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NIRBHAYA CASE

NIRBHAYA CASE
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Introduction

Since the dawn of time, women have been the victims of abuse. Since she is the inferior of humankind, she has always been the object of male violence. Even times of cultural progress were difficult for them, as she was subjected to a variety of crimes, including rape, sexual abuse, slavery, and human trafficking.

The term ‘rape’ comes from the Latin word ‘rapio,’ which means ‘to take.’ Rape is the ravishment of a female without her consent, by coercion, dread, or misrepresentation. It entails abusive, violent, and non-consensual intercourse with a woman. Rape can be viewed as a shocking display of violence directed at a woman’s private parts.

On December 16th, 2012, five men and a teenager on a moving bus attacked, mistreated, and raped a female paramedic intern. After being thrown out, she died as a consequence of her injuries and blood loss. This scenario triggered widespread outrage, prompting safeguards to prevent women and avoid reoccurrence. The passing of Nirbhaya, or the bold, as she was viewed as to have battled her attackers, constrained the Indian Parliament to dispatch an examination concerning ladies’ wellbeing, alter assault laws, and guarantee that assault cases in India are indicted rapidly.

Facts Of the Nirbhaya Case

The twenty-three-year-old woman, a paramedical student, who had gone with her mate to see a movie at PVR Select City Walk Mall, Saket, on the cold evening of December 16, 2012, could not have predicted that the shattering cold night that was gradually stepping in will carry with it the catastrophic hour of darkness when she, alongside her mate, would board a bus at Munirka bus station to be dropped off at a specific location; and probably could not have dreamed that she would fall victim to a gang of six’s savage lust, face brutal attack, and become a playful thing that could be tossed around at their command, and her private parts would be ruptured to give vent to their sexual deviant sex drive, sadistic gratification is unimaginable. It all happened, despite the victims’ best efforts, as the timeline of events unfolded. The young lady suffered enormous trauma as a consequence of the six’s temperament, vision, bestial proclivity, inconceivable self-obsession, and individual centralism, ultimately, after receiving all of the medical world’s care options, the life-spark that drives the bodily frame died. Her death happened in a Singapore hospital where she had been admitted in the hopes of saving her life.

Despite being thrown outside the bus with the girl, the accused appellants’ attempt to run them over was unsuccessful because they were able to avoid being crushed under the bus due to their slight movement, and the appellants left them believing they were no longer alive. They screamed for help while lying naked as their clothes were stripped from their bodies, and as luck would have it, the night patrolling vehicle, a motorcycle, arrived, and the said man, Raj Kumar, was identified, gave the boy the shirt and called the control room, where a Bolero patrol van arrived with a bedsheet, which they cut into two pieces and distributed to each of the victims so that they could be covered and feel civil. The victims were taken to the Safdarjung Hospital by the PCR van, where treatment began.

Offences Committed by Accused in Nirbhaya Case

Section 396 IPC – If five or more people commit dacoity with murder, each of them will be sentenced to death, life in jail, or serious imprisonment for up to ten years, as well as fines.

Section 302 IPC – Murderers receive the death penalty or life imprisonment, as well as monetary penalties.

Section 395 IPC– Dacoity is punishable by life in prison or up to ten years in solitary confinement, as well as fines. Sections 201, 397, and 412 of the Indian Penal Code are among the other offences.

Series of Judicial Decisions

  • Judgment of the District Court: On 13-09-2013, Hon’ble Justice Yogesh Khanna, ASJ, Saket Courts passed the orders, In consonance with Section 302 IPC, the convicts were announced to be hung until their last breath, read along with 120B, 365, 366,376(2)(g), 377, 307, 201, 395, 397 and 412 of the IPC. Moreover, benefits wherever necessary were provided under section 428 Cr.P.C., and under section 357-A Cr.P.C. compensation was to be provided to the legal heir of the prosecutor. Following Article 115 of the Limitation Act,1963, the convicts were notified to appeal within 30 days.
  • HC on Nirbhaya’s Case: Delhi HC maintains capital punishment of four convicts indicted for assault and murder of the 23-year-old young lady. Four convicts will be held tight on January 22, 2020. Delhi govt. has requested execution orders to be given against the four convicts for the execution of capital punishment. Delhi court requested Tihar specialists to send a warning to convicts to exploit their leftover legitimate cures. SC says it’d hear the subject of giving the convicts capital punishment indeed.
  • Judgment of Apex Court: A three-judge bench concurred that the demonstration done by the charge didn’t merit any compassion. DNA ID, fingerprints, witness declarations, and odontology demonstrated the existence of the charges in the transport and their inclusion in the wrongdoing, said the SC. The easygoing way with which she was dealt with and the malicious way where they played with her body, her character, and her pride is humanly incomprehensible.

