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Damodaram sanjivayya national law university

Legal MethodsNirbhaya act,2013

Criminal law (amendment) act,2013

Mulugu Lakshmi

Naga Annapoorna

Roll.no.2014067

Semester 1 Section A

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Index page no1 Abstact…………………………………………………………………..................................3

2 Introduction……………………………………………………………………………………4

3 Incident…………………………………………………………………………………………5

4 victims…………………………………………………………………………………………..6

5Medical treatment and death…………………………………………………………………....7

6 Arrests…………………………………………………………………………………………8

7 Trail…………………………………………………………………………………………….9

- Juvenile defendant………………………………………………………………………9

- Adult defendant…………………………………………………………………………10

- Conviction and sentencing……………………………………………………………….11

8 Justice verma committee and changes in law………………………………………………….12

9 The Criminal Law (Amendment)Act,2013…………………………………………………..13

- Amendments to Indian penal code………………………………………………………13

- Changes in law…………………………………………………………………………..14

10 Nirbhaya trust…………………………………………………………………………………16

11 Social changes………………………………………………………………………………..16

12 Conclusion………………………………………………………………………………….22

13 Bibliography………………………………………………………………………………….22

Abstact

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The Nirbhaya Act, 2013 is an Indian legislation passed by the Lok Sabha on 19th March 2013,

and by the Rajya Sabha on 21st March 2013, which provides for amendment of Indian Penal

Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual

harrassment offences. The Bill acknowleged Presidential assent on 2nd April 2013 and deemed to

came into power from 3rd February 2013. It was initially an decree promulgate by the President

of India, Pranab Mukherjee, on 3rd February 2013, in light of the protest in the 2012 Delhi gang

rape case.1

Research questions

What are the reasons for the introduction of this Act?

What are social changes after this Act?

Hypothesis

Public protests and results lead to presenting this Act. The Justice Verma Committee report was

submitted after 29 days, after taking into checking account 80,000 opinions received during the

period by the people. The report indicated that failures on the part of the government and police

were the root cause subsequent crimes aligned with women. Opinions in the report included the

need to analysis the Armed Forces (Special Powers) Act, 1958 (AFSPA) in wars areas, and

setting the highest punishment for rape as life confinement rather than the death penalty. The

commission did not favour lowering the age of a juvenile from 18 to 16.

Literature review

In chief Justice verma and Justice Leila Seth in press assembly said that “gender bias”against

weaker sections of society and distinguished that police often noted that the police often decline

to take complaints of rape victims seriously.

Reference

This project is doctrinal type. Regarding this project, with reference to books, net sources,

consulting the concerned faculty, I do the project.

Introduction

1 The hindu March 2013

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The 2012 Delhi gang rape case: This case involes a rape and fatal assault which occurred

on 16th December 2012, in Munirika South Delhi, where a 23-year-old female physiotherapy

intern was beaten and gang raped in a private bus by six others in the bus, including the driver.

The woman and her friend were beaten by the above passengers and they raped the woman had

thrown from the bus. They met injuries and were hospitalised.

The convict were arrested and charged on sexual assault and murder. One of the

accused, Ram Singh, died in police custody on 11 March 2013 in the Tihar Jail. According to

some published resoures, the police says Ram Singh hanged himself and committed suicide, but

defence lawyers and his family suspect he was murdered. The rest five of the accused were went

on trial in a fast-track court; the prosecution finished presenting its evidence on 8th of July 2013.

In those five one of them was Juvenile.The juvenile defendant was also convicted of rape

and murder and given the maximum sentence of three years' imprisonment in a reform facility.

On 10th September 2013, the four remaining adult defendants were found guilty of rape and

murder and were sentenced to death by hanging after three days.

On 13th March 2014, the death reference case and hearing appeals against the conviction

by the lower Court,the Delhi High Court, upheld the guilty verdict and the death sentences. As a

result of the protests, in December 2012, a judicial committee was set up to study and take public

suggestions for the best ways to amend laws to provide quicker investigation and prosecution of

sex offenders.2

After considering 80,000 suggestions, the committee submitted a report which indicated

that failures on the part of the government and police were the root cause behind crimes against

women. In 2013, the Criminal Law (Amendment) Ordinance, 2013 was promulgated by

President Pranab Mukherjee, several new laws were passed, and six new fast-track courts were

created to hear rape cases. Critics argue that the legal system remains slow to hear and prosecute

rape cases, but most agree that the case has resulted in a tremendous increase in the public

discussion of crimes against women and statistics show that there has been an improvement in

the number of women willing to file a crime report.

