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Nirbhaya Case And The Changes It Brought In Indian Criminal Laws

Nirbhaya Case:

Nirbhaya (Jyoti Singh) was a physio therapy student and she was 23 year old. On 16 december 2012 it was Sunday and she make a movie plan (Life of PI) with her friend Awainder Pratap who was a software engineer.

At 3:30 PM Nirbhaya told her mother that she is going out and will be back with in 3 hours. Awainder and Nirbhaya took three wheeler ridew from Dwarka and went to select city mall, Saket, Delhi. Their show timing was 6:40 PM to 8:30 PM.

Exactly at the distance of 7 km from select city mall , there were 6 people who were drinking alcohol Ram singh was a bus driver, Mukesh singh was helper , Akshay kumar was a bus cleaner, Pawan gupta and Vinay sharma they were friends of the driver and they were was roaming in the bus and Raju is the 6th person who meet them for the first time. And after drinking they drive the bus.

The conductor shouted "Khaanpur Khanpur" , Ramadhar a random person , he was a wood industury worker, sit in that bus. Then 2 helpers sitting in the bus told him that this bus is not going to khanpur its going to nehru place. Then ramadhar was trying to get down from bus but they hold him beated him stole his phone and 5000 rupees and them pushed him from bus.

Nirbhaya and Awainder were coming put of movie theater, they were looking for an auto-rickshaw to return home, but now auto driver wanted to go to Dwarka so it was hard for them to find auto and those who agreed to go they were charging a very high price. They got a auto who droped them at Munerka bus stand and from ther they will take buss no. 764. At 9:00 PM the white bus (Yadav was written on bus and there was a yellow color line on the bus) came at the bus stand and on peson was shouting Dwarka and PalamMor. They sat on the second seat and it was that bus which was driven by those 6 drunk people.

They did not gave the ticket but they took 10 rupees each from Nirbhaya and Awainder. After 6 minutes they reached at Malai mandir, bus workers switched off the lights of the bus and closed the door. 3 of them came near at Nirbhaya and Awainder and started abusing them and also commented wrong statements on them. Then Awainder Pratap get angry on this and staating arguing with them then they 3 start beating Awainder Pratap. After seeing this Nirbhaya tried to call police but they snatch her phone.

After this the other 2 people bring the iron rod and started beating Awainder Pratap. Then Nirbhaya tried to protect her friend then they also beater her. They stole their wallet , mobile, watch and they also remove their clothes. Awainder Pratap got fainted and then they took Nirbhaya at the back seat of the bus and the raped her on by one. The bus was continuously moving on the delhi streets and the driver was also changing and they were continuously raping her.

One of them inserted iron rod in her private part , punched on her face , scratching her and doing many brutal things to her while raping , they injured her every body part.

After rapping her multiple times , those prople brought Awainder in the back seat and they both of them from the back door but the back door did not opened Then they dragged them to the front door and throw them at the mahipalpur flyover. Nirbhaya was tottaly fainted but the Awainder was little conscious so he some how dragged Nirbhaya to the side of the road so that any vehicle do not hit her. And both of the was bleeding constantly and lying naked on the street in winter. Still Awinder tried to stop the car and keep asking for help. Many cars passed by but no one stopped.

Then police officer Raj Kumar, who was petrolling in that area was coming from NH8 and then at 10:20 he heard the sound of Awainder "bachaao bachaao' he stoped and helped them. He went to hotel ehich was in the opposite side of the road and brought bed sheet from there, tore it and put on both of them. Then he called other policeman.

Then 2 PCR vehicle came and they both were from different districts, so they started fighting over that under whose jurisdiction this area comes instead of helping them. Then at 11:00 PM they were brought to Safdarjung Hospital in emergency ward. Doctors were also shocked after seeing Nirbhaya's condition, they never saw a case life that in their life , her intestine was do damaged that doctor also got confused that from where does he have join the intestine. Then police informed Nirbhaya's family about this incident.

Then DCP Chhaya Sharma came to hospital and then doctor told her about Nirbhaya's condition and she was also shocked to hear that. She immediately started investigation of this. Awainder Pratap told every thing about the incident and FIR was registered at Vasant vihar police station at 5:30 AM.

On 17 December 2012, the police team started looking for bus and some evidences. Police went to Hotel Delhi 37 and their CCE TV footage was having the recording of that bus when they throw Nirbhaya and Awainder from bus and that bus was repeatedly taking round at the same street.

Then police enquired about that bus , they got the bus no. and came to know that that bus use to pick and drop school students. Then from some source the police got information that , that bus was standing in sector 3 , R.K. Puram. When police reached there , they saw Ram Singh there and as soon as he saw police , he started running but he was caught.

