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2012 Delhi gang rape and murder

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2012 Delhi gang rape case
Date16 December 2012; 11 years ago (2012-12-16)
Time9:54 pm IST (UTC+05:30)
LocationDelhi, India
Deaths1 (victim) on 29 December 2012

A female physiotherapy intern[1] was beaten and gang raped in Delhi on 16 December 2012, and died thirteen days later while undergoing emergency treatment in Singapore for brain and gastrointestinal damage from the assault. After watching a film in South Delhi in the early evening, she and a male companion boarded a bus being driven as a "joyride", thinking it was a public bus.[2] The only other passengers were five men who were friends of the driver,[2] who then assaulted the pair.

She was taken to Safdarjang Hospital, received multiple surgeries, and was placed on mechanical ventilation. On 26 December, she was moved to Singapore for further treatment, where she died on 29 December.

As of 21 December 2012, six men, including the bus driver, have been arrested. The incident has generated international coverage and was condemned by the United Nations Entity for Gender Equality and the Empowerment of Women, who called on the Government of India and the Government of Delhi "to do everything in their power to take up radical reforms, ensure justice and reach out with robust public services to make women’s lives more safe and secure".[3] Public protests took place in Delhi, where thousands of protesters clashed with security forces. Similar protests took place in major cities throughout the country.

Incident

The victims, a 23-year-old female physiotherapy intern and her male friend, were on their way home after watching a film in Saket in South Delhi.[4] They boarded a bus that was being driven by joyriders[2] at about 9:30 pm. The woman's friend 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 taunted the couple, asking what they were doing alone at such a late hour.[5]

When the victim's friend tried to intervene, he was beaten, gagged and knocked unconscious with an iron rod. The men dragged the woman to the rear of the bus, beating her with the rod and raping her while the bus driver continued to drive. Medical reports later suggested that the woman suffered serious injuries to her abdomen, intestines and genitals due to the assault, and doctors say that the damage indicates that a blunt object (suspected to be the iron rod) may have been used for penetration.[4] That rod was later described by police as being a rusted, L-shaped implement of the type used with a wheel jack.[6] After the beatings and rape ended, the gang threw the two from the moving bus. One of the perpetrators later cleaned the vehicle. Police impounded it the next day.[7]

The woman and her companion were found by a passerby on the road, partially clothed and unconscious, around 11 pm. The passerby phoned the Delhi Police, who took the couple to a hospital, where the female victim was given emergency treatment and placed on mechanical ventilation.[8] The victim was found with only 5% of her intestines left inside of her. A doctor at the hospital later said that the "rod was inserted into her and it was pulled out with so much force that the act brought out her intestines also. That is probably the only thing that explains such severe damage to her intestines.”[9]

Victims

The female victim's parents were from the Ballia district of Uttar Pradesh. The young woman was born and raised in Delhi; she occasionally visited her parents' hometown, a small, impoverished village. Her father sold his three bhiga (1 bhiga = 3025 sq/yd or 0.2529 hectares) of agricultural land to educate her, works for a private company in Delhi.[10] Pseudonyms have been used for her, including Jyoti (light), Jagruti (awareness), Amanat (after the Indian TV soap opera Amanat), Nirbhaya (fearless one), and Damini (after the 1993 Hindi film Damini),[11][12] although some media commentators have raised questions on the judgement of using pseudonyms for her.[13][14]

The male victim is 23 years old, from Gorakhpur, Uttar Pradesh, and lives in Ber Sarai, New Delhi.[15]

Delhi police registered a criminal case against the editor of a Delhi based tabloid for disclosing the identity of the rape victim, as such disclosure is an offence under section 228(A) of Indian Penal Code.[16]

Treatment and death of rape victim

On 19 December 2012, the damaged intestines of the victim were resected due to risk of gangrene, and she received intravenous nutrition and medication.[17] On 21 December 2012, the government appointed a committee of physicians to ensure she received the best medical care.[18] By 25 December 2012, she remained intubated, on life support and in critical condition. Doctors stated that the internal bleeding had been controlled to an extent, but her increased bilirubin level (suggesting hepatic dysfunction or hemolysis) was a "serious cause of concern".[19]

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.[20][21]