At a memorial held in December 2013, the press interviewed a young woman who had

taken part in the protests a year earlier. She related that while "A welcome change is that the

2 The hindu decemder 2012

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taboo on discussion of rape and sexual violence has been broken," she saw "absolutely no change

in the rape culture and related brutality".3

Incident

The victims, a 23-year-old woman and her friend, were returning home on the night of

16th December 2012 after watching the film Life of Pi in Saket, South Delhi. They boarded an

off-duty charter bus at Munirka for Dwarka that was being driven by joyriders at about 9:30 pm

(IST). There were only six others on the bus, including the driver. One of the men, a minor, had

called for passengers telling them that the bus was going towards their destination.

The woman's friend became suspicious when the bus deviated from its normal route and

the doors shut. When he objected, the group of six men already on board, including the driver,

taunted the couple, asking what they were doing alone at such a late hour. When the woman's

friend tried to intervene, he was beaten, gagged and knocked unconscious with an iron rod. The

men then dragged the woman to the rear of the bus, beating her with the rod and raping her while

the bus driver continued to drive.

According to police reports the woman attempted to fight her assailants off, biting three

of the attackers and leaving bite marks on the accused men.After the beatings and rape ended, the

attackers threw both victims from the moving bus. Then the bus driver allegedly tried to drive

the bus over the woman, but she was pulled aside by her friend. Insipte of cleasing the vechicle

to remove evidence, the Police impounded the vehicle next day.

The partially clothed victims were found on the road by a passerby at around 11 PM

(IST). The passerby phoned the Delhi Police, who took the couple to Safdarjung Hospital, where

the female victim was given emergency treatment and placed on mechanical ventilation. She was

found with injury marks, including numerous bite marks, all over her body. According to reports,

one of the accused men admitted to having seen a rope-like object, assumed to be her intestines,

being pulled out of the woman by the other assailants on the bus. Two blood-stained metal rods

3 Nirbhaya act,2013

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were retrieved from the bus and medical staff confirmed that it was penetration by this that

caused massive damage to her genitals, uterus and intestines.

Victims

The female victim was born and raised in Delhi while her parents were from a small

village in the Ballia district of Uttar Pradesh. Her father sold his agricultural land to educate her,

and worked double shifts to continue to pay for her schooling. In an interview he related that as a

youth he had dreamed of becoming a schoolteacher, but at that time education was not

considered important and girls were not even sent to school. "Attitude is changing back home

now, but when I left 30 years ago, I vowed never deny my children so sending them to school

was fulfilling my desire for knowledge." He said that he put his daughter's education above that

of even his two sons. The man who was attacked, a software engineer from Gorakhpur, Uttar

Pradesh, who lives in Ber Sarai, New Delhi, suffered broken limbs but survived. Delhi police

registered a criminal case against the editor of a Delhi-based tabloid, Mail Today, for disclosing

the female victim's identity, as such disclosure is an offence under section 228(A) of Indian

Penal Code.4

Shashi Tharoor, union minister, suggested that if the parents had no objection, her

identity could be made public, with a view to showing respect for her courageous response by

naming future laws after her, but Tharoor's remark created controversy. Speaking to a British

press reporter on 5 January,the victim's father was quoted as saying, "We want the world to

know her real name. My daughter didn't do anything wrong, she died while protecting herself. I

am proud of her. Revealing her name will give courage to other women who have survived these

attacks. They will find support from my daughter."5

Indian law forbids revealing the name of a rape victim unless the family agrees to it and,

following the news article which published the father's reported quote and the victim's name,

some news outlets in India, Germany, Australia, and the United States also revealed her name.

4 B.M.Gandhi Ipc 5 www.delhigangrapecase.com

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However, the following day Zee News quoted the father as saying, “I have only said we won't

have any objection if the government uses my daughter's name for a new law for crime against

women that is more stringent and better framed than the existing one.”6

Medical treatment and death

On 19 December 2012, the woman underwent her fifth surgery, removing most of her

remaining intestine.Doctors reported that she was in "stable but critical" condition. On 21

December, the government appointed a committee of physicians to ensure she received the best

medical care. By 25 December, she remained intubated, on life support and in critical condition.

