INDIA AFTER NIRBHAYA

According to data of National Crime Records Bureau (NCRB) in India, every 15 minutes, a woman is raped. In the year of 2017, 34000 rape cases were reported. Out of these, only 32% lead to conviction. Rape cases against children or minors have also increased. 39,827 cases were reported under the Protection of Children from Sexual Offence (POCSO) Act. On an average 89 women of age group above 18 and 109 children gets sexually abused every day. What about all the unreported and unprosecuted cases? On December 12, 2012, a 23 years old physiotherapist girl was brutally gangraped and killed by five men and one juvenile in a moving bus in Delhi. This incident not only shook India but the whole world. The incident generated international coverage and was contained by the UN entity for gender equality and empowerment of women who called the Government of India and government of Delhi to do everything in the power to take a political reforms and shift justice and reach out with robust public services to make women’s life safer and secure. Later on BBC documentary titled ‘India’s daughter’ based on the attack was broadcast in the UK on 4th March 2015. After this incident many existing sexual offences laws in India were changed making them stringent to ensure the security of women against sexual offences.

LAWS AFTER NIRBHAYA

1. Justice Verma committee- on December 23, 2012 a three member committee headed by justice J.S. Verma of Supreme Court, was constituted to recommend amendment to criminal law related to sexual offences. The committee accepted the views of public, eminent jurists, legal professionals, NGOs, women groups and activists to suggest changes in law to strengthen it. The committee suggests faster trial for sexual crimes against women, and stricter penalty and punishment for convicts but the panel has not recommended death penalty for rape convicts. It recommended rigorous punishment for not less than 20 years for causing death or persistent vegetative state after rape. Punishment for gangrape and causing death would extend to life imprisonment.
2. Criminal Law Amendment Act,2013 – This act is an Indian legislation passed by the parliament in 2013 which provides for the amendment of Indian Penal Code, 1860, The Indian Evidence Act, 1872, and Code of CriPminal Procedure, 1973, on laws related to sexual offences. The act also recognised certain acts as offences such as acid attack, sexual harassment, voyeurism, stalking etc. the most significant change that’s been made is that this act expanded the definition of rape. It included penetration of penis or any other object into the urethra, labia majora, labia minora, anus and mouth as rape including non penetrative sex as well. The punishment for rape has increased to up to 20 years or life imprisonment depending upon the facts of the case.
3. Abolishment of two finger test has been done. This kind of tests only adds burden up the victims and this test never helps rather it only tells whether the victim was sexually active or not.
4. Fast track courts have been established for speeding up the trial process for rape victims so they get justice without much delay.
5. Juvenile justice amendment act 2015- With this act, the minors of age group 16-18 will be treated and prosecuted as an adult in case of heinous crimes like rape.
6. The criminal law amendment act 2018- It increases minimum punishment for rape for seven years to ten years. For rape of a girl below the age of twelve years, punishment is lifetime imprisonment or death. Rape of girls below the age of 16 years, will be punished with imprisonment of 20 years or lifetime.
7. The government took steps to secure public transportation for women by installing CCTV cameras in bus and GPS system.
8. Hospitals were ordered to give immediate treatment to victims without waiting for the arrival of the police.
9. A three-number helpline number 181 with phone was set up to save women from getting assaulted.
10. The POCSO Act, 2012 was bought in to save children from sexual violence.
11. Nirbhaya fund has been introduced to spend money on women security.
12. One stop centre SAKHI had been established to give shelter to women of sexual, domestic violence.
13. Mahila police volunteers force has been established throughout the country.

THE AFTERMATH

Even after introducing several safety measures and changing laws, the women are still not safe and sadly, rape crimes against women have increased and still increasing day by day. According to the data of NCRB, in 94 cases out of 100, the accused is an acquaintance or the relative of the victim. In such cases most of the time no action is taken. Marital rape is another issue and there are still no laws against this crime. There had been this need of introducing capital punishment for all the rape convicts but this thing has decisive opinions. Despite imposing stricter punishments, there is no change in happening of the sexual offences at all. We have witnessed so severe rape cases like Kathua rape case, Bhopal rape case, Shakti mill Rape case to very recent Priyanka Reddy rape case. Nirbhaya fund is also not spent precisely on things for which it is meant. You may read 3-4 rape news in newspaper every day. Fast track courts takes an average 8-9 months to dispose off a case. Most of the rape cases are dismissed declaring the rape as consensual rape. Is it the law, the government, the human behavior or the education system is to be blamed, that’s altogether an another issue. Moreover we are still awaiting to see justice getting delivered to Nirbhaya even after 7 years of wait