Laws and Reports

Laws and Reports

A compilation of relevant legal information and government reports.

Revisiting 16/12

Revisiting 16/12

Documentation of the incident, the protests that followed, and opinion formation since then.

A year on

A Year On

A reality check on whether institutional response since 16/12 has changed anything.

Why Police Reforms?

Why Police Reforms?

Why institutional reform is critical to ensure there are no more 'Nirbhayas'.

Interviews

Interviews

Subject experts speak on sexual violence, policing and the law since 16/12, a CHRI compilation.

Friday, December 13, 2013



December 16th, 2012: On 16th of December, 2012, at around 9:30 pm a 23-year old girl, later christened by the media* as 'Nirbhaya' (निर्भाया, meaning fearless), and her friend board a private bus which would take them to Dwarka from Munirka in Delhi. Instead, the driver and 5 of his friends attack the pair with iron rods and sexually assault the girl. The two are thrown from the bus at a lonely stretch in Mahipalpur. Passerby dial for the police. The PCR (Police Control Room) van is delayed in arrival as they are not clear under which station's jurisdiction that spot lies.
The male victim told an Indian news channel that the police vans argued about which police station had jurisdiction over the crime, losing precious minutes. He also told the channel that police would not carry his gravely injured friend, who was unable to walk, into the van because she was bleeding heavily. In spite of his injuries, he picked her up and placed her in the police vehicle, he said in the television interview. (Source: WSJ)
News begins to break out: Delhi: Girl gang-raped in moving bus - NewsX,
Medical student gang-raped in Delhi

December 17th, 2012: 'Nirbhaya', who was eventually admitted to the Safdarjang hospital instead of AIIMS trauma centre, is still in a critical state. (Coverage by Firstpost.)

The police identifies four accused. An NDTV coverage of the press conference by the DCP South Chhaya Sharma:



Debates are sparked over the safety of women on the streets of Delhi. Coverage by IBTimes points out that incidences of sexual assaults have been on the rise. A documentary by Al Jazeera "101 East - Unintended consequences: India's rape crisis" made earlier in December 2012 had already highlighted the issue.

December 18th: Four of the accused nabbed by the police. They used CCTV footage from a nearby hotel.

An Aaj Tak reporter is sexually harassed while reporting on the 'Nirbhaya' case.

The nationwide outrage begins to gather momentum, and Delhi High court expresses its concern. Legislators in Parliament, too, express anguish. National Human Rights Commission issues notices to the Delhi Police Commissioner Neeraj Kumar and Home Secretary RK Singh in connection with the sexual assault.
"The incident has raised the issue of declining public confidence in the law and order machinery in the city, especially, in its capacity to ensure safety of women as a number of such incidents have been reported in the National Capital in the recent past" Source: NHRC
Public protests are held around the city.

December 19th, 2012: 'Nirbhaya's intestines are removed. Main accused pleads guilty before a Delhi court (Source: India Today).

Water canons are used against protesters (BBC).

December 21st, 2012: The fifth accused, who claims to be 17-and-a-half years old arrested from Anand Vihar in east Delhi. Police conduct raids in Haryana and Bihar to nab the sixth accused.

December 22nd, 2012: 'Nirbhaya' still in critical stage, undergoes fifth surgery and records a statement before a sub-divisional magistrate.
Sixth accused Akshay Thakur arrested from Aurangabad district of Bihar.

December 23rd, 2012: Delhi High Court sets up a fast-track court to deal with the gang rape case.

Protests in Delhi turn violent. The protesters at Raisina Hill and India Gate are all demanding justice.



Constable Subhash Tomar rushed to hospital with fatal injuries.

Delhi Police chief refuses to quit over the crime. (IBNLive)



December 24th, 2012: The government announces setting up of a committee to suggest amendments in law for speedy trials and enhanced punishment for criminals in rape cases.

Two Assistant Commissioners of Police suspended for not stopping the bus in which the girl was raped and their explanation sought. The Lt Governor of Delhi also announces the adoption of 'zero tolerance approach' towards complaints by women. (Source: FirstPost)

Prime Minister addresses the nation, calls for peace.

December 25th, 2012: Constable Subhash Tomar succumbs to his injuries. Tomar had injuries according to post mortem.


'Nirbhaya' records fresh statement before a magistrate (The Hindu).

December 27th, 2012: 'Nirbhaya' flown to Singapore for better treatment and admitted to Mount Elizabeth Hospital.

December 29th, 2012: 'Nirbhaya's 12-days battle for life fails and she succumbs to her injuries. Police add murder charges in the FIR.

Peaceful street protests as grief, anger sweep India.

December 30th, 2012: 'Nirbhaya's body is brought back to Delhi and cremated.

January 3rd, 2013: A case of rape, murder, kidnapping, destruction of evidence, and attempted murder filed against the five adult accused in the case.

January 7th, 2013: The court orders in-camera proceedings in the case.

January 10th, 2013: The accused get lawyers for defence.

January 17th, 2013: The fast-track court starts proceedings against five adult accused.

January 28th, 2013: The Juvenile Justice Board (JJB) declares that one of the six accused is a minor.

February 2nd, 2013: The fast track court charges the accused on 14 accounts including murder, gang rape and other offences.

February 5th, 2013: Trial begins in the case and court recorded statements of the accused. Delhi gang-rape trial to take three more months: Lawyers

February 28th, 2013: The Juvenile Justice Board frames charges against the minor.

March 11th, 2013: Prime accused Ram Singh found hanging in his Tihar jail cell. Ram Singh's death will not affect case: Cops

March 22nd, 2013: Delhi HC allows national media to report the FTC proceedings.

May 17th, 2013: 'Nirbhaya's mother appears as a prosecution witness before the trial court and says "give justice to my daughter"

July 11th, 2013: The Juvenile Justice Board in New Delhi defers verdict on minor accused to July 25.

July 25th, 2013: The JJB again defers to August 5 the verdict in the case after a PIL was filed in the Supreme Court seeking fresh interpretation of term 'juvenile.'

July 31st, 2013: The Supreme Court asks JJB not to pronounce verdict in the case till it decides the PIL of BJP leader Subramanian Swamy.

August 5th, 2013: The JJB defers verdict to August 19 after the apex court direction.

August 14th, 2013: The Supreme Court reserves order on maintainability of Swamy’s PIL.

August 19th, 2013: The JJB again defers verdict to August 31.

August 22, 2013: The Supreme Court allows JJB to pronounce its verdict on the minor deliquent.

August 31st, 2013: The JJB convicts the minor for gang-rape and murder and sends him to the correction facility for three years.

First conviction in Delhi gang-rape

September 10th, 2013: The fast-track court holds the four accused guilty in the case.

September 13th, 2013: Delhi court awards death for all the four accused. (Reuters)

*Disclosure of identity of victim is prohibited under Section 228A of the Indian Penal Code, 1860 as well as the Norms of Journalistic Conduct issued by the Press Council of India. (2010 edition.) Source: The Hoot

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