Doctors stated that she was running a fever of 102 to 103 °F (39 °C) and internal bleeding due to

sepsis, a severe blood infection that can lead to organ failure, was somewhat controlled. It was

reported that she was "stable, conscious and meaningfully communicative".

An anonymous source quoted by The Sunday Guardian stated that the decision to move her

was taken “when it was already clear that she would not survive the next 48 hours”. During the

six-hour flight by air-ambulance to Singapore on 27 December, the woman suddenly went into a

“near collapse”, which a later report described as a cardiac arrest. The doctors on the flight

created an arterial line to stabilise her, but she had been without pulse and blood pressure for

nearly three minutes and never regained consciousness in Singapore. On 28 December, at 11 am

(IST), her condition was extremely critical.

The chief executive officer of the Mount Elizabeth Hospital said that the woman suffered

brain damage, pneumonia, and abdominal infection,and that she was “fighting for her life.” Her

condition continued to deteriorate, and she died at 4:45 am on 29 December, Singapore Standard

Time (2:15 am, 29 December, IST; 8:45 pm, 28 December, UTC). Her body was cremated on 30

December in Delhi under high police security. The Bharatiya Janata Party (BJP), the country's

main opposition party, criticised the high security levels, stating that they were reminiscent of the

Emergency Era, during which civil liberties were suspended.7

6The hindu, January 20137 The hindu 30 december 2012

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Arrests

Police found and arrested some suspects within 24 hours of the crime. From recordings

made by a highway CCTV vehicle, a description of the bus, a white charter bus with a name

written on it, was broadcast. Other operators identified it as being contracted by a South Delhi

private school. They then traced it and found its driver, Ram Singh. Police obtained sketches of

the assailants with the help of the male victim, and used a cell phone stolen from the two victims

to find one of the assailants.

Six men were arrested in connection with the incident. They included Ram Singh, the bus

driver, and his brother, Mukesh Singh, who were both arrested in Rajasthan. Ram and Mukesh

Singh lived in Ravidas camp, a slum in South Delhi. Vinay Sharma, an assistant gym instructor,

and Pawan Gupta, a fruit seller, were both arrested in Delhi. A seventeen-year-old juvenile from

Badayun, Uttar Pradesh, was arrested at the Anand Vihar terminal in Delhi. The juvenile had

only met the others that day. Akshay Thakur, who had come to Delhi seeking employment, was

arrested in Aurangabad.8

According to reports, the group had been eating and drinking together and “having a party”

earlier in the day. Although the charter bus which Ram Singh drove on weekdays was not

permitted to pick up public passengers or even to operate in Delhi because of its tinted

windows,they decided to take it out “to have some fun”. With Mukesh Singh driving, they first

picked up a carpenter who was charged 10 for a ticket and then robbed of 8,000 and ejected in

South Delhi. Shortly after the attacks, Gupta said he accepted his guilt and should be hanged.

Mukesh Singh, who was placed in Tihar Jail after his arrest, was assaulted by other

inmates and was kept in solitary confinement for his own protection. Ram Singh was presented

before the Metropolitan Magistrate on 18 December 2012.He refused to participate in an

identification process. Investigation revealed a history of frequent drinking that resulted in

“blinding rage”, “bad temper”, and quarrels with employers, that had led friends to call him

8 www.delhigangrapecase.com

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“mental”. On 11 March, Ram Singh was discovered hanging from a ventilator shaft in his cell at

about 5:45 am. Authorities said it was unclear whether it was a suicide or a murder. 9

Trial

The male victim testified in court on 19 December 2012. The female victim recorded

her statement with a sub-divisional magistrate at the Safdarjung Hospital on 21 December, in the

presence of the Deputy Commissioner of police. On 21 December, the government promised to

file the charge sheet quickly and seek the maximum penalty of life imprisonment for the

perpetrators. Following public outrage and a demand for a speedy trial and prosecution, on 24

December, the police promised to file the charge sheet within one week.

On 21 December, the Delhi High Court reprimanded the Delhi police for being “evasive”

in a probe status report providing details of officers on patrol duty in the area covered by the bus

route. A further court hearing on the matter was scheduled for 9 January 2013. The following

day, the Delhi Police initiated action against three Hauz Khas police station personnel for alleged

inaction of an alleged robbery committed against the carpenter by the occupants of the bus in

which the gang rape and assault occurred. On 24 December, two Assistant Commissioners of

Police were suspended for failing to prevent the gang rape incident.10

Juvenile defendant

In the 33-page charge sheet, the Delhi Police described the juvenile as the most brutal of

the six accused.The accused was declared as 17 years and six months old on the day of the crime

by the Juvenile Justice Board (JJB), which relied on his birth certificate and school documents.