Then CFSL collected finger prints , hair , blood and that iron rod from the bus. And Ram Singh also revealed other people names who committed that crime. The next day one police team went to Rajasthan and caught Mukesh Singh at 6:30 PM and another team went Bihar to catch other criminals. That afternoon police caught Vinay Sharma and Pawan Gupta from the same place where they caught Ram singh.

Now, when this incident spread in news channel and social media then whole India was shocked and people got angry and start doing protest at India Gate. When Nirbhaya got little conscious and started speaking she said " I want to live, please catch those criminals and burn them alive"

Now 2 other criminals were left to catch. Police came to know about Akshay Kumar and then they set a trap for him with the help of local police. But they did not get any clue about Raju. There was no photo or contact no. of him. Now Ram singh told police that he called Raju 4 month earlier. Then police searched that call history and found that, that no. was a of PCO at Karkardooma, Delhi. Police went at that PCO and came to know that Raju work from buses now at Anand Vihar Bus station and started investigating about Raju there. Then police catch 10 prople whose name was Raju and brought them in fron of Ram Singh because he is the only one hwo know Raju and identify him.

But all of them were not that criminal Raju. Now police again went at the Anand Vihar bus stand and came to know that there are 2 more Raju. Now police waited there till next morning( 19 december 2012) now police catches Raju and brought in front of Ram Singh and he confirms that Raju and police also got that mobile which he snatched from Ramadhar that day.

Now police investigate about him and found that his name is not Raju his real name was Mohammad Afroz and he was 17 year old and because of his age he was send to Juvenile Justice Board. And on that day police caught Akshay Kumar at 9:30 PM at Aurangabad. Now all 6 criminals are caught. Now police start collecting evidences. Their DNA samples and finger prints matched.

And in this this case for the first time India new method was used by CFSL which is odontology . in this process the teeth bites are matches with shape and there were many teeth bites on Nirbhaya's body. And those bites also matched with Ram Singh and Akshay Kumar.

On 26 december 2012, Nirbhaya's condition because more worse and many organs were not working properly and her whole body was infected. Now the doctors suggested that Nirbhaya should be transfer to the Mount Elisabeth hospital which is in Singapore. The central govt. said that whatever the expenses costs in the treatment of Nirbhaya we will pay that. And now Nirbhaya was transferred to Singapore through air ambulance on 27 dec. 2012. But her condition kept on getting worse and on 29 dec. 2012 at 2:15 AM Nirbhaya died.

Now people got more angry and this issue was also discussed in United Nations also for the safety of women.

This case was heard at Saket district court on 3 jan. 2013, and the charge sheet of 1013 pages was submitted in fast track court.

Ram Singh committed suicide inside Tihar jail.

Mohommad Aforz was punished for only 3 years because he was a minor. And with in 5 months he was about to turn 18 and still his trial was running under JJ court. According to me this was very unfair decision and I think that Nirbhaya have still not got the justice. Mohomad Afroz was the who inserted iron rod inside Nirbhaya and damaged her organs due to which Nirbhaya died. Mohmoad Afroz did the most brutal things with Nirbhaya and she is now openly roaming in country and living his life normally just because he was 5 months younger to become a minor. This was very stupid and injustice act done by Indian judiciary.

Now Pawan Gupta said that he was not present at the time of crime and he was watching a musical show in DDA park. But when police investigate about this statement it was found that there was no show that day in DDA park. Akshay Kumar said that he was also not there he went to his home town a day before that incident. But Ramadhar was a witness who was robbed by them just before the rape, he is the eye witness that all 6 were present that day and now they are lying.

On 13 sept. 2013 all four of them were considered guilty and death punishment was declared by the court. Now they appealed in high court and the high court also considered it as a rare of the rarest case and the death penalty continues. Now they appealed in Supreme court. And now Mohmmod Afroz was also released in 2015. Citizens and news media channels criticize it but that all was useless. On 5 may 2017 , 3 judges bench, they also said that death penalty continues and there is no change to be done in the judgement. 3 of them files review petition in the supreme court but it was dismissed on 9 july 2018.

Now in feb. 2019 Nirbhaya's mother go to court again because those criminals did not got the death penalty till now, its been more than 1.5 years. And court considered her statement. On 10 december 2019 Akshay also files the review petition in supreme court and after 8 days that was also disloved and told Tihar jail to hang them early. On 7 jan. 2020, black warrant was issued against them by Patila Court. 22 jan. 2020 was fixed by the court for hanging them. But on 9 jan 2020 Mukesh and Pawan filed querity prtition in Supreme court. On 14 jan. 2020 supreme court rejected it. And then on same day they send mercy application to the President of India ( Ram Nath Kovind) and after 3 days that was also rejected.

