Vibrant and colorful. Spirited and vivacious. The new Ministry of Tourism’s advertisement shows a bubbly girl taking a stroll in the lush gardens and posh Lutyen’s road in the National Capital. Surprisingly, it is in stark contrast to the blindingly obvious reality that stares down every Indian’s face, every single day. A girl walking in Delhi, ensured about her safety is a sight not very common in the NCR. Surely not after the December 16th, 2012 rape incident in Delhi, due to which Jyoti Singh (Nirbhaya) succumbed to her death days after in a Singapore hospital. Even a tiny part of the true reality is enough to put the country to shame. But blissful ignorance and devil-may-care attitude has degraded the society in a large way.
Not that we are a country endowed with less respect for women. Revering women in the form of goddesses and idols find its root in Indian ancient texts. But the situation is not the same if we fast-forward to the 21st century.
The night of shame for India
On the night of December 16th 2012, Jyoti Singh and her friend Arwindra Pratap Pandey took a private bus from Munirka in South Delhi. Little did she know that the ride would be one of the most torturous ordeals of her life and well, for many around the world who would listen to it. The six other people in the bus brutally beat up Jyoti and her friend, gang raped her and continued doing so even after she had reached the point of being unconscious. The men then dragged Jyoti to the rear of the bus, beating her with the rod and raping her while the bus driver continued to drive. Medical reports later said that she suffered serious injuries to her abdomen, intestines and genitals due to the assault. Jyoti attempted to fight off her assailants, biting three of the attackers and leaving bite marks on the accused men.
India speaks up
The brutality and monstrous behavior of the rapists was unlike any seen, not just in India (well known for rapes and molestations), but also round the globe. Fearless and courageous, Jyoti continued to battle through the pain and torture for fifteen complete days before breathing her last in a Singapore hospital. Giving Jyoti the name “Nirbhaya” (fearless in Hindi), the people all around the sub-continent came out in huge numbers to support the victim and wrecked havoc on the streets of New Delhi, some even managing to take their protest all the way up Raisina Hills. The incident acted as a spark which fueled the concern of many over women safety in India and internationally. Long days of protest and writing open letters to authoritative persons in the government ensued. With the anger boiling over the maximum point, people started to rebel. Such was the anger harbored by the people that the police authorities had to use tear gas and water cannons to disperse groups of protestors. Such was the anger that the protestors vowed to march straight into the President’s Estate, if action was not taken. Such was the anger that the whole of India was united in speaking up for the “India’s daughter”. What many national and political issues couldn’t do, the plight of a young physiotherapy intern did.
The wheels of justice start turning
Under immense pressure from both the general public and the media, swift action was taken by the Delhi Police and the case investigation was started. Police found and arrested some suspects within 24 hours of the crime. Later on, 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. 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 “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. On 10 September 2013, the four adult defendants were found guilty of rape, murder, unnatural offenses and destruction of evidence. All four men faced the death penalty, and demonstrators outside the courthouse called for the hanging of the defendants. Next hurdle – Delhi High Court. 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. Next hurdle – Supreme Court of India. Many believed it was just a matter of a few more trials and the accused would finally tread on their final walk towards the rope. But surprisingly, 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. Necessary? Maybe. A mere formality turned into a slap right across justice’s face. But the even more haunting fact is that, it has been two years since then. It was only recently that the case was heard again after the two year gap. Necessary? Not in one bit. While the case is being heard in the apex court, the question might arise in many of our minds – How much longer would these rapists hang on to the mercy gifted to them by the legal system?
Changes in definition of “Juvenile” crime
When all these trials were going on, one of the accused was let off easily. The juvenile defendant was asked to prove the validity of his “juvenility”. With the help of his birth certificate and school documents (education gone in vain indeed), he was proved to be 17 years and six months old on the day of the crime. Because of this fact, he was treated as a juvenile and tried separately in Juvenile Court. 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. This led to protests similar to the earlier protests and called for a change in the Indian law when dealing with juveniles. The law does not allow for trial of any person below the age of 18 as an adult. The Indian rules and regulations regarding age restrictions are not the best in the world. While an 18 year old is not allowed to have a sip of beer from the local bar, he is allowed to vote and choose who would represent his views before the country in the Parliament. At 18, you are old enough to have sex, but not old enough to marry your lover. The juvenile was let out from prison last December and was provided a tailor shop to earn livelihood. What more could the system have done for him? Provide him with life insurance, a car and a house? If the juvenile was old enough to act in such a heinous crime as rape, then why the hesitation to try him as an adult? Why should he be let loose just because he was only months away from attaining “adult” status? Did the law go too far out with it’s ever-so-merciful approach? The law had the opportunity to instill in every juvenile a sense of fear – fear of committing crimes. But it really squandered the opportunity. A popular news anchor on primetime news summarized the frustration of the country in one single questioned aimed at the people defending the release of the juvenile at that time – “Imagine a situation where your loved ones, mom, sister, aunty, were shopping in the supermarket. And walking just behind her is the juvenile rapist. Would you be comfortable after knowing that? Would you not rather have your loved one miles away from him?”
