Nirbhaya Movement

ECL-I Project

BBA LLB

Semester 1

Submitted by

Ansh (22llb005)

Submitted to

Dr. Chetna Karnani

The Northcap University

October 2022

ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to our teacher Dr. Chetna Karnani who

gave me this golden opportunity to prepare a research paper on Nirbhaya Movement I am

very thankful to her for helping and guiding me throughout. I did a lot of research work for

the project and came to know about a number of informational things. I am thankful for her

guidance and support. The Completion of this project could not have been possible without

her assistance. It was quite useful in terms of expanding my knowledge and abilities.

Introduction
About 12% of all crimes against women in our nation involve rape. In India, there

are Approximately 6.3 reported rape cases for every 100,000 people. These stats make it

horrible for a woman to live in such an environment where she can’t even breathe by

her choice.

What is Rape?

The word rape springs from the Latin term “rapio”, which means ‘to seize’. “Rape” is defined

in Section 375 of the Indian Penal Code, 1860. Rape is an unlawful sexual intercourse or any

other sexual penetration of the vagina, anus, or mouth of another person, with or without

force, by a sex organ, other body part, or foreign object, without the consent of the person

subjected to such penetration .

Rape victims may be forced through threats or physical means. In about 8 out of 10 rapes, no

weapon is used other than physical force. Anyone may be a victim of rape: women, men or

children, and any sexual orientation.

The number of reported instances in India has increased dramatically in recent years, owing

mostly to the outrage generated by the Nirbhaya case.

Let us look at what shook the country and how it aided in the development of progressive

laws for women, as well as the critical role performed by our judiciary in administering

justice to 'Nirbhaya.'

Facts of the Case

1. Nirbhaya is the alias of the rape victim in the infamous Delhi gang rape on

December 16, 2012. Jyoti Singh, 23, and her male friend were coming home on

the night of December 16, 2012, after seeing the film Life of Pi in Saket, South

Delhi.

2. At around 9:30 p.m., they boarded the bus in Munirka bound for Dwarka (IST).

The bus had only six passengers, including the driver. Minor, one of the men, had

summoned passengers and informed them that the bus was on its way to their

destination.
3. When the bus diverged from its usual route and the doors were locked, her friend

became suspicious. When he objected, the other six guys on board, including the

driver, mocked the pair, wondering what they were doing alone at such a late

hour.

4. When the friend attempted to protect Nirbhaya, he was beaten up by the criminals.

A fight broke out between her companion and the group of men during the

dispute. With an iron rod, he was beaten, gagged, and knocked unconscious. The

men then pulled Jyoti to the back of the bus, raping her and hitting her with the

rod while the bus driver continued to drive.

5. NIrbhaya's body was mutilated beyond human comprehension, not just sexually.

According to a later medical assessment, she received major injuries to her belly,

intestines, and genitals as a result of the assault, and the damage suggested that a

blunt object (suspected to be the iron rod) was used for penetration. Police later

described the rod as a rusty, L-shaped device similar to a wheel jack handle. On

December 29th, she died of multiple organ failure, internal haemorrhage,

and cardiac arrest.

Judgment

1. A three-judge bench agreed that the act done by the accused did not deserve any
sympathy.
2. In a clear statement, the court can treat this case as one of the rarest of rare

circumstances where the death penalty can be imposed because the crime had

horrified the public as a whole According to the Supreme Court, evidence

confirming the accused's presence in the bus and their involvement in the crime

included their DNA identification, fingerprints, witness statements, and

odontology.

3. The bench described the way she was treated as casual and the way they played

with her body, identity, and dignity as "humanly unimaginable."

4. . The Supreme Court delivered justice to the victim's family and all women in the

country by upholding the death penalty for the four victims in the Nirbhaya

gang rape and murder case, describing it as the rarest of rare, most horrific and

barbaric attack on Jyoti Singh, a 23-year-old

paramedic student. The criminals viewed the victim as a sexual object and

exploited her sexually to the extreme.

5. A three-judge bench unanimously affirmed the Delhi High Court's order, which

agreed with the lower court's decision in the matter. Mukesh, Pawan, Vinay

Sharma, and Akshay Kumar Singh were hanged to death for their brutality

against a countrywoman. The bench sentenced them to death since their offence

matched the rarest-of-rare criteria. The fifth accused was not tried after the

incident and was transferred to a correctional facility for three years because he
was a kid at the time.

Background

1. Provoked unprecedented protests in India.

2. Harassment and violence against women and girls in india came into

international spotlight.

3. Protest against the prevalence of violent acts perpetrated against women.

4. Seven metro rail stations in new Delhi were closed on 22 December to

discourage protestors from gathering at raisin hill.

5. The protest against rape has become a mass movement.

Social Impact

1. There was no leader for this movement .

2. There was a no common ideology shared by all the protestors.

3. Brought to light the extent of gender inequality and violence against

women throughout the country.

4. Brought a chance to public conversations about women’s issues.

5. The protests brought deabtes and discusssions to our homes.

1. Fast track courts have been set up for resolving cases of sexual violence .

2. Reforms in management of cases related to crime against women.

3. A rape crisis cell has been set up. The cell should be immediately notified

when an fir in related to sexual assault is made.

4. A complaint is now able to file FIRs online.

5. Members of the public who help the victims should not be treated as wrong

doers.

6. Policemen are being trained to deal with sexual offences appropriately.

Delhi Crime

I relate this case with the Netflix series known as “DELHI CRIME”. Delhi Crime

is an Indian crime drama television series. Delhi Crime (2019) is a cop-centric

series that revolves entirely around the case of Nirbhaya , while reflecting the
social issue in Delhi and depicting the police force. It explained the situation of

Nirbhaya case over the nation, the pain of the victim and the insanity of those

guilty rapists who destroyed her life as well as her body and soul. This case took

something from inside from every citizen of this nation. The way it affected the

citizens, police and especially the family of the victim is beyond explanation. I am

a brother, a son and a friend and I cannot even imagine the mental issues of those

offenders and I ask myself that the world education system is based on making

us good doctor and engineer but is it making us good human being ? Is it teaching

those offenders to never commit something this insane and make them look at

their own sisters and mother first to help it to prevent these brutal cases?

Conclusion

In order to reduce violence against women we need to address the culture of

gender inequality and discrimination that is widespread in india. We need to

communities to develop a gender sensitive society that is underpinned by respect

and equality 2012 Global Gender Gap Report:- India rank 105 out of 135

countries. Death sentence kills the criminal but never the crime. Capital

punishment not gives the chance to criminal to realize their mistake.

To solve these type of issues-

Women must be educated

Youth must understand the dignity and value of women. Society mindset need to
be change.