First Nirbhaya gets Justice, rest waiting for Campaigns

It’s not possible for the public to protest on every case nor for media to highlight and follow up. The system should come forward to own up the responsibility of a fair and speedy trial in each and every case to stop more girls and women to join the league of Nirbhyas which nobody wants to.

 

HIGHLIGHT

• December 16, 2012: A paramedical girl was gang raped in a moving private bus in Delhi in front of her friend. The duo was thrown out of the bus. She later died in a hospital in Singapore. She was later named Nirbhaya in media and social campaigns. 
• January 3, 2013: Police filed charge sheet against five adults and a minor on charges of murder, gang rape, attempt to murder, kidnaping, unnatural offenses and robbery. 
• September 13: Delhi court awards death penalty to all four convicts.
• March 13, 2014: Delhi High Court upholds death penalty for the 4 convicts.
• May 5, 2017: SC upholds the death penalty to four convicts.
• January 6, 2020: Delhi court orders 4 convicts to be hanged on January 22 at 7 am in Tihar jail.

 

Finally, Nirbhaya got justice! The decision of to execute capital punishment of four culprits at 7 am on January 22 may have brought relief for her parents but it had left many questions. In these seven years, since the Indian society first stood for conviction of gang rapists, this will the first capital punishment involving inhuman torture committed on a gang rape victim. This is despite sustained follow up of the case on a routine basis.

In 2012, this campaign for justice to Nirbhaya was not confined to just a case but seen as a movement against such heinous crimes. There is no denying the fact that several legal, judicial, administrative and police reforms were introduced after recommendations of Justice (Retd.) Verma committee. Despite those reforms, several cases of brutal rapes and gang rapes in which the victims were subjected to same kind of inhuman torture including inserting rods and bottles and other objects into their private parts leading to their painful deaths, are still languishing in courts. Even toddlers and minor girls were not spared. They were subsequently named after Nirbhya with names of their cities and districts used as suffix. Even in Delhi we have seen several Nirbhaya, Chooti Nirbhaya, Gudiya etc.

What about those Nirbhayas who were not lucky enough to get so much limelight? What about those Nirbhayas whose sufferings were reported in media only once? Those cases are stuck in the courts for years and waiting for judgement. Of course, the death warrant for four convicts is a success for this movement but the concerns on other Nirbhayas still remains. The name – Nirbhaya – was a movement to ensure justice for all those girls and women who suffer or will suffer the gruesome crime. Here, the movement failed to achieve the target of speedy justice for rape and gang rape victims. As media walked away from those cases, their traila is moving at a snail's pace.

According to a recent report, only 18 states and union territories have implemented the provision of fast track courts (FTC) mandated in POSCO Act 2012 for speedy trial of all kinds of sexual offenses against women. Even after seven years, India has only 664 FTCs while 1024 FTCs are still in files. Besides, except the cases on which people are agitated and put pressure on the system, the speed of FTCs have been discouraging.

Nirbhaya to Chhoti Nirbhaya

Even in the national capital city of Delhi, the case of Chhoti Nirbhaya, a 5-year-old girl raped in East Delhi, is still pending in the lower court. Delhi police which had filed charge sheet within 19 days in Nirbhaya case could not submit its charge sheet even in 90 days in Chhoti Nirbhaya rape case. This was despite the fact that the case of Chhoti Nirbhaya had also witnessed public anger, protests, and people were baton charged by police. The difference – the case of Chhoti Nirbhaya was not followed in media on a routine basis. As media switched to a new story, the case stuck in files and in a long process of – dates after dates.

This is not a standalone case. After Nirbhaya of Delhi, the incidents involving horrible torture of rape victims were named after Nirbhaya with the name of city or region. Nirbhaya of Hyderabad and Nirbhaya of Unnao in 2019 were the latest additions in the list.  

Law or Protest and Limelight: A Big Question on System 

The biggest tragedy of Nirbhaya movemenet is - even after seven years struggle of ‘by the people for the people’, every gruesome rape/gang rape and murder case needs public protest and media focus to ensure a speedy trial. In this series, the gruesome gang rape and murder of a medical girls in Hyderabad was a chilling reminder. 

This is the biggest failure of the executive and judiciary of our times. And also, one of the biggest motivations for criminals to commit inhuman torture on rape and gang rape victims. There is a need to develop a mechanism of compulsory registration of FIRs, time bound investigation, fast trial of such cases. Besides, decisions of the lower court, the high court and the Supreme Court should also come in an estimated time frame.  The tendency of fast trail under media pressure need to be relinquished.

It’s not possible for the public to protest on every case nor for media to highlight and follow up. The system should come forward to own up the responsibility of a fair and speedy trial in each and every case to stop more girls and women to join the league of Nirbhyas which nobody wants to. 

(Disclaimer: The opinions expressed are the personal views of the author. The facts and opinions appearing in the article do not reflect the views of Devdiscourse and Devdiscourse does not claim any responsibility for the same.)