Reacting to the widespread protest, the Lok Sabha and Rajya Sabha promised to amend the law regarding juvenile trials. But many see it as a way of appeasing the mob. Why act only after the damage has already been done? This often required impetus for the actions taken by the authorities in our country has been looked down by many.
When faced with doubts, numbers will not disappoint. Let us take a look at some of the crunching numbers reflecting the scene after the 12th of December 2012. According to a new survey, female tourists have shunned India in record numbers since the brutal gang rape of a 23-year-old student on a Delhi bus last December. The survey, conducted by India’s Associated Chambers of Commerce and Industry, or Assocham, found a 35 percent decline in the number of female foreign tourists and a 25 percent decline overall since the attack. According to human-rights workers, thousands in India lose their lives each year due to rape, domestic assaults and other acts of violence against women. The shocking number is 20. Every 20 minutes, a woman is raped in India. Shocking, isn’t it? It is just the tip of the humungous iceberg called barbarism. Delhi reported 1,813 rapes in 2014, up from 1,441 in 2013. While Delhi continues to lead other big cities in the number of reported rapes, the increase in reported cases has tapered after a sharp spike in 2013. In Mumbai, in contrast, while the number of reported rapes was comparatively lower, there was a sharp spike between 2013 and 2014, from 391 to 607 cases. Nearly all of India’s custodial rape — 189 of 197 cases — was reported in Uttar Pradesh, which along with Rajasthan and Madhya Pradesh recorded the highest numbers of alleged gang rapes. Delhi police figures show a dramatic rise in reported crimes in 2013, including 590 percent more molestation cases and 148 percent more rape cases than at this time last year. While India has surely not failed in enthralling the international visitors with its “incredible Indian” hospitality, many visitors would rather have none of it. But why just foreigners? When we ourselves do not feel safe in our very homes, there is no rationality in expecting travelers from oceans beyond to come to a country with high rape and murder numbers and feel safe and sound.
Nirbhaya still awaits justice
Let us cut to 2016 now. Yes, reality does pinch hard. But not hard enough it seems. The legal system has yet not delivered the verdict for the Nirbhaya case. While sitting in the court verandahs in New Delhi, the parents of Nirbhaya blissfully remember their daughter’s playful childhood memories. Finding it hard to pay for her education, her father – Badrinath Singh was forced to sell his ancestral land and worked double shifts to pay for her education. All this at a time when education was not the priority for a girl in a village household. She was prioritized over her two brothers with regards to education. Her father had envisioned for her a bright future devoid of any hardships and difficulties. But destiny has not been so kind to them. While they have been wandering in the courtrooms of New Delhi for the past 4 years, the bright light at the end of the dark tunnel has eluded them. For them, it is no longer a fight just for their daughter. It is a fight for every single daughter of every single parent in the country. “We are proud that our daughter fought back with all her strength. No woman would want this to happen to her.” The exuberance and faith exhibited by Badrinath and Asha in the law is enough to move mountains. But has the law lived up to the faith instilled in it? Has the law acted in the best manner possible to serve justice to the parents of the brave and mighty Nirbhaya? The answers have remained unanswered.
LawRato has been working closely with the parents of Nirbhaya and has put in hours of relentless hard work towards this issue. We believe that justice delayed is justice denied indeed. The judicial system should speed up in the final lap in this marathon race. With a huge number of people backing the initiative taken by LawRato, we believe that it is not a long time from now that justice will finally be rendered. Empty promises and delayed hearings have been a common sight for us. We want change. We want a revolution. We want the revolution to once again instill in every woman the confidence and sense of safety she earnestly desires. We want justice. Not just for Nirbhaya, but for every single daughter in the country. A death penalty for the accused may not bring back their beloved Jyoti, but it would surely mean that the ever so elusive light at the end of the dark tunnel would now finally be a reality.
| Auhtor:- Mr.Nikhil Sarup |
| Email: [email protected] |Lawrato.com |