The JJB rejected a police request for a bone ossification (age determination) test for a positive

documentation of his age. On 28 January 2013, the JJB determined that the juvenile would not be

tried as an adult. A petition moved by Janata Party president Subramanian Swamy seeking the

prosecution of the minor as an adult because of the extremely violent nature of his alleged crime

was rejected by the JJB.11

9 The hindu,29th December 201210 Times of India 27th December 201211 www.nirbhayaact.com

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The minor was tried separately in a juvenile court.A verdict in the case was scheduled to be

announced on 25 July, but was deferred until 5 August and then deferred again to 19 August. On

31 August, the juvenile was convicted of rape and murder under the Juvenile Justice Act and

given the maximum sentence of three years' imprisonment in a reform facility, inclusive of the

eight months he spent in remand during the trial.

Adult defendants

Five days after the victim's death, on 3 January 2013, the police filed charges against the five

adult men for rape, murder, kidnapping, destruction of evidence, and the attempted murder of the

woman's male companion. Senior lawyer Dayan Krishnan was appointed as the special public

prosecutor.12

Mukesh Singh, Vinay Sharma, Akshay Thakur and Pawan Gupta denied the charges. Some

of the men had confessed earlier, however their lawyers said that their clients had been tortured

and that their confessions had been coerced.

On 10 January, one of their lawyers, Manohar Lal Sharma, said in a media interview that

the victims were responsible for the assault because they should not have been using public

transportation and, as an unmarried couple, they should not have been on the streets at night. He

went on to say: “Until today I have not seen a single incident or example of rape with a respected

lady. Even an underworld don would not like to touch a girl with respect.” He also called the

male victim “wholly responsible” for the incident because he “failed in his duty to protect the

woman”.13

The four surviving adult defendants went on trial in a fast-track court. The prosecution

presented evidence including witness statements, the victim's statement, fingerprints, DNA

testing, and dental modelling. It completed its case on 8 July.

Conviction and sentencing

12 www.nirbhayaact.com 13 The hindu 11th January 2013

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On 10 September 2013, the four adult defendants were found guilty of rape, murder,

unnatural offences and destruction of evidence. All four men faced the death penalty, and

demonstrators outside the courthouse called for the hanging of the defendants.The victim's father

also called for the defendants to be hanged, stating, “We will get complete closure only if all the

accused are wiped off from the face of the earth.” Lawyers for three of the four stated that their

clients intended to appeal the verdict. The four men were sentenced on 13 September to death by

hanging.

Judge Yogesh Khanna rejected pleas for a lesser sentence saying the case has “shocked the

collective conscience of India”, and that “courts cannot turn a blind eye to such crimes”. The

victim's family was present for the sentencing and her mother expressed satisfaction over the

verdict saying, “We were waiting with bated breath, now we are relieved. I thank the people of

my country and the media.” After the verdict was delivered, the people waiting outside the

courtroom applauded.

On 13 March 2014, the Delhi High Court found all the defendants guilty of rape, murder,

unnatural offenses and destruction of evidence. With the verdict, the High Court confirmed death

sentence for all four men convicted in September 2013.

The court noted that the crime, which stirred widespread protests over sexual crimes against

women in the country, fell into the judicial system's “rarest of rare category” that allows capital

punishment. The lawyers of the four men said they will appeal to the Supreme Court.

On 15 March 2014, the Supreme Court of India stayed the execution of two of the four

convicts, Mukesh Singh and Gupta to allow them to make their appeal against their conviction

on 31 March.This was further extended by the court to the 2nd week of July. On 2 June, the two

other convicts, Sharma and Thakur also asked the Supreme Court to stay their execution to allow

them to make an appeal of their convictions. On 14 July, their execution was also stayed by

Supreme Court.14

14 The hindu 15th july 2013

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Justice Verma Committee and changes in law

On 22 December 2012, a judicial committee headed by J. S. Verma, a former Chief

Justice of India and one of India's most highly regarded Chief Justices and eminent jurists, was

appointed by the Central government to submit a report within 30 days to suggest amendments to

criminal law to sternly deal with sexual assault cases.15

The committee urged the public in general and particularly eminent jurists, legal

professionals, NGOs, women's groups and civil society to share “their views, knowledge and

experience suggesting possible amendments in the criminal and other relevant laws to provide

for quicker investigation, prosecution and trial, and also enhanced punishment for criminals

accused of committing sexual assault of an extreme nature against women.”.

