'Nirbhaya' Delhi gangrape case: A judicial perspective

Today, December 16, 2017, marks the fifth anniversary of the “Nirbhaya” Delhi gangrape case.

Among the six accused, Ram Singh - the driver of the bus, allegedly committed suicide on 11 March 2013 in Tihar jail. The others were tried in a fast track court. All five accused were convicted of rape and murder.

The juvenile, however, was given a maximum sentence of three years of imprisonment in reform facility while the remaining four were sentenced to death by hanging.

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The medical reports had shown that a blunt object (subjected to be iron rod) was used for attacking the private part of the victim. According to the police, the rod was rusted, L-shaped of the type used as a wheel jack handle.

Reports said that one of the accused men admitted to having seen a rope-like object being pulled out of the woman’s body by one of his companions. It was widely believed the juvenile was behind the heinous act.

A juvenile is now a free man, roaming the streets having served out his time at the reform facility.

The brutal gangrape of the 23-year-old physiotherapy intern in 2012 had led to huge protests in the national capital and had shaken the nation.

As a result, a judicial committee was set up to study and take public suggestions for the best ways to amend laws and provide quicker investigation and prosecution of sex offenders.

In 2013, the Criminal Law (Amendment) Ordinance was passed by the then President Pranab Mukherjee. Fast-track courts were introduced to hear rape cases.

Justice Verma Committee submitted a report on January 23, 2013 to the government.

The report recommended amendments to the Criminal Law to provide speedy trial and punishment for criminals in sexual assault cases.

It made recommendations on laws relating to rape, sexual harassment, trafficking, child sexual abuse, medical examination of victims, police, electoral and educational reforms.

Key recommendations by the committee:

· The report stressed that rape should not be limited to penetration of the vagina, mouth or anus and added that any non-consensual penetration of a sexual nature should be included in the definition of rape.

· Stating that the relation between the victim and the accused should not be seen, the committee recommended that the exception to marital rape should be removed.

· It also recommended that use of words, acts or gestures that create an unwelcome threat of a sexual nature should be termed as “sexual assault” and be punishable with 1 year of imprisonment or fine or both.

· It suggested a punishment of imprisonment for 10 years or life to criminalise trafficking by threat, force or inducement. It also recommended criminalising employment of a trafficked person.

· It said that death penalty should not be awarded for the offense of rape, instead recommended life imprisonment for rape. It based its argument saying there was considerable evidence that death penalty was not a deterrence to serious crimes.

· It recommended the discontinuation of the two-finger test which is conducted to determine the laxity of the vaginal muscles.

· It recognised voyeurism, molestation to be punished with imprisonment up to seven years while stalking or unwanted attempts to contact a person repeatedly up to three years.

The recommendations were based after a rigorous investigation.

While investigating, the committee realised that a major loophole existed at the level of registering an FIR. It, therefore, recommended reforms in police and FIR structure.

The Commission said that rape crises cells should be set up at every police station to enable legal assistance to the survivor.

It ordered almost all big cities to install CCTV cameras in police stations.

In addition, it recommended women cops to be posted at police stations to handle sexual offenses and police personnel to be trained specifically to deal with gender crimes.

Women safety in India is a big concern and on the fifth anniversary of the Delhi gang rape, we look at what's changed and what hasn't. Watch this video for more information (WION)