Nirbhaya Movement.docx

NIRBHAYA MOVEMENT

Submitted as per the requirement of the course curriculum of “Sociology” in School of Law

Submitted by: Ishaan Vats L18BALB020 BALB01

Submitted to: Dr. Debabrata Baral

Acknowledgement The present research work is a result of great efforts put by the researcher. However, it would not have been possible without the kind support and help of many individuals. The researcher would like to extend his/her sincere thanks to all of them.

I am highly indebted to Dr. Debabrata Baral for his constant supervision and help in understanding the complex subject of Sociology and providing necessary information regarding the research paper and for support in completing the research work.

With profound gratitude

Ishaan Vats L18BALB020 BALB01

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TABLE OF CONTENTS INTRODUCTION: .................................................................................................................. 4 OVERVIEW:............................................................................................................................ 5 REASONS FOR BEING A SOCIAL-MOVEMENT: .......................................................... 7 SOCIO-LEGAL ANALYSIS OF THE MOVEMENT: ....................................................... 9 Sociological Analysis:........................................................................................................... 9 Legal Analysis: ..................................................................................................................... 9 REFERENCES ....................................................................................................................... 11

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NIRBHAYA MOVEMENT INTRODUCTION: “Nirbhaya” is the pseudonym used by the media houses for the rape victim of the Delhi gang rape incident. The 23-year-old rape victim was a para-medical student. The incident happened on December 16, 2012, after she and her 28-year-old male friend boarded a private bus. As the bus was passing Mahipalpur, five to six people in the bus began sexually abusing and later sexually assaulting the woman.

The Nirbhaya gang rape was definitely the spark that ignited the fire for women’s rights and women’s safety. But sadly, the fire was short lived. The public outrage died in a few months, and with it, women’s issues took their usual place in the daily agenda. But in the light of Delhi Gang Rape 2012, several laws including rape laws, sexual assault, acid attack etc. and acts were amended in India. In early 2016, a Dalit girl was brutally gangraped in the Ernakulam district of Kerala. The rape was as brutal as the Nirbhaya gang rape case. But the social outrage about the incident was disproportionate to that of the Nirbhaya case, and as some argue, disproportionate to the crime. This raises the question, whether the fact that Nirbhaya was a Delhi based upper caste girl as opposed to a poor law student from Ernakulam, Kerala, had some role to play in the difference in the social reaction. It could probably just be luck and insufficient media presence in that district, but the contrast is uncanny. The idea that a difference in location can make so much difference in media coverage for such issues is disturbing. This raises the question whether there are other unreported incidents. This incident generated widespread national and international coverage and was widely condemned, throughout the world. The incident awakened the nation and demands for a safer country for women were raised by youths, dignitaries, politicians, various organisations etc.

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OVERVIEW: The 23-year-old rape victim was a para-medical student. The incident happened on December 16, 2012, after she and her 28-year-old male friend boarded a private bus. As the bus was passing Mahipalpur, five to six people in the bus began sexually abusing the woman. On objection by her male friend he was beaten up badly, following which the woman was gang-raped. The driver and the conductor of the bus too were allegedly involved in the crime. Later, the woman and her friend were thrown off the vehicle. After police was alerted, a police van rushed them to hospital. The woman battled for her life in the Safdarjung Hospital and was on ventilator support. Her male friend was discharged on Monday. The woman, from Ballia in UP, was physiotherapy intern at a city hospital in New Delhi. Police traced the bus in Noida. Late on Monday, police claimed to have arrested the bus driver in connection with the incident. (Express, 2017). After 10 to 15 days, the rape victim succumbed to her injuries in a Singapore hospital.

The incident generated widespread national and international coverage and was widely condemned, throughout the world. Subsequently, public protests against the central and state governments for failing to provide adequate security for women took place in New Delhi, and other major cities throughout the country. Here’s a brief timeline of what happened that awakened the nation: Dec. 16, 2012: A 23-year-old female para-medical student and her male companion are assaulted aboard a bus in New Delhi. The woman is gang raped as the bus moves through Delhi streets, passing several police checkpoints. She and her friend are thrown out from the bus, naked, and eventually taken to the hospital. Dec. 17, 2012: Delhi police identifies and arrests four of the accused attackers, while the victim’s condition is critical. Protests begin in New Delhi, and major cities continuing for weeks, turning violent at times. In subsequent days, police arrest two more suspects. Dec. 26, 2012: The victim is flown to Singapore after her condition deteriorates suddenly. She suffers cardiac arrest in the mid-air. She dies three days later, succumbing to massive internal injuries. Jan. 02, 2013: Chief Justice of India Altamas Kabir inaugurates fast-track courts to deal with rape cases. Jan. 03, 2013: Police files charge sheet against five of the accused: driver Ram Singh, his brother Mukesh, Pawan Gupta, Vinay Sharma and Akshay Thakur. The charges 5