The Committee held its first meeting on 26 December 2012; it had received more than

6000 emails with suggestions by then. The Justice Verma Committee report was submitted after

29 days, after considering 80,000 suggestions received during the period.

The report indicated that failures on the part of the government and police were the root

cause behind crimes against women. Suggestions in the report included the need to review the

Armed Forces (Special Powers) Act, 1958 (AFSPA) in conflict areas, and setting the maximum

punishment for rape as life imprisonment rather than the death penalty.

The committee did not favour lowering the age of a juvenilefrom 18 to 16. On 26

December 2012, a Commission of Inquiry headed by former Delhi High Court judge Usha

Mehra was set up to identify lapses, determine responsibility in relation to the incident, and

suggest measures to make Delhi and the wider National Capital Region safer for women. On 1

January 2013, a task force headed by the Union Home Secretary was established to look into

women's safety issues in Delhi and review the functioning of the city police force on a regular

basis.

15 The hindu December 2012

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On 3 February 2013, the Criminal Law (Amendment) Ordinance, 2013 was promulgated

by President Pranab Mukherjee. It provides for amendment of the Indian Penal Code, Indian

Evidence Act, and Code of Criminal Procedure, 1973, on laws related to sexual offences. The

ordinance provides for the death penalty in cases of rape.16

According to Minister of Law and Justice Ashwani Kumar, 90 percent of the suggestions

given by the Verma Committee Report were incorporated into the Ordinance. However, critics

state that many key suggestions of the commission have been ignored, including the

criminalization of marital rape and trying military personnel accused of sexual offences under

criminal law.

In a December 2013 interview, the rape victim's parents, Badri Nath Singh and Asha

Devi, said they are trying to get the juvenile law changed in such crimes as the rape and murder

of their daughter. They petitioned the Supreme Court to try the juvenile, just short of 18 when he

committed the crime, in a criminal court instead of a Juvenile Justice court.

The Criminal Law (Amendment) Act, 2013

The Bill was passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21

March 2013, making certain changes from the provisions in the Ordinance. The Bill received

Presidential assent on 2 April 2013 and came into force from 3 April 2013.

Amendments to The Indian Penal Code

1. Section 166 of the Penal Code, the following sections shall be inserted,

166A,Whoever,being a public servant;

knowingly disobeys any directionof the law which prohibits him from requiring the

attendance at any place of any person for the purpose of investigation into an offence any other

matter shall be punished with rigorous imprisonment for a term which shall not be less than six

months but which may extend to two years, and shall also be liable to fine.

2. In section 228A of the penal code, in sub section (i),for the words,figures and letters

“offence under section 376,section 376A,section376B,section 376Cor section 376D”,the

16 The hindu February 2013

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words ,figures and letters “offence under section 376,section 376A,section 376B,section

376C,section 376Dor section 376E” shall be punished.

3. Section 326 of the penal code, the following sections shall be inserted,

326A,includes acid attacks, punishment not less than ten years but may extend to

imprisonment for life,and with fine;

326B,includes acid attacks,punishment not less than five years but may extend to seven

years,and shall also liable to fine.17

4. Section 354 includes section 354A ,section 354B,section354C,deals with sexual

harrassment,shall be punishment,with not less than three years which may extend to five

years and shall also be liable to fine.

5. In section 370 inludes using threats,or using force, any otherform of coercion,or by

abduction, or by practicing fraud,or commits the offence of trafficking,includes

punishment not less than ten years which may extend to life imprisonment ,and shall also

be liable to fine.

6. Section 375,man commits rape shall be punished not less than fifteen years which may

extend to life imprisonment.

7. Section 376 Whoever,commits an offence punishable under sub section(1) or sub

section(2) of section 376 and in the course of such commission inflicts an injury which

causes deaath of the woman or causes the woman to be in a persistent vegetative

state,shall be punished with rigorous imprisonment for a term which shall not be less

than twenty years which may extend to imprisonment for life.