Now new date of black warrant was issued for 1 feb. 2020, 6:00 AM. That was also postponed because they were using their legal rights one by one. This time supreme curt said that whatever legal rights you have you can use them within 1 week. Not more than that. And new date was issued for black warrant 20 march 2020 at 6:00 AM. And finally they were hung till death.

Changes in Juvenile Justice after Nirbhaya case:
The Indian Parliament amended changes in the Juvenile Justice Act, 2000 and a new act was enacted known as the Juvenile Justice (Care & Protection) Act, 2015. The changes in the newly enacted law
  • Petty, severe and heinous offences were the three kinds of offences defined under the Juvenile Justice Act of 2015
  • Every district must establish a juvenile justice board to handle matters involving minors and the law. Two social workers, two women, a metropolitan judge, and a judicial magistrate constitute the board.
  • The Juvenile Justice Board will provide the juvenile with institutional care for three years in all situations except serious offences
Under the Commissions for Protection of Child Rights Act of 2005,3 a Sessions Court has been notified as a Children's Court. By this Bill, a Children's Court will decide whether to try a juvenile referred by a Juvenile Justice Board as an adult, propose counseling, stay in an observation house, etc.

The child's physical and mental capacity is evaluated using this procedure.
  • The juvenile justice act regards children between 16 and 18 as adults if they have committed horrible offences in a conflict.
  • No juvenile shall receive a death or life sentence.
  • After the juvenile justice board receives a child for the first time, the case investigation must be finished within four months. If the explanation is documented in writing, this can be prolonged for two additional months.
  • The heinous crime must be examined within 60 days of the child's initial appearance before the juvenile justice board.
  • Furthermore, international adoption is permitted if local adoption is not achievable within 30 days of the child being deemed legally available.
  • The Indian Parliament changed various laws regarding sexual assaults against women in response to the horrific rape case of Nirbhaya & the outrage of the general public worldwide. Section 375 of the IPC, 1860 now defines rape differently, i.e., simple penetration is no longer necessary. Therefore, forcing a lady to have sex by forcing any instrument or mouth into her vagina would be considered rape.

Justice Verma Committee Report:
After the Nirbhaya case, On December 23, 2012 a three member Committee headed by Justice J.S. Verma, former Chief Justice of the Supreme Court, was constituted to recommend amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women. The other members on the Committee were Justice Leila Seth, former judge of the High Court and Gopal Subramanium, former Solicitor General of India.

The committee submitted the report on January 23, 2013. They gave some recommendations on rape, child sexual abuse, sexual harassment, trafficking, medical examination of victims, police and education system.

There recommendations were:
Rape: The Panel was of the view that assault and rape are not simply wrongdoings of energy but rather a statement of force. Assault ought to be held as a different offense and it ought not be restricted to infiltration of the vagina, mouth or rear-end. Any non-consensual entrance of a sexual sort ought to be remembered for the meaning of assault.

The IPC separates between assault inside marriage and outside marriage. Under the IPC sex without assent is restricted. Notwithstanding, a special case for the offense of assault exists corresponding to un-agreed sex by a spouse upon a wife. The Advisory group prescribed that the special case for conjugal assault ought to be eliminated. Marriage ought not be considered as a permanent agree to sexual demonstrations. In this way, concerning a request about whether the complainant agreed to the sexual movement, the connection between the person in question and the denounced ought not be pertinent.

Sexual Assault: At present, "assault or utilization of criminal power to a lady with the purpose to shock her humility" is culpable under Segment 354 of the IPC with 2 years detainment. The term shocking the unobtrusiveness of a lady isn't characterized in the IPC. In this way, where entrance can't be demonstrated, the offense is arranged as characterized under Area 354 of the IPC.

The Panel suggested that non-penetrative types of sexual contact ought to be viewed as rape. The offense of rape ought to be characterized to incorporate all types of non-consensual non-penetrative contacting of a sexual sort. The sexual idea of a demonstration ought not entirely set in stone based on the conditions. Sexual delight as a thought process in the demonstration ought not be essential for demonstrating the offense. The offense ought to be culpable with 5 years of detainment, or fine, or both.

Utilization of criminal power to strip a lady ought to be culpable with 3 to 7 years of detainment.