include gang-rape, murder, kidnapping, unnatural offenses, destruction of evidence, common intention and criminal conspiracy. The sixth suspect is exempted from the charges after he is found to be a minor who was 17 years of age at the time of the crime. Feb. 05, 2013: The trial for the five adults officially begins. Feb. 28, 2013: The Juvenile Justice Board opens an inquiry against the sixth defendant, who was 17 at the time of the crime. The accused pleads not guilty to a host of charges that include rape and murder. March 11, 2013: One of the accused in the case, Ram Singh, found hanging in the jail cell. Suicide and foul play are both alleged. April 02, 2013: A stricter sex-crime act, Criminal Law (Amendment) Act 2013 or Nirbhaya Act comes into effect. Among other measures, it increases punishment for rape to life imprisonment or the death penalty, in the case of the death of a victim or permanent vegetative state. Now the minimum sentence for gang rape is 20 years. July 05, 2013: The Juvenile Justice Board concludes the inquiry against the juvenile, whom police allege was the most brutal of the accused. Aug. 31, 2013: The juvenile defendant in the case is found guilty of rape and murder and given the maximum sentence, three years under Juvenile Justice Act 2000. The sentence provokes widespread outrage in the country. Sept. 03, 2013: The Bench closes the trial of the four remaining adult defendants, rejecting any more petitions that he says have delayed the fast-track court. Over the course of 7 to 9 months, more than 75 witnesses took the stand. Sept. 10, 2013: The four adult defendants are convicted of gang-rape, murder, kidnapping, unnatural offenses, destruction of evidence, criminal conspiracy and common intention. Sept. 13, 2013: The four are sentenced to be hanged till death (Radio, 2013) March 13, 2014: Delhi High Court upheld the judgement of the lower court. May 05, 2017: The apex court upheld the judgement of Delhi High Court and the trial court and called the act as “barbaric”.

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REASONS FOR BEING A SOCIAL-MOVEMENT: Social Movement originated in the west after 1750. It emerged from an innovative, consequential synthesis of three elements i.e. Campaign, Social Movement Repertoire and WUNC (Worthiness, Unity, Numbers and Commitment). (Tilly, 2004) In the present movement, 1. Campaign: Campaign is a sustained, organised public effort making collective claims on target authorities. It links three parties namely: a group of self-designated claimants; claims, and public of some kind. i.

Claimants: Here the claimants are family members and relatives of the victim. Families of several victims, victims themselves who were sexually assaulted before this incident are also the claimants in Nirbhaya Movement.

ii.

Claims: The claimants and the society demanded for more stricter rape laws, increase in security of women, justice to Nirbhaya by giving death penalty to all the six offenders. The claims targeted various government bodies who failed to perform their duties properly like Police, Administration etc.

iii.

Public of some kind: Youths, dignitaries, ministers including Indian and foreign, non-government organisations working towards rights and security of women are involved in the movement. (Express, 2017)

2. Social Movement Repertoire: A social movement is a integration of most or all of following activities turning it into a sustained campaign: i.

Creation of special-purpose associations and coalitions.

ii.

Public Meetings: Meetings were held at Jantar Mantar, Raisina Hill, Administrative Offices in New Delhi. Meetings were also held at several other places in different parts of the country.

iii.

Solemn Processions: Candlelight marches, hunger strikes were held around the world after the incident and even after the death of the victim.

iv.

Vigils: Group of protesters observed hunger strikes after the incident and death of the victim at Jantar Mantar in New Delhi.

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v.

Rallies: In various countries, people participated in march and rallies demanding stricter laws for crimes against women and making the country safer for women.

vi.

Demonstrations: More than 600 women belonging to various organisations demonstrated in Delhi and other big cities of the country. Yoga guru Baba Ramdev and MP V.K. Singh were among some of the demonstrators who clashed with Delhi Police at Jantar Mantar in New Delhi.

vii.

Petition Drives: Tens of thousands signed online petitions protesting the incident and demanding justice. Petitions for demanding security for women were also filed around the world.

viii.

Statement to and in media: Various media houses in and around the world criticised Government of India and other governmental bodies for failing to provide security to women.

ix.

Pamphleteering: Protesters drew graffiti and slogans on papers spread on the road, condemning the incident, asking people to collect for candlelight marches and demanding stricter laws and speedy judgement.

3. WUNC: i.

Worthiness: Dignitaries like United Nations Secretary General Ban Ki-Moon, ministers including Indian and foreign, , non-government organisations working towards rights and security of women are involved in the movement.

ii.

Unity: Many of the mourners carried candles and wore black dress; some pasted black cloth across their mouths to condemn the death of the victim.

iii.

Numbers: Thousands of people protested in New Delhi and other metropolitan cities. People in other countries also protested and demanded a safer country for women. (India, 2012)

iv.

Commitment: Even after the temperature varying between 10℃ and 14℃, dense fog and strong winds in the month of December and January thousands of people participated against repression in various parts of the country.

