12 years of Nirbhaya case ,has anything changed ?
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-7 ISSUE NO:- 7 ,FEBUARY 16, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com 12 years of Nirbhaya case ,has anything changed ? Abstract The issue of rape culture in societies, particularly in countries like India, remains a pervasive and deeply rooted challenge. Despite legislative reforms and high-profile cases like the Nirbhaya incident that prompted legal changes, the prevalence of sexual violence continues. The article highlights post-Nirbhaya legal amendments and subsequent cases, such as the Hathras and Unnao incidents, illustrating the persistent challenges in ensuring women’s safety. It calls for a comprehensive approach, suggesting measures like improving city safety, ensuring workplace and public transportation safety, implementing digital and cybersecurity measures, and proposing legal reforms. The article emphasises the need for societal changes, promoting enthusiastic consent, challenging toxic masculinity, and adopting a more inclusive and intersectional perspective. Recognizing the historical context of rape as a weapon of oppression, the article stresses the importance of listening to survivors, rejecting rape jokes, and engaging in active bystander intervention. It concludes by urging society to be proactive in addressing rape culture, fostering open conversations, and advocating for collective efforts to create a safer and more equitable environment for everyone. keywords Rape, Nirbhaya, case, legal, year, sections, courts, women, safety, sexual, brutal. INTRODUCTION A country like India who faced approx 200 years of cruelty , exploitation and salevry and got independence 77 years ago . Lots of law has been formed for every society and community even for individuals , but the question is are we really free ? Do we have freedom to move around freely ? Lots of questions are unanswerable logically but at least we can keep on asking questions until or unless every woman or man is safe in this country . Talking about women safety in our country women are not safe outside nor at home . So what is the point of all these women empowernment schemes ? According to the National Crime Records Bureau (NCRB), India reported 4,45,256 rape cases in 2022 a terrable data which is approximate 4% increase from 2020. This is an average of three rape cases per day, or about 87 cases per day.States like Rajasthan, delhi , Haryana , Uttar pradesh still have large numbers gender based crimes which includes specially women. The Nirbhaya Case Fact of the case On the chilly evening of December 16, 2012, a 23-year-old woman and her companion attended a movie, concluding their evening around 8:30 pm. Opting for an auto, they arrived at the Munirka bus stand, where they boarded a chartered bus en route to Dwarka, its white exterior concealing the impending horrors. Inside the bus, six individuals were already present when, suddenly, the lights plunged into darkness. The atmosphere turned ominous as three men directed abusive language towards the woman’s companion, sparking a heated altercation that escalated to a brutal assault with an iron rod, inflicting grave injuries. In the wake of the altercation, the assailants callously robbed the traumatized couple before subjecting the woman to a horrifying sequence of brutal rapes, each assailant taking turns. The victim endured both unnatural sexual acts and sustained severe injuries to her private parts due to the vicious use of an iron rod. Following the heinous acts, the perpetrators callously stripped the woman of her dignity and belongings, callously discarding both victims naked near National Highway no. 8. In a further display of cruelty, the accused attempted to run over the defenceless pair with the bus before making their escape. The incident stands as a harrowing testament to the depths of human depravity and the urgent need for justice and societal change. Protest for justice On 21 December 2012 India woke up with anger and grievance at India Gate and Raisina Hill, the latter being the location of both the Parliament of India and Rashtrapati Bhavan, the official residence of the President of India. Thousands of protesters clashed with police and battled Rapid Action Force units Demonstrators were baton charged. shot with water cannons and tear gas shells, and arrested. countless protests took place throughout the country. More than 600 women belonging to various organisations demonstrated in Bangalore. Thousands of people silently marched in Kolkata. Protests occurred online as well on the social networking sites Facebook and WhatsApp, with users replacing their profile images with a black dot symbol. Tens of thousands signed an online petition protesting the incident. The scenario of the country was heartbreaking, every protester was screaming for justice, but the three pillars of Indian democracy were silent and had no answer for all the questions people were asking them . ISSUES RAISED Whether the offenders should be punished with life imprisonment or death penalty? Whether the minor should also be punished for this heinous act or should be sent to juvenile home? Whether the scope of Section 375 should be expanded? ● Whether the rape laws present in the IPC should amended for good? PETITIONERs ARGUMENT The petitioner asserts that the case, having undergone a robust trial in the subordinate court, witnessed a parallel affirmation of the judgement by the High Court upon the respondent’s appeal. Pursuant to Article 137, the learned counsel representing the accused sought recourse in the Supreme Court through a review petition, contending that the judgement was marred by errors of fact. In an attempt to introduce a defence highlighting the absence of the offenders at the crime scene and disputing any link between the perpetrators and the crime, the petitioner’s assertions were dismissed by the court, which relied on the substantiated documents and proofs submitted by the state. Subsequently, the counsel pursued a Curative Petition, seeking relief for the aggrieved party even post the final judgement. However, the Supreme Court, guided by considerations for the nation’s welfare, the imperative to deter future crimes, and the preservation of judicial integrity, rejected the plea. The final recourse employed was a Mercy Petition, filed before the President of India, who possesses the