The decision to move the patient while she was still in critical condition has been criticised for being purely political. Doctors have questioned the need to transfer an ICU patient for organ transplants that were not scheduled for weeks or even months later.[22][23]

Government sources indicate that the Chief Minister of Delhi, Sheila Dikshit, was personally behind the decision.[24] Hours earlier, Union Minister P. Chidambaram had stated that the woman was not in a condition to move.[25]

During the six-hour flight by air-ambulance to Singapore, at 30,000 feet, the victim suddenly went into a near collapse. Her blood pressure dipped alarmingly, and doctors on the flight had to create an arterial line to stabilize her. That the doctors were able to perform this procedure in-flight was considered a medical feat.[26] However, the victim never regained consciousness in Singapore.[27]

On 28 December 2012, at 11 am (IST), her condition was "extremely critical" and the Chief Executive Officer of the Mount Elizabeth Hospital said that the woman suffered brain damage, pneumonia, abdominal infection, and that she was "fighting for her life."[28] Her condition continued to deteriorate, and she died at 4:45 am on 29 December, Singapore Standard Time (2:15 am, 29 December, IST; 8:45 pm, 28 December, UTC).[29]

Her body was cremated on 30 December at Delhi under high police security. The government denied access to the media and the public. The "fortification" of Delhi was criticised by many, including the main opposition party of India.[30].The ashes were immersed on 1 January 2013 in the river Ganga at Bharauli ghat.[31]

Alleged perpetrators

Six men have been arrested in connection with the incident: Ram Singh, the bus driver, and his brother, Mukesh Singh, were both arrested in Rajasthan; Vinay Sharma, an assistant gym instructor, was arrested in Delhi,[32] as was Pawan Gupta, a fruit seller; Raju, a minor,[33] and native of Uttar Pradesh was arrested by the police at Anand Vihar terminal in Delhi; and Akshay Thakur, a man who had gone from Bihar to Delhi seeking work, was arrested in Aurangabad in Bihar.[32][34]

The group had been drinking together and "having a party" before taking the bus out.[2] Raju had only met the others that day.[33]

Ram Singh was presented before the Metropolitan Magistrate on 18 December 2012.[35] Mukesh Singh, who was placed in Tihar Jail after his arrest, was assaulted by other inmates and was kept in solitary confinement for his own protection.[36] Ram and Mukesh Singh are from Ravi Dass Camp, a slum in South Delhi.[37] Ram Singh suffers from a substantial disability in his right arm, sustained after a bus accident for which he had sought compensation.[38] He refused to participate in an identification process. [39]

Shortly after the attacks, Gupta said he accepted his guilt and should be hanged.[40][41]

Prosecution

The male victim testified in court on 19 December.[42] The female victim recorded her statement with a sub-divisional magistrate at the Safdarjung Hospital on 21 December 2012, in the presence of the Deputy Commissioner of police.[43]

The five adults accused could face charges under the Indian Penal Code. The juvenile suspect, Raju, is subject to a separate legal process.[44] The police promised to file the charge sheet within one week, following public outrage and demand for a speedy trial and prosecution.[45]

At the suggestion of the Delhi Chief Minister, the Delhi High Court approved the creation of five fast-track courts to try rape and sexual assault cases.[46] On 21 December 2012, the government promised to file the charge sheet "quickly" and seek the maximum penalty of life imprisonment for the perpetrators.[47] The Union Parliament’s Standing Committee on Home Affairs met on 27 December 2012 to discuss the issue, and Union Home Secretary R. K. Singh and Delhi Police Commissioner Neeraj Kumar were summoned to appear.[48]

On 21 December 2012, the Delhi High Court reprimanded the Delhi police for being "evasive" in a probe status report providing details of officers on patrol duty in the area covered by the bus route. A further court hearing on the matter is scheduled for 9 January 2013.[49] The following day, the Delhi Police initiated action against three Hauz Khas police station personnel for alleged inaction on an alleged robbery of the bus on which the gang rape and assault occurred. Just before the gang rape, the accused had robbed a carpenter, Ramadhar, after picking him up in their area.[5] On 24 December 2012, two Assistant Commissioners of Police were suspended for failing to prevent the gang rape incident.[50]

On 29 December 2012, following the death of the victim, the accused were charged with murder by the police.[51]. Senior lawyer Dayan Krishnan has been appointed as the special public prosecutor and Delhi police is hoping to file the charge sheet by January 3 2013. [52]

Reactions

Public protests

People in Bangalore protesting outside Bangalore Town Hall on December 30, 2012 demanding justice for the 23-year-old student following her death on December 29, 2012.

