Nirbhaya Act

                            Nirbhaya Act

Synopsis-

Introduction

Highlights of Nirbhaya case

Changes come in Criminal law (Amendment)Act, 2013

Comparison from the laws of other Countries

Conclusion

Introduction:- 

Rape is the fourth most heinous crime against women in India. Indian women are constantly in a state of high alert when alone on the streets, at work or in the markets. Due to India’s predominantly patriarchal nature, domestic violence is known to be culturally acceptable. Studies reveal that even a majority of working women suffer domestic violence from their husbands. A non-earning woman’s position further exacerbates vulnerability and dependence on their male partner as opposed to a woman who contributors financially to the household. Rampant poverty across the country is the main driver for low literacy rates and consequently, disempowerment and abuse among women.

There are Indian penal code (1860),Code of criminal procedure(1973) and Indian Evidence Act(1872) for penalizing the heinous crime of rape and sexual assault but this nirbhaya gang rape was very brutal which cross the definition of rape. That is why it is necessary to bring some amendments in the existing criminal code in the form of ‘Nirbhaya Act’ for more severe punishment.

Highlights of Nirbhaya Case:-

• Dec 16: 2012: 23 year-old paramedical student is brutally gang raped and assaulted by 6 men in a bus and thrown out of a moving bus with her male friend. Both the victims were admitted to Safdarjung hospital.

• Dec 17:  Country’s anger for rapists initiate in the form of widespread protests. Accused identified by the police.

• Dec 18: Ram Singh and 3 other accused nabbed by the Delhi police.

• Dec 20: Victim's friend gives his statement which was strong evidence.

• Dec 21: Juvenile in the case nabbed from Anand Vihar ISBT, Delhi. Victim's friend identifies Mukesh as one of the accused in the case. Raids conductes in Bihar and Haryana to arrest the 6th accused, Akshay Kumar Singh.

• Dec 29: After 12 days of fighting for her life, the victim or 'Nirbhaya' succumbs to her injuries. Police add murder charge in FIR.

• January 2,2013: Then CJI, late Altamas Kabir inaugurates FTC (fast track court) for speedy trial in this sexual offence cases.

• Sep 13: Court awards death penalty to all the 4 convicts

• March 13: HC upholds the death penalty of all the 4 convicts in the case.

• May 5,2017: SC upholds death penalty awarded to the 4 convicts and says that the case falls under the 'rarest of rare' category.

• Nov 8: Mukesh Singh filled a review petition in the SC against the capital punishment which was given to him.

• Jul 9: Supreme court rejected the pleas of all the 3 convicts

• Feb 2019: In order to get death sentences issued for the convicts in the case, victim's parents move the Delhi court.

• Dec 10,2019: Akshay Kumar Singh, one of the convicts in the case files a review petition with the SC against the death penalty.

• Dec 18: Akshay's plea gets rejected. Delhi court directs Tihar jail authorities to issue notices to convicts to utilise the legal remedies left at their disposal.

• Jan 7,2020: Delhi court issues death warrants against the convicts for hanging on Jan 22 at 7 am in Tihar jail premises.

• Jan 14: SC junks curative petition of Vinay and Mukesh. Mukesh files mercy plea before President.

• Jan 17: Tihar jail authorities seek fresh date for hanging. Feb 1 at decided as the date and time of execution for hanging.

• Jan 25: In an attempt to save himself, Mukesh moves SC against trashing of mercy plea.

• Jan 30: SC dismisses the curative petition filed by Akshay.

• Jan 31: SC quashes Pawan Gupta's plea that sought review of the rejection of Gupta's juvenility claim.

• Feb 5: HC dismisses Centre's plea against trial court order; says all 4 convicts have to be hanged together.

After all the rounds of petitions being filed and rejected, the SC trashed the curative petition filed by Pawan Gupta on March 19 and held an unprecedented late night hearing on the case. Pawan . Finally on March 20, all the four convicts in the case were hanged at 5:30 am and hence it proved that there may be delay in getting justice, but justice is definitely available.

Changes comes in Criminal law (amendment) Act, 2013

Nirbhaya Act Criminal Law (Amendment) Act , 2013 (Nirbhaya Act) is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences. 

After nirbhaya gang rape, in 2013 amendments were introduced in the Criminal law to laid down stringent punishments to deal with the sex crimes against women, which was why the Criminal Law (Amendment) Act, 2013 popularly came to be known as the ‘Nirbhaya Act’. The new law redefined rape to include other acts in addition to vaginal penetration like penetration of penis into vaginal, urethra, anus or mouth; or inserting any foreign object or any other part of the body into vagina, uretha or anus of another women. The new act also recognized certain acts as offences which were hitherto dealt separately under IPC. These are acid attacks (Sec 326A), attempt to acid attack (Sec 326B), sexual harassment (Sec 354A), act with intention to disrobe a women (Sec 354B), voyeurism (Sec 354C) and stalking (Sec 354D).

The new amendment defines ‘consent’, to mean an unequivocal agreement to engage in a particular sexual act; clarifying further, that the absence of resistance will not imply consent.

Comparison from the laws of other countries

In the United States, the definition of rape varies by state, but it typically involves non-consensual sexual intercourse or penetration. Each state has its own laws and definitions for sexual assault and rape. All U.S. states have criminalized marital rape. Consent or lack thereof is a crucial element in determining whether a sexual act constitutes rape. Penalties for rape in the U.S. vary by state but often include imprisonment, fines, probation, and mandatory sex offender registration. Some states have life imprisonment or even the death penalty for particularly heinous cases.

In the UK, sexual assault is defined as any intentional sexual touching without the consent of the victim. It includes a wide range of non-consensual sexual acts. The UK recognizes marital rape as a crime. Consent is a critical element, and sexual activity within marriage must be consensual. Penalties for sexual assault in the UK can include imprisonment, fines, and court-ordered counseling or therapy. The severity of the punishment depends on various factors.

Conclusion

In conclusion, the Nirbhaya Act was a significant step forward in addressing sexual violence against women in India. It demonstrated the government's commitment to improving the safety and rights of women and girls. However, it should be seen as just one part of a broader effort that includes changes in societal attitudes, better enforcement of the law, and increased awareness about gender-based violence. The act serves as a reminder of the ongoing need to work towards a safer and more equitable society for all. We have a responsibility to set good values and guidance for posterity. In the words of great scholar, Swami Vivekananda, “the best thermometer to the progress of a nation is its treatment of its women.” Crime against women not only affects women’s self esteem and dignity but also degrades the pace of societal development. I hope that this gruesome incident in the capital and death of this young woman will be an eye-opener for a mass movement “to end violence against women” and “respect for women and her dignity” and sensitizing public at large on gender justice.

 **Author:- Ishita Pandey, a 3rd year B.A.LLB Student of Shambhunath Institute of Law