10 years to Nirbhaya Case: How far have we come?

On the night of December 16, 2012, a 23-year-old girl was returning home with her friend after watching a movie. They boarded a bus in South Delhi, wherein she was assaulted and gang raped. After the attack, both of them were thrown out of the bus and left to die by the roadside. They were found half-dead and were admitted to the hospital. The next morning, this tragic news made headlines across the country. This incident in the nation's capital ignited widespread outrage and protests across the country. There were protests, marches, candlelight vigils, and relentless media coverage asking all the hard questions and demanding justice for Nirbhaya. The Delhi Police nabbed all six accused in the Nirbhaya case within five days of the crime. She fought hard with the strength of prayers across the nation but succumbed to injuries on December 29. Her struggle and death became the symbol of resistance to rape. There was widespread anger not only toward rapists but also towards our society, our police, and our judicial system, which failed to give security to a daughter. Now, after 10 years, we need to check whether those nationwide protests have brought some changes or not.

Justice J.S. Verma committee-

Due to the mass anger and protest, Justice J.S. Verma committee was set up a week after the incident with the objectives of properly addressing all sexual crimes, ensuring speedier trials, and enhancing punishments. The committee said that rape and sexual assault are not merely crimes of passion but an expression of power. Rape should be retained as a separate offense, and it should not be limited to penetration of the orifice. Any non-consensual penetration of a sexual nature should be included in the definition of rape. A report of 644 pages was published by the committee within a month, and it formed the basis of the Criminal Law (Amendment) Act, 2013. Although not all recommendations were accepted, like the criminalization of marital rape which is an exception to Section 375, provided that the wife is not under 15 years of age.

Nirbhaya Act-

The Criminal Law (Amendment) Act, 2013, also known as the Nirbhaya Act, brought some massive reforms to rape cases. Like in the old definition of rape, the insertion of objects and forced oral sex weren't considered rape. This act expanded the definition to include oral sex as well as the insertion of objects into women's private parts. The punishment for rape was made stricter. The court's discretion to give lesser sentences than 7 years was also abolished. Punishment will be given according to the nature of the crime, which can extend to death sentences. In addition, separate punishments for repeat offenders, including death sentences, were implemented. This amendment also introduced an improved standard of consent, which now needs to be unequivocal and clearly communicated. Moreover, it provided new sexual assault offenses. Previously, we only had the archaic section 354 for outraging the modesty of women. But now under Section 354A-D, stalking, voyeurism, unwanted sexual advances, and touching are all specific offenses that help ensure that these dangerous behaviors can't be ignored or trivialized. This included special provisions for acid attacks as well. This also repeals regressive rules of evidence like the two-finger test and previous sexual history. On October 31, 2022, the Supreme Court stated that the two-finger test (also known as the 'virginity test' or 'per vaginum' test) "violates the right of rape survivors to privacy, physical and mental integrity, and dignity." Fast-track courts were also set up for speedy trials in rape cases, with day-to-day hearings and deadlines. Trials need to be completed within two months of the charge sheet.

Juvenile Justice (Care and Protection of Children) Act, 2015

The Juvenile Justice (Care and Protection of Children) Act, 2015, was passed by the parliament in 2015. This will allow minors in the age group of 16–18 to be tried as adults if they commit heinous crimes. The heinous crime will be examined by the Juvenile Justice Board to ascertain if the crime was committed as a 'minor' or an 'adult'.

"The juvenile is tried and convicted as an adult, but he is not sentenced as an adult."

"Even when a juvenile aged 16–18 is convicted as an adult for a heinous offense, the juvenile is not sentenced in a manner similar to an adult. For the same offense, an adult could be sentenced to death or life imprisonment, but a juvenile, even when tried and convicted as an adult, is not sentenced to life imprisonment or death. A punishment short of these two punishments is handed to them," Advocate Rishi Malhotra, who specializes in criminal law, told Outlook in a story.

Nirbhaya Fund

A dedicated fund was set up in 2013 that was named after Nirbhaya, with the focus on implementing initiatives that are aimed at improving the security and safety of women in India. The Nirbhaya fund was allocated Rs 6,213 crore from 2013 to 2022, of which Rs 4,212.91 crore was disbursed, and until July last year, a total of Rs 2,871.42 crore, or 46 percent of the allocated amount, had been used by various ministries, central departments, and states.

The 14th Finance Commission (FC) had recommended the setting up of a total of 1800 Fast Track courts (FTCs) during 2015-2020 for the trial of specific cases of a heinous nature, civil cases related to women, children, senior citizens, the disabled, persons infected with terminal ailments, etc., and property-related cases pending for more than 5 years. But as of September 2022, 732 Fast Track Special Courts (FTSCs), including 412 exclusive POCSO Courts, are functional in 36 states and UTs. This money could have been utilized to set up new FTCs.

Panic Button-

On December 5, 2015, a girl who had taken an Uber cab from Gurugram to Delhi was raped by the driver. After which, in 2018, the Ministry of Road Transport and Highways mandated vehicle location tracking (VLT) and emergency buttons or panic buttons in all public transport vehicles, except auto rickshaws and e-rickshaws, registered on or after January 1, 2019.

According to Indian Express, out of 50 taxis used in Delhi,

● Only seven taxis have a working panic button.

● In five of these seven cases, pressing the button did not result in follow-up action from the Delhi Police despite a wait of 20 minutes.

● 29 cabs didn't have any panic buttons.

So, this is the condition of these panic buttons in the nation's capital itself, which were installed to provide an additional layer of security to the passengers.

One Stop Centre (OSC)

The One Stop Centre (OSC) scheme has been implemented by the Ministry of Women and Child Development with effect from April 1, 2015, on the recommendation of the Usha Mehra Commission. The scheme is funded through the Nirbhaya Fund, and the central government provides 100% financial assistance to the state governments and administrations of the Union Territories. The main objective of the OSC Scheme is to support women who are affected by the violence faced within the family, at the workplace, or within the community, either in private or public places. A support and redressal mechanism for women are some of the facilities of this scheme for women who have faced sexual, physical, psychological, emotional, or economic abuse, irrespective of their caste, creed, race, class, education status, age, culture, or marital status. Specialized services would be provided to the aggrieved women facing any kind of violence due to attempted acid attacks, witch-hunting, domestic violence, trafficking, or sexual assault.

One-stop centres provide the following services:

● Emergency response and rescue services

● Medical assistance.

● Assistance to women in lodging the FIR

● Psychosocial support and counselling

● Legal aid and counselling

● Shelter

● Video conferencing facility.

According to the Women and Child Development Minister, the ministry has approved the establishment of 758 One Stop Centres (OSCs) in 734 districts across the country until December 7, 2022. Currently, 730 One Stop Centres are operational in 36 states and UTs, serving over 622,000 women as of September 2022. We need more One Stop Centres (OSCs) in districts with high populations or high crime rates.

Indeed, protest and anger have brought some changes, but we still need huge reform in our society. Recently, in Delhi, two boys on a bike threw acid on the face of a 17-year-old girl, and surprisingly, they purchased that acid from the e-commerce site Flipkart. So, today, attacking a girl is so easy that one can get acid delivered to your home. These are not just crimes, but also displays of power. Frequently, we hear the misogynistic statement on roads, to members of parliament who are sitting there to make laws, to courts who have the responsibility to punish the accused. The biggest problem is patriarchal thinking in our society. The mindset that one is superior to another being is deteriorating society; needs to be changed. This can change only with the judiciary working at a fine pace, the parliament making valid laws, and proper primary socialization, which is done through family and school.