Justice Verma Committee Report

 Nirbhaya being one of the “rarest of the rare case” enabled a committee to look into the matter. On December 23, 2012, a three-part Committee headed by Justice  Verma, previous CJ of the SC, was comprised to prescribe alterations to the Criminal Law to accommodate speedier preliminary and improved discipline for crooks blamed for carrying out rape against ladies. Different individuals on the Committee were Justice Leila Seth, previously appointed authority of the HC, and Gopal Subramanium, previous Solicitor General of India.

The Committee presented its report on January 23, 2013. It made suggestions on laws identified with assault, lewd behavior, dealing, kid sexual maltreatment, clinical assessment of casualties, police, discretionary and instructive changes.

A portion of the reformist changes which the council proposed are:

  1. As per the board of trustees assault and rape don’t appear to be just wrongdoings of energy anyway it is a declaration of force.
  2. Assault ought to be treated as a different offense and it ought not to be restricted uniquely to the entrance of the vagina, mouth, or butt and its degree ought to be augmented.
  3. The utilization of words or any demonstration or any type of signal that makes a danger of sexual nature ought to be named as rape and be culpable for the equivalent.
  4. Both the parties should initially endeavor to placate which makes it simple for the two of them to settle the issue. It thought that Acid assault ought not to be clubbed with the arrangements of horrifying hurt and suggested that the focal and state government should find a few ways to remunerate survivors of rape.
  5. It ought to be the obligation of the cops to help survivors of sexual offenses independent of the wrongdoing’s ward and whatever else. The quantity of police staff ought to be expanded for better help of the people in question.

Criminal Law Amendment, 2013

On December 23, 2012, a three-part Committee headed by Justice  Verma, previous CJ of the SC, was comprised to prescribe alterations to the Criminal Law to accommodate speedier preliminary and improved discipline for crooks blamed for carrying out rape against ladies. Different individuals on the Committee were Justice Leila Seth, previously appointed authority of the HC, and Gopal Subramanium, former Solicitor General of India.

The Committee presented its report on January 23, 2013. It made suggestions on laws identified with assault, lewd behavior, dealing, kid sexual maltreatment, clinical assessment of casualties, police, discretionary and instructive changes.

Conclusion

This case became the reason for numerous legal and social changes in the world. Both the center and various states proposed several notable steps to ensure women’s safety in the area. The frightful incident sparked widespread social outrage. Many candlelight marches, peace campaigns, and demonstrations took place. India has long been known as a dangerous place for women, and this was no exception.

When we examine the entire Nirbhaya situation, we may conclude that it has taught the nation a valuable lesson, whether it be about women’s security issues or legal loopholes. It is assumed that such a lesson will not be forgotten, but rather will be used as a basis for creating well-founded laws and amending those that already exist, with inspiration drawn from laws of developed nations. Rather than promoting severity, laws should be made to encourage certainty of punishment. The above-mentioned suggestions may be game-changers in this regard. With this dream, our nation waits for the day when Nirbhaya will receive her punishment and the dawn of an age when no other survivor will be subjected to the nerve-wracking cycle of delay and pendency.

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Written by Muskaan

Ms. Muskaan is a Second-year law student at IME Law College. Muskaan, who was a commerce student in 12th grade and is now a law student, has always had a wide range of interests. Her approach is always goal-oriented and has good leadership qualities. She has always been a voracious reader and a prolific researcher. She is proficient in reading, writing, and speaking the German language. Besides performing well academically, she has also been Microsoft ambassador for her school in the year 2017.

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  1. Excellent Analysis. Completely agree with the same. Women must be respected and should be treated with equality. God bless u.

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