Criminal Law Amendment Act,2013 also amends The Code of Criminal procedure,1973 and The

Indian Evidence Act,1872.18

Changes in law

Section 370 of Indian Penal Code (IPC) has been substituted with new sections, 370 and

370A which deals with trafficking of person for exploitation. If a person (a) recruits, (b)

transports, (c) harbours, (d) transfers, or (e) receives, a person, by using threats, or force, or

coercion, or abduction, or fraud, or deception, or by abuse of power, or inducement for

exploitation including prostitution, slavery, forced organ removal, etc. will be punished with

17 B.M.GandhiThe Indian penal code 18 Bare act,2013 of ipc

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imprisonment ranging from at least 7 years to imprisonment for the remainder of that person’s

natural life depending on the number or category of persons trafficked.

Employment of a trafficked person will attract penal provision as well. The most

important change that has been made is the change in definition of rape under IPC. Although the

Ordinance sought to change the word rape to sexual assault, in the Act the word 'rape' has been

retained in Section 375, and was extended to include acts in addition to vaginal penetration. The

definition is broadly worded with acts like penetration of penis, or any object or any part of body

to any extent, into the vagina, mouth, urethra or anus of another person or making another person

do so, apply of mouth or touching private parts constitutes the offence of sexual assault.

The section has also clarified that penetration means "penetration to any extent", and

lack of physical resistance is immaterial for constituting an offence. Except in certain aggravated

situation the punishment will be imprisonment not less than seven years but which may extend

to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment

will be rigorous imprisonment for a term which shall not be less than ten years but which may

extend to imprisonment for life, and shall also be liable to fine.

A new section, 376A has been added which states that if a person committing the

offence of sexual assault, "inflicts an injury which causes the death of the person or causes the

person to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a

term which shall not be less than twenty years, but which may extend to imprisonment for life,

which shall mean the remainder of that person’s natural life, or with death."

In case of "gang rape", persons involved regardless of their gender shall be punished with

rigorous imprisonment for a term which shall not be less than twenty years, but which may

extend to life and shall pay compensation to the victim which shall be reasonable to meet the

medical expenses and rehabilitation of the victim. The age of consent in India has been increased

to 18 years, which means any sexual activity irrespective of presence of consent with a woman

below the age of 18 will constitute statutory rape.

Certain changes has been introduced in the CrPC and Evidence Act, like the process of

recording the statement of the victim has been made more victim friendly and easy but the two

critical changes are:

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1. The 'character of the victim' is now rendered totally irrelevant, and

2. there is now a presumption of 'no consent'

in a case where sexual intercourse is proved and the victim states in the court that she did not

consent.19

Nirbhaya Trust

The family of the victim recently established the Nirbhaya Trust,an institute formed to

assist women who have experienced violence to find shelter and legal assistance. Due to the fact

that Indian laws do not allow the publishing of a rape victim's name, it was named Nirbhaya

which means fearless in Hindi, after the name used by the media. The victim's father stated, "So

many people supported us, so ... we want [to] help those girls who have no one."

Social Changes after Criminal Law Amendment Act,2013

One year after a horrific sexual assault on a young woman in New Delhi sparked

nationwide protests and global media attention on India’s treatments of its fairer sex, many

females on the subcontinent feel that little has changed for the better, despite endless debates,

emotional speeches, hand-wringing and promises by politicians of all stripes.

The gang-rape (and eventual death) of the 23-year-old medical student on a private Delhi

bus eventually led to the imposition of the death penalty on four of the convicted culprits

(following a rather hasty trial in a newly installed “fast-track” court) as well as moves by the

national government to enact tougher laws against rape and steps by Delhi police to hire more

female police officers and create more telephone helplines for victims.

However, as IBN Live, an English language Indian television channel, reported, women in

India still feel unsafe and vulnerable in public and are dissatisfied with the pace of legislative

progress in bringing rapists to justice. According to data from Delhi Police, 2013 marked the

highest number of rape cases in the city since 2000 -- although police officials attribute this

19 Bare act of Cr pc

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increase to the fact that victims are more willing to report such crimes to the authorities, rather

than hide them out of shame.

Through the end of November, the number of rape cases registered in Delhi was more

than double than for the comparable period in 2012.20

Even more remarkable, the number of sexual molestation cases increased by five-fold

over last year (again, perhaps reflecting a greater willingness of victims to come forward).On the

street in Delhi where the infamous gang-rape occurred, IBN Live reported, women remain

targets for predatory men, and promises by city officials to install closed circuit security cameras

and operate more police vans through the area remain unfulfilled.And the situation remains bleak

in other major Indian metropolises as well.

