MURDER, KIDNAPPINGUNNATURAL OFFENCES and COMMON INTENTION, under the Indian Penal Code.
Why was the victim named Nirbhaya?
Ans- “NIRBHAYA” meaning “Fearless”, was a name given by the Media to cover the victim’s identity, as Indian law prohibits telling the name of Rape victims.