As all the three necessary parties of the campaign are satisfied, most of the activities of the social movement repertoire are fulfilled and Nirbhaya Movement displaying worthiness, unity, numbers and commitment (WUNC) proves to be a social movement.

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SOCIO-LEGAL ANALYSIS OF THE MOVEMENT: Sociological Analysis: The Delhi gang rape and society´s reaction to it revealed dark sides of class and caste in addition to institutionalized sexism and deeply rooted sexist beliefs across the nation. The growing independence, both financially and socially, of young women in India, has yet to be digested by many young men, who continue to believe that women should ´know their place´1. But many of the protestors in Delhi were middle-class students and professionals who clearly identified with Nirbhaya´s aspirational middle class identity and values.

Dalit women in India have long been the targets of systemic rape by upper caste men, notably in rural areas, where traditionally some upper-caste men have thought-about sexual access to women their ´birth right´. Due to poverty, Dalit women have no choice but to work outside their homes for economic survival, of their family, than their upper caste rural counterparts, making them more vulnerable to sexual abuse. Understanding social and legal impacts of Nirbhaya movement, India boundaries between ´pure´ and ´chaste´ upper caste women on the one hand and ´sexually available´ Dalit women on the other. Caste hierarchies thus depend both on the racialization of Dalit communities and the extreme sexualization of Dalit women. A Dalit woman or girl who is gang raped in a village in one of India´s backward or underdeveloped state might receive more media attention, but her life is far off from the fast-paced, globalized or western lifestyles in India´s metropolitan and other large cities. (Narang, 2014)

Legal Analysis: Demonstrators were lathi charged, shot with water cannon and tear gas shells, and arrested. (India, 2012). This violates Article 19(1)(a) and Article 19(1)(b) of the Indian Constitution i.e. Protection of certain rights regarding freedom of speech etc.. Article 19(1)(a) states that all citizens shall have the right to freedom of speech and expression. Article 19(1)(b) states that all citizens shall have the right to assemble peaceably and without arms. The arrest violated Article 21 of the Indian Constitution that states Right to life and Liberty.(Constitution of India, 1950) Further there were major lapses by Administration and Delhi Police due to which the movement started. Public demanded several changes in the laws like more stricter rape laws

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Orthodox stereotype is a common problem in India and one of the major factors for rise of feminism.

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and for other crimes against women like voyeurism, acid attack etc., and to make country safer for women by increasing security for women.

In light of Delhi Gang Rape 2012, several laws and acts were amended in India. Juvenile Justice Act 2000 was amended in 2015 which came to be known as Juvenile Justice Act 2015. According to amended Juvenile Justice Act, any minor between the age of 16 years and 18 years committed any heinous crime like murder, rape etc. can be tried as adults. (Juvenile Justice Act, 2015) Criminal Law (Amendment) Ordinance was promulgated by then President of India Pranab Mukherjee. According to this new ordinance whoever inflicts an injury causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life. The act also incorporated several new offences such as voyeurism, acid attack, sexual harassment and stalking. (Criminal Law (Amendment) Ordinance 2013, 2013)

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REFERENCES Constitution: 1. Constitution of India, 1950

Acts: 1. Juvenile Justice Act. (2000, December 30). Retrieved from Ministry of Women and Child Development: http://wcd.nic.in/juvenile-justice-care-and-protection-childrenact-2000-56-2000 2. Juvenile Justice Act. (2015, December 31). Retrieved from Press Information Bureau: http://pib.nic.in/newsite/PrintRelease.aspx?relid=134513

3. Criminal Law (Amendment) Ordinance 2013. (2013, April 03). Retrieved from PRS Legislative Research: http://www.prsindia.org/uploads/media/Criminal%20Law,%202013/Criminal%20La w%20(A),%202013.pdf

Articles: 1. Narang, M. (2014). UNDERSTANDING SOCIAL AND LEGAL IMPACTS OF NIRBHAYA MOVEMENT, INDIA. International Journal of Development Research, 1212-1219.

Media: 1. Express, I. (2017, May 05). Nirbhaya gang rape: Here is the complete timeline. Retrieved from Indian Express: http://www.newindianexpress.com/nation/2017/may/05/nirbhaya-gang-rape-here-isthe-complete-timeline-1601433--1.html 2. Radio, N. P. (2013, Sepetember 10). Timeline: The New Delhi Gang Rape Case. Retrieved from National Public Radio, Inc: https://www.npr.org/sections/thetwoway/2013/09/10/218644625/timeline-the-new-delhi-gang-rape-case 3. Press Trust of India (2012, December 29). Delhi Gang Rape: Protests go viral nationwide, unstoppable public outpouring as gang rape victim dies. Retrieved from Economic Times: http://articles.economictimes.indiatimes.com/2012-1229/news/36051046_1_jantar-mantar-marches-silent-protest

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