Verbal sexual assault: As of now, utilization of words or signals to "affront a lady's unobtrusiveness" is culpable with 1 year of detainment or fine or both under Segment 509 of the IPC. This segment ought to be canceled. The Board has proposed that utilization of words, acts or motions that make an unwanted danger of a sexual sort ought to be named as rape and be culpable for 1 year detainment or fine or both.

Sexual Harassment:
A portion of the key proposals made by the Board on the Lewd behavior of Ladies at Work environment (Counteraction, Forbiddance and Redressal) Bill, 2012 that is forthcoming in Parliament are given beneath:

Homegrown specialists ought to be incorporated inside the domain of the Bill.

Under the Bill the complainant and the respondent are first expected to endeavor mollification. This is in opposition to the High Court judgment in Vishakha versus Territory of Rajasthan which expected to tie down a protected work environment to ladies.

The business ought to pay remuneration to the one who has experienced lewd behavior.

The Bill requires the business to initiate an inner protests advisory group to which objections should be recorded. Such an inner board of trustees invalidates the point of the Bill and on second thought, there ought to be a Work Council to get and arbitrate all objections.

Acid Attack:
The Panel thought that the offense ought not be clubbed under the arrangements of intolerable hurt which is culpable with 7 years detainment under the IPC. It noticed that the offense was tended to in the Criminal Regulations Alteration Bill, 2012 which is as of now forthcoming in Parliament. The Bill recommends a discipline of detainment for quite a long time or life. It suggested that the focal and state government make a corpus to remunerate casualties of violations against ladies.

Offences against women in conflict areas:
The duration of Military (Unique Powers) Act (AFSPA) in struggle regions should be returned to. As of now, the AFSPA requires an assent by the focal government for starting indictment against military staff. The Council has suggested that the prerequisite of approval for indictment of military staff ought to be explicitly barred when a sexual offense is claimed.

Complainants of sexual savagery should be managed the cost of witness security. Extraordinary officials ought to be selected in struggle regions to screen and arraign for sexual offenses. Preparing of equipped staff ought to be reoriented to accentuate severe recognition of orders in such manner by outfitted faculty.

The Committee noted that the Immoral Trafficking Prevention Act, 1956 did not define trafficking comprehensively since it only criminalised trafficking for the purpose of prostitution. It recommended that the provisions of the IPC on slavery be amended to criminalise trafficking by threat, force or inducement. It also recommended criminalising employment of a trafficked person. The juvenile and women protective homes should be placed under the legal guardianship of High Courts and steps should be taken to reintegrate the victims into society.

Punishment for crimes against women:
The Panel dismissed the proposition for compound maiming as it neglects to treat the social underpinnings of assault. It thought that capital punishment ought not be granted for the offense of assault as there was impressive proof that capital punishment was not a prevention to serious wrongdoings. It suggested life detainment for assault.

Medical examination of rape victim:
The Board has suggested the suspension of the two-finger test which is directed to decide the laxity of the vaginal muscles. The High Court has through different decisions held that the two-finger test should not be led and that the past sexual experience of the casualty ought not be depended upon for deciding the assent or nature of assent given by the person in question.

Police Reform:
The committee has prescribed specific moves toward change the police. These incorporate foundation of State Security Commissions to guarantee that state legislatures don't practice effect on the state police. Such Commissions ought to be going by the Central Pastor or the Home Clergyman of the state.

The Commission would set down expansive arrangement rules so the Police acts as per the law. A Police Foundation Board ought to be laid out to choose all exchanges, postings and advancements of officials. Chief General of Police and Overseer General of Police ought to have a base residency of 2 years.

Reforms in management of cases related to crime against women:
  • A Rape Crisis Cell should be set up.
  • The Cell should be immediately notified when an FIR in relation to sexual assault is made.
  • The Cell must provide legal assistance to the victim.
  • All police stations should have CCTVs at the entrance and in the questioning room.
  • A complainant should be able to file FIRs online.
  • Police officers should be duty bound to assist victims of sexual offenses irrespective of the crime's jurisdiction.
  • Members of the public who help the victims should not be treated as wrongdoers.
  • The police should be trained to deal with sexual offenses appropriately.
  • Number of police personnel should be increased. Community policing should be developed by providing training to volunteers.

Education Reform:
The Committee has suggested that youngsters' encounters ought not be gendered. It has suggested that sexuality schooling ought to be conferred to kids. Grown-up proficiency programs are essential for orientation strengthening. In ancient times Indians used to study Kamasutra and now they consider sex as taboo, so sex education is important in India.

Through education students can learn what is wrong and what is right and this will reduce the sexual offences. And we should also teach students how to defend themselves and what should they do if they have faced any sexual offence.

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