THE HORRIBLE RAPE OF A 23-YEAR-OLD
WOMAN
The
world on December 17, 2012 woke up to the news of a female physiotherapy
intern’s gang rape on the streets of Delhi in a small private moving bus. India
which till that day was looked as the land of spirituality but was now seen
as a country unsafe for the women and not as a country where women were
worshipped as a goddess. The victim was given the name Nirbhaya (Fearless) and
since then she has been kept alive in spirit either through legislation or
projects after her name. The incident was widely condemned, both in India and
abroad.
On
the night of December 16, the 23-year-old victim was beaten, gang raped and
tortured in the private bus in which she was travelling with her friend. The
incident took place in Munirka, South Delhi. The victim had accepted the ride
with her friend after it started getting dark and there were few conveyance
options available to them.
The
perpetrators after committing their heinous crime threw the young couple on road naked in the winter night with an
intention of running the bus over her but she was pulled aside by her male
friend.
An
iron rod had been thrust into her vagina and shoved further into her abdomen. As
per medical reports, the woman suffered grave injuries to her abdomen,
intestines and genitals and there were numerous bite marks all over her body.
Eleven days after the assault, she was transferred to a
hospital in Singapore for emergency
treatment but died from her injuries on December 29, 2012.
The
heart-wrenching incident ignited anger and protests from all over the world
with everyone questioning the security of women in India. The incident had generated
widespread national and international coverage and was widely condemned, both
in India and abroad. Subsequently, public protests against the state and central governments
for failing to provide adequate security for women took place in New
Delhi, where thousands of protesters clashed with security forces. Similar protests
took place in major cities throughout the country.
Since Indian law does not allow the press to publish a rape
victim's name, the victim has become widely known as Nirbhaya, meaning
"fearless", and her life and death have come to symbolize women's
struggle to end the rape culture in India and the long-held practice of either
denial of its existence within the country, or
otherwise blaming the victim rather than the perpetrator.
It
was also the time when the use of tinted glass beyond permissible limits
(windscreen and rear windows of vehicles should have a visual light
transmission of 70 per cent) on any means of transport had been banned by the
Supreme Court so that criminals inside the vehicles can be seen. The fact that
the private bus, in which the gang rape took place, also had tinted windows
raised questions over keeping a close watch on laws being broken.
As a result of the protests, in December 2012, a judicial
committee was set up to study and take public suggestions for the best ways to
amend laws to provide quicker investigation and prosecution of sex offenders.
After considering about 80,000 suggestions, the committee submitted a report
which indicated that failures on the part of the government and police were the
root cause behind crimes against women. In 2013, the Criminal
Law (Amendment) Ordinance, 2013 was promulgated by the then President Pranab Mukherjee, several new laws
were passed, and six new fast-track courts were created to hear rape cases.
Critics argue that the legal system remains slow to hear and prosecute rape
cases, but most agree that the case has resulted in a tremendous increase in
the public discussion of crimes against women and statistics show that there
has been an improvement in the number of women willing to file a crime report.
However, in December 2014, the second anniversary of the attack, the girl's
father called the promises of reform unmet and said that he felt regret in that
he had not been able to bring justice for his daughter and other women like her.
Speaking to a British press reporter on 5
January, the victim's father was quoted as saying, "We want the world to
know her real name. My daughter didn't do anything wrong, she died while
protecting herself. I am proud of her. Revealing her name will give courage to
other women who have survived these attacks.
The victims, 23-year-old woman, Jyoti Singh Pandey, (her
real name) and her friend, Awindra Pratap Pandey, were returning home on the
night of 16 December 2012 after watching the film Life of Pi in Saket, South Delhi.
They boarded an off-duty charter bus at Munirka for Dwarka that was being driven by joyriders at about 9:30 pm. There were
only six others on the bus, including the driver. One of them a minor, had
called for passengers telling them that the bus was going towards their
destination. Pandey became suspicious when the bus deviated from its
normal route and its doors were shut. When he objected, the group of six men
already on board, including the driver, taunted the couple, asking what they
were doing alone at such a late hour.
During the argument, a scuffle ensued between Pandey and the
group of men. He was beaten, gagged and knocked unconscious with an iron rod.
The men then dragged Jyoti to the rear of the bus, beating her with the rod and
raping her while the bus driver continued to drive. Medical reports later said
that she suffered serious injuries to her abdomen, intestines and genitals due
to the assault, and doctors said that the damage indicated that a blunt object
(suspected to be the iron rod) may have been used for penetration. That
rod was later described by police as being a rusted, L-shaped implement of the
type used as a wheel jack handle. The rape and torture of the young woman all
happened in just over a few hour’s time.
