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NIRBHAYA: INDIA’S DAUGHTER



Author: Muskan Banga

Designation: Student

Email: muskan.banga.012@gmail.com



On just another chilly night in Delhi, the infamous gang-rape incident took place on December 16, 2012, at 9:00 p.m. The country was plunged into darkness when the twenty-three-year-old daughter of India was brutally raped in a private bus by six men and a metal rod that was pulling her intestines from the inside soul. The youngest of them was seventeen. The victim and her friend were returning from theatre and walked on an off-duty charter bus at Munirka Bus Stand in which there were already six other men including the bus driver. The victim was unknown of the fact that vultures roamed the streets, that they were hungry for her, craving for the blood of a “modern woman”.

The bus had yellow and green stripes on it and the word YADAV was written on it. It started when the men had shut the doors of the bus and the bus started moving in the opposite direction. A fight broke out as the drunken men started molesting the victim as he saw the friend of the victim had suspected that something was wrong. The friend was knocked down with an iron rod by the men when he started raising his voice and obligation. The culprit dragged the girl to the back of the bus and ripped her clothes. They repeatedly gang-raped her over an hour and the chapter was closed as her bones were shivered from inside. She got some faith and fought back for herself but a juvenile inserted an iron rod inside her vagina which was ripping and tearing her intestine out. All the six men threw both of them outside the bus to die at the roadside. The Delhiites found them half dead and informed the Delhi police. Ten days later she died due to failure of multiple organs, internal bleeding and cardiac arrest on the 29th of December.


What happened to the attackers?

The victim said in her dying declaration that she wants justice against all the six attackers namely- Ram Singh, Mukesh Singh, Pawan Gupta, Vinay Sharma, Akshay Thakur and juvenile X.

All six were convicted by the court and one of the culprits the bus driver named Ram Singh had committed suicide in the Tihar jail during trial on the 11th of March, 2013. On September 2013 the trial court passed the judgment and awarded capital punishment to Mukesh, Akshay, Vinay and Pawan and the juvenile X (minor) was tried separately in a juvenile court where three years of imprisonment was sentenced to him.

The Nirbhaya gang-rape case is terming now as the rarest of rare where the Supreme Court administered justice to the daughter of our country and her family by announcing and confirming the capital punishment to the four convicts. This case was so brutal in the history rape where the girl was treated as a toy of their enjoyment or a ride of swing. They exploited her sexuality to the worst level.


Amendments

  • A change was introduced after the Nirbhaya case that the age the accused in the case of juvenile for being tried as an adult for the violent crime like Rape was changed from 18 years to 16 years in the Juvenile Justice Act, 2015. This case rectified one of the flaws of this system.

  • Section 166A was inserted in the India Penal Code, 1860 which covers the offence of Disobedience of law by a public servant. There was another insertion of Section 326A and B in which the issue of Acid Attack was amended.

  • Section 354 A, 354B, 354C, 354D was inserted in the Indian Penal Code, 1860 which deals in sexual harassment and punishment for the same, the offence of compelling a woman to remove her clothes, the offence of Voyeurism, the offence of staking respectively.

  • The Nirbhaya case resulted in a widening of the definition of Rape.

  • There was an amendment for the offence of rape by personnel of armed force which has been covered in Section 376 (2) (c).

  • There is an insertion of Section 376 A and D which deals with the Rape resulting in death or vegetative state and the crime of gang rape respectively.

  • There is an increment in the security of women by increasing female officer to Delhi’s police force so that women can feel free to share anything.


Conclusion

Those horrible few minutes haunted the whole nation. Where does humanity lay? That day the daughter of our country cried in pain and begged for her life but they were far worse than animals and too shadowed for mercy. She pleaded for her rescue or heaven but all went unheard. She was the most courageous lady, we all groan for her loss. She was punished because she was enjoying her freedom and her life. Although the government of our country has taken measures to improve the situation, still it has not helped the women in any way.


She was brave; she lives amongst us as NIRBHAYA,

THE DAUGHTER OF INDIA,

THE ONE WITHOUT FEAR.






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#Amendments