 “The ground realities don't change,” a woman in the southern city of Bangalore told IBN.

“There is noise being made and people are coming out and speaking against things that they

never used to earlier which is a good thing.

Social media is being used proactively but have the ground realities changed? Do we

feel safer on our streets? I don't think so.” Similarly, a young mother in India’s financial capital

of Mumbai said that while there now exists a greater awareness of the rape crisis in India and

more public discussion, “the mentality of the people has not changed so much.” She also

lamented that she has a “fear at the back of my mind, I would not like my daughters to venture

out alone.”Some prominent Indians also expressed their pessimism about the status of women in

the country and the commitment of authorities to prosecute sex criminals. 

Nilanjana Roy, a novelist and literary critic, said that in the fallout from the massive

publicity of the Delhi rape case, more repressive measures have actually taken place in the guise

of “protecting” women. “We saw a rise in regressive statements, behavior intended to curb

women's freedoms under the guise of ‘protection’, and across the board a defense of the status

20 The hindu December 2012

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quo and of traditions that continue to ignore women's rights,” she told BBC. But she holds out

some hope that at least men and women in India are talking about the issues of rape and the – in

a broader context -- females’ place in Indian society.

‘Rape culture’ in India is fuelled by an acceptance of inequality and of embedded

violence; it may be the first time in decades that we are exploring these fault-lines - of caste,

class and gender - in such a mainstream fashion,” she added.21

 “Can we put an end to the violence that kills women before birth, that keeps unwanted

girls in deprivation, that is seen in the high levels of child abuse and domestic violence, affecting

both boys and girls, and that ultimately leads to ‘rape culture’?” She answers her own query by

noting that thus far it has been hard to even change the small things, but she is “impressed that in

a country where we switch from one topic to another as easily as we switch TV channels, we

haven't stopped discussing the problem not just of rape, but of violence.

The rapes might not stop; but this conversation isn't stopping either.”An activist named

Kavita Krishnan said she is encouraged by the fact that high school and college students in Delhi

and elsewhere have found it comfortable to openly discuss women’s rights, a subject that often

fell under taboo. “Students are reading about and debating the history of women's movements.

There's deep introspection about how we end up sustaining violence and discrimination against

women,” she said. “Less encouraging, however, is the response of the government and

institutions.”

 Indeed, this past summer, after a young photojournalist was gang-raped in Mumbai, the

local police chief blamed the assault on what he called a newly “promiscuous culture” in

India. Krishnan is outraged that women victims of rape, in many cases, are being blamed for

their own sufferings.22

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 “The onus seems to be on women, on how they dress, how they behave. People in charge

of enforcing the law are not listening to the women,” she said. “Such attitudes appear to be in

sync with the way the economy and society is working: it's about wanting a docile woman both

at home and the workplace.

There is clearly some anxiety all over the world among policymakers about how to re-

persuade women to be "real" women -- to go back to their traditional docile role even as they

become more empowered.”Manta Sidhu, a musician, complained to Al Jazeera that rape

continues to be “rampant” in India and she sees no signs of the police or government cracking

down on sexual violence. 23

“If a woman is pulled into a car full of men while she walks on the road, I wonder how a

women's helpline number is going to help?,” she asked. “The general sentiment among women

in the city is that of insecurity. Everyone talks about it.” Sidhu offered that rapists behave with

impunity because they do not fear a lazy, slow and corrupt criminal justice systems. “Until the

country imposes capital punishment for rapists, there will be no fear and there will no stopping

for these criminal minds,” she declared.

Dr. Anita Raj said that while political organizing, activism and advocacy for better

addressing the issue of rape and the treatment of rape victims in India have increased in the past

year, the recent policy changes toward these ends do not appear to have had much effect.

 “Crime statistics indicate an increase in rape reporting, [while] convictions remain very

low,” she said. “Further, policy changes have not included important recommendations from the

Verma Commission [which filed a report on the Delhi rape case and proposed laws to battle

rape], including the criminalization of marital rape.”

Raj, who is Director of the Center on Gender Equity and Health and is a Professor in the

Division of Global Public Health, Department of Medicine at the University of California at San

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Diego, noted that in India, reports of sexual violence in marriage are almost 3 times higher than

reports of non-marital sexual violence reported by women.