According to police reports Jyoti attempted to fight off her
assailants, biting three of the attackers and leaving bite marks on the accused
men.
The partially clothed victims were found on the road by a passerby
at around 11 pm. The passerby called the Delhi Police, who took the couple to the Safdarjung Hospital, where Jyoti was
given emergency treatment and placed on mechanical ventilation. She was found
with injury marks, including numerous bite marks, all over her body. According
to reports, one of the accused men admitted to having seen a rope-like object,
assumed to be her intestines, being pulled out of the woman by the other
assailants on the bus. Two blood-stained metal rods were retrieved from the bus
and medical staff confirmed that "it was penetration by the rods that
caused massive damage to her genitals, uterus and intestines.
On the 19th of December 2012, Jyoti underwent her
fifth surgery, removing most of her remaining intestine. Doctors reported that
she was in a "stable but critical" condition.[ On 21 December, the government
appointed a committee of physicians to ensure she received the best medical
care. By 25 December, she
remained incubated, on life support and in critical condition. Doctors stated
that she was running a fever of 102 to 103 °F (39 °C) and that
internal bleeding due to sepsis, a severe blood infection that can lead to
organ failure, was somewhat controlled. It was reported that she was
"stable, conscious and meaningfully communicative."
At a cabinet meeting chaired by Manmohan Singh on 26
December, the decision was made to fly her to Mount
Elizabeth Hospital in Singapore for further care. Mount Elizabeth is a
multi-organ transplant specialty hospital.
The Sunday Guardian stated that the
decision to move her was taken "when it was already clear that she would
not survive the next 48 hours"
Unfortunately, the blood poisoning in her body was so
serious, she later died at 4:45 am on
December 29 despite the efforts of the doctors to save her.
Jyoti Singh Pandey was born and raised in Delhi while her
parents were from a small village in the Ballia district of Uttar Pradesh. Her father sold
his ancestral land to educate her
and worked double shifts to continue to pay for her schooling. In an interview,
he related that as a youth he had
dreamed of becoming a school teacher, but at that time education was not
considered important and girls were not even sent to school. "Attitudes
are changing back home now, but when I left 30 years ago, I vowed never deny my
children so sending them to school was fulfilling my desire for
knowledge." He said that he put his daughter's education above that of
even his two sons, stating: "It never entered our hearts to ever
discriminate. How could I be happy if my son is happy and my daughter isn't?
And it was impossible to refuse a little girl who loved going to school.
Awindra Pratap Pandey, the man who was Joti’s friend was also
attacked. He is a software engineer from Gorakhpur, Uttar Pradesh, who lives in Ber Sarai, New Delhi; he suffered broken limbs but
survived the vicious attack.
One of the perpetrators later cleaned the vehicle to remove
evidence’ The police impounded the bus the next day.,
All
the 6 accused were arrested however, all of them denied the charges of rape,
murder, kidnapping and destruction of evidence. Over the time of their trial,
five were found guilty, while the sixth accused committed suicide in jail.
The convicts:
One
of the accused in the case, whose name has not been given as he was a juvenile
at the time of the incident, was tried as a minor. He was the criminal that
shoved the iron rod into the victim’s Vagina, In August 2015, he was tried on
the charges of rape and murder and was sentenced to three years, the maximum
sentence for a juvenile, in a reform facility. He was released on December 20,
2015 and as per the reports, has since been staying in a charity home. It is said that he has remained there for the
fear of someone killing him.
The
main suspect Ram Singh, also the first person to be arrested, was found dead on
March 2013 in Tihar jail. It was reported that he hanged himself in his cell
but his family members claimed that he was murdered.
The
younger brother of Ram Singh and the third accused, Mukesh Singh was also
charged with rape, murder, kidnapping and destruction of evidence. It was
reported that it was Mukesh Singh who was driving the bus when the incident took
place. He has been sentenced to death for the crime.
Vinay
Sharma, the fourth accused, is the only one who had a school education and
spoke English. He even sat for his first year university exams the previous
year. He had always denied his presence in the bus when the gang rape took
place. However, he too was sentenced to death in court.
The fifth accused Akshay Thakur was arrested from Bihar five
days after the crime. He was charged with rape, murder and trying to destroy evidence.
Akshay Thakur is married and even has a son. Although he had denied being in
Delhi on December 16, he was nonetheless convicted and sentence to death.
The
sixth accused Pawan Gupta had earlier claimed that he was not in the bus on the
night of December 16 but was at a music function. However, in the days after
his arrest he said in court he had done a bad thing and he should be hanged. He
too has been sentenced to death.
These five heinous criminals have not been hanged as of yet since they are going through the appeal process.
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