Questions on women's safety even after 13 years of Nirbhaya case (Photo- Sumit Sahni, Jagran Graphics)
My name is Nirbhaya. One who should not be afraid, but I am afraid. Every day. Every night. With every breath. In the school bus, the driver uncle gives chocolate and his fingers crawl on my body. I take chocolate. Because if I shout, people will say – “Hey, I have just given you chocolate!” In college the professor says, “Sit with me, you want marks, right?” His hand is on my thigh. I laugh. Because if I cry, people will say – “Don't spoil your career, keep quiet!” In the office, managers make sexual jokes, make obscene comments and say dirty things. I remain silent, smile and avoid it. Because if I speak, people will say – “It's just talk, you will lose your job, keep quiet!” It's nine o'clock at night. When I leave the office, the dogs on the street whistle, abuse, and open their pants. I walk fast with my head bowed. Because if I answer, people will say – “Why did you go out alone at night?” My name is Nirbhaya. Who should not have been afraid. But I am scared. Presenting 13 years of Nirbhaya!!!
Who were the culprits of Nirbhaya case?
Whoever heard or read about the Nirbhaya gang rape that night in Delhi was stunned. It was difficult for anyone to believe that humans could commit such atrocities. Everyone wanted to know who these brutes were. During this time, when questions were being raised on law and order in the country's capital, Delhi Police solved the matter in just 72 hours.
A total of six people were involved in the Nirbhaya case:
Of these, driver Ram Singh committed suicide while serving his sentence in jail. After a long legal battle, the other four adult convicts were hanged in Tihar Jail on 20 March 2020, i.e. almost 7 years and 3 months after the incident. At the same time, the minor accused was sentenced to 3 years in a juvenile home. Coverage of 'Nirbhaya' case on the front page of Dainik Jagran Group's other newspaper, Nai Duniya, on 30 December 2012.
Which laws were changed after Nirbhaya case?
Criminal Law (Amendment) Act, 2013
It is also known as Nirbhaya Act. After the Nirbhaya case, many important amendments were made in this law.
Previously: Only physical intercourse was considered a misdemeanor, rarely resulting in a death sentence. In most of the cases, only 7 to 10 years of punishment was given. Apart from this, the victim's statement was public. Many cases remained pending and hearings took long.
Now: After the enactment of the Nirbhaya Act, sexual violence through mental, physical force and any tool, forced abortion and other types of sexual crimes were included in it. The culprits were sentenced to death or life imprisonment. The testimony and identity of the victim were protected. Fast track courts were created so that hearings could be conducted immediately.
The main objective of the POCSO Act is to protect children up to 18 years of age from sexual crimes. Under this, investigation of crimes against children is necessary to be safe, fast and sensitive. Before 2012, there was no specific law to prevent sexual crimes against children.
Earlier: There were strict provisions, but surveillance and security were considered weak. Strict action against juvenile delinquents was also limited. Child sexual abuse, pornography, sexual harassment were divided into separate laws.
Now: Incidents like child sexual abuse, rape and exploitation and pornography have been included in this. The identity of the minor is also kept confidential. Even during the crime and trial, the child is kept mentally safe.
Photo- Aman Singh, Jagran GraphicsPosh Act, 2013
After the Nirbhaya case, it was created to ensure the safety of women in offices, colleges and institutions. Earlier there were no specific rules for harassment against women at the workplace. It was often seen that when women complained, they remained silent due to pressure.
Under this, it is mandatory for any institution to constitute an Internal Complaint Committee (ICC). The ICC hears and resolves women's complaints. In this, 50 percent of the members are required to be women. Along with this, one member is also an expert.
Juvenile Justice Act, 2015
This Act was made in the year 2000, under which a minor was sent to a rehabilitation center in case of murder or rape. Amendments were made to it after public dissatisfaction increased during the Nirbhaya case.
Now changes have been made in it. Meaning, if teenagers aged 16 to 18 years commit serious crimes, they will be sentenced like adults. There is a provision to send juveniles who commit minor crimes to rehabilitation centers. Another important thing in this is that the identity of minor criminals and victims is kept confidential. 'Nirbhaya' still in fear even after 13 years
NCRB released the ‘Crime in India Report’ of 2023 about two months ago. The figures were shocking, as the number of crimes against women was 4,45,256 in 2022, which increased further in 2023. This figure represents 66.2 cases per one lakh female population.
Most of the cases involve cruelty by husbands or relatives. Apart from this, cases of kidnapping, outraging the modesty and rape of women also increased seriously. According to the report, about 81 women are becoming victims of rape every day.
What does NCRB's 2023 report say?
Percentage in total crimes
Cruelty by husband or relatives (IPC 498A)
Kidnapping and abduction of women
Attack with the intention of defaming women
Cases under POCSO Act
total crimes against women
Truth of 2023: Women screaming in statistics
◆◆ targeted by husband/relatives 29.8% (cruelty by husband/relatives)
... now more daughters should be safe
Our daughter is no longer with us, but if the daughters of others will now be safe, then we will feel relieved. Even at the cost of our daughter's death, if the future of the daughters of Delhi and the entire country becomes safe and better, then our sorrow will be reduced to some extent.
These words were said by Nirbhaya's parents on the day she breathed her last in Singapore after fighting for her life for thirteen days.
In which direction does society need to change?
There have been many changes in law and order in the last 13 years, but on what changes are needed in the society, the team of Dainik Jagran Digital talked to retired ACP Rajendra Singh of Delhi Police.
He said – The most important thing is the change in patriarchal thinking. Today girls are becoming economically empowered. Society should accept and appreciate it. Sex education, consent education and co-education/co-learning should be promoted.
It is possible that the mindset of people may change in the coming times, it is difficult to change the thinking of the society through law alone. Every person has to start this at his own level. It is necessary to teach this to our future generations also.
Rajendra Singh, Retired ACP, Delhi Police
What did society learn from the Nirbhaya case in 13 years?
What have you learned in these 13 years? Here ‘AAP’ means ‘society’. Nirbhaya case raised awareness among everyone.
You learned: If a woman goes out at night, she should be careful, but not the society. You learned: If rape happens, candles have to be lit on the streets, candle marches have to be taken out. You also have to protest with posters in hand. You learned: In the last three years, you also learned to post statuses and hashtags on social media like Facebook, Instagram and X. You learned: You also learned to raise slogans of Beti Bachao-Beti Padhao, but sons were not taught how to behave with daughters.
Governments changed, laws became stricter, fast-track courts were formed, Nirbhaya Fund was formed, POSH Act was implemented, Hindi cinema also made many films like Pink, Article 15, Thappad, Chhapaak etc., but even today when the NCRB report is opened, the same old pain screams. More than four lakh cases every year.
Even today, teasing is considered a joke, domestic violence is considered a personal matter, and laying hands in the office is considered a misunderstanding. Be it government-administration or Hindi cinema, all of them taught us a lot. Did you learn? Probably not… Had we learned, the figures in the NCRB report probably would not have been shocking.
Source: National Crime Records Bureau Report 2023 Official website of Ministry of Law and Justice