But some others in India are cautiously optimistic that the seeds of real change have finally

been planted. "The society is indeed becoming more sensitive to rape victims now, but there is

still a long way to go. You cannot deny there is a rape epidemic in the country" Ranjana Kumari,

the head of Centre for Social Research in Delhi, told the Agence France Presse. Indira Jaising,

the top female federal legal adviser in India, told the Wall Street Journal that "the solidarity that

we saw on the streets of Delhi last year after the rape has given courage to many people.”

Another factor driving India’s inability to bring rapists to justice lies with structural

deficiencies in the criminal justice system – namely, a paucity of judges, lawyers and

courts. “India's judicial system has slowed down,” said an MP named Baijayant Panda. “Even

violent criminal cases take 10-20 years to get decided in the courts.” Panda also noted that India

has only 13 judges per million people – while in the developed world, the ratio is as high as 100

judges per million people.

The ratio of police to the ov24erall population is also quite low. “Justice is not done or not

perceived to be done,” Panda added. “Not surprisingly, the capacity of the system to process

criminal cases is deeply compromised. People's faith in the system has become frail. Our

political system is also not engaged enough with these issues.”

Dr. Raj suggested that a broader reach toward change may come from engaging sectors

beyond just criminal justice, as sexual violence is also an issue of health and welfare. “To that

end, opportunity for progress remains,” she said. Raj cited that the Indian government’s Ministry

of Health and Family Welfare has developed a comprehensive Adolescent Health Strategy (to be

launched next month) that includes in its focus violence and injury.

“Given the disproportionate burden of sexual violence faced by adolescent girls, this

Strategy may be able to lay the groundwork for social (not just legislative) change to reduce

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adolescent girls' vulnerabilities to sexual violence, to reach adolescent boys and reduce their

likelihood of perpetration, and to affect community social norms of acceptability of sexual

violence and victim blaming,” she stated. 25

“Such efforts, in conjunction with broader legal protections, would be important to produce

sustained changed in India. We need to actively engage this strategy in sexual violence

prevention and intervention as an important health and welfare concern for adolescents.”

For the parents of the Delhi gang-rape victim, nicknamed ‘Nirbhaya’ (or “Braveheart”),

there is no closure from the untimely passing of a treasured daughter. "There is no question of

coming to terms. How will it happen? Her voice rings in our head,” her father said. “Whenever I

sit alone and think about it, I can't control my tears. It's like we haven't lost our daughter, we

have also lost our self-confidence.”

Although the government has provided Braveheart’s parents with a free apartment in a

middle-class neighborhood in Delhi, the father with a job at the international airport, and his two

other sons with free tuition at colleges, the family is tired of the constant media glare on their

private lives while they grieve in silence. 

"Sometimes I feel, poverty was better for us,” the father old BBC. “We slept well. We

were happier. Today, we have everything, but yet nothing. Without our daughter our world has

turned colorless".

Braveheart’s parents must also contend with the fact that the juvenile who was convicted

of raping their daughter has so far escaped serious punishment, by serving a mere three-year

sentence. (A sixth suspect in the case, an adult, was found dead in his prison cell before he could

face trial).

Meanwhile, activists, women’s groups and ordinary citizens are holding vigils and

demonstrations across India to remember Braveheart. Her family will also hold a small memorial

for her.

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"We just want to keep her memory alive as long as it's possible. I know one day people will

forget her. But they will remember her death led to changes - changes in the anti-rape laws, a

change in consciousness," her father told BBC. "Women are speaking up against harassment and

violence now. There is some fear of the law. That is my daughter's contribution, isn't it?"

Conclusion

Natuarally, by this Act, many changes should found in this present society of India, even after

completion of one year there are very few changes in positive manner and huge change in

negative manner. Laws and Acts should not only created and implemented but also the should be

followed. Change occurs from government, that is people of India as our country is democratic

country. This is not only conclusion of my topic or project but also my opinion on this Act, as

well as people of India.

References

Net sources

www.nirbhayaact.com

www.criminallawamendmentact.com

www.delhigangrapecase.com

www.socialchangesafternirbhayaact.com

Books

Bare act,2013

B.M.Gandhi Indian penal code

K.D.Gour Indian penal code

News papers

The Hindu

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Deccan Chronicle

Times of India

Times