Public protests took place in New Delhi on 21 December 2012 at India Gate and Raisina Hill, the latter being the location of both the Parliament of India and Rashtrapati Bhavan, the official residence of the President of India. Thousands of protesters clashed with police, overturned cars, and battled Rapid Action Force units.[53] Demonstrators were lathi charged,[54] shot with water cannons and tear gas shells, and arrested.[55]

Yoga guru Baba Ramdev and former Army chief General Vijay Kumar Singh were among demonstrators who clashed with Delhi Police at Jantar Mantar.[56] Police claimed that peaceful protests had been "hijacked" by hooligans and political activists.[57]

Similar protests have occurred throughout the country. More than 600 women belonging to various organisations demonstrated in Bangalore.[58][59] Thousands of people silently marched in Kolkata.[60] Protests have occurred online as well on the social networking sites Facebook and WhatsApp, with users replacing their profile images with a black dot symbol.[61] Tens of thousands have signed an online petition protesting the incident.[62]

The Delhi Police has been accused of using excessive force against the protestors, causing more outrage. The Hindustan Times reported that 375 tear gas canisters were used at India Gate and elsewhere in Delhi to disperse the crowds.[63]

During a public protest, a policeman named Subhash Tomar collapsed and later died in hospital.[64] Two witnesses claimed that Tomar collapsed without being hit by any protesters, while a third disputed this.[65] Hospital doctors and the post-mortem gave contradictory reports: he died due to cardiac arrest, but it is not known if the heart attack was caused by blunt-force injuries that he suffered to his chest and neck.[66] Some experts state that his chest injuries may have been a side effect of the administration of CPR.[67][68]

After the victim's death

File:Google lights a candle to give tribute to Delhi braveheart.png
Google India's home page on 31st Decemeber with a virtual candle in memory of the victim .[69]
People silently marching to protest with candlelight at Kolkata post the victim's death on 29th December 2012.

Following the death of the victim on 29 December, large numbers of people staged protests near Jantar Mantar, New Delhi on 30 December.[70] There were minor clashes between some groups of protesters and the police, the police then shifted some protesters from the spot.[70] Certain group of protesters also observed one day hunger strike at Jantar Mantar.[70] All roads leading to India Gate were closed by police and such areas where protesters gathered during previous week were out of bounds to public.[70] Some of the protesters drew graffiti and slogans on papers spread on road, condemning the incident, demanding stricter laws and speedy judgement.[71] The main opposition party of India, the BJP, renewed its demand for a special parliament session to discuss the case and to adopt stricter laws on crime against women.[30]

After the woman's death, protests were staged all over India, including Chennai, Bangalore, Hyderabad, Thiruvananthapuram, Mumbai, etc. Many of the mourners carried candles, wore black dress and some pasted black cloth across their mouths.[72]

New year celebrations were scaled down to a large extent with the Indian armed forces, some clubs & hotels in Delhi cancelling their new year parties.[73]

Government reaction to protests

Protesters believed the Indian government failed to act positively or give credible assurances to the protesters, and instead used police force to stop the protests, resorting to lathi-charging, pushing the media out of the scene and shutting down metro rail stations.[74] Seven metro rail stations in New Delhi were closed on 22 December 2012 to discourage protesters from gathering at Raisina Hill.[75] On 24 December 2012, police blocked roads leading to India Gate and Raisina Hill to prevent possible mass protests. Nine metro stations were closed on that day, affecting thousands of transit patrons. News reporters were not allowed to reach India Gate and Raisina Hill. In addition to CrPC section 144, which disallows assembly of groups larger than five, curfew was imposed near the presidential residence.[76]

On 22 December 2012, a judicial committee headed by J. S. Verma, a former Chief Justice of India, was appointed by the Central government to submit a report, within 30 days, to suggest amendments to criminal law to sternly deal with sexual assault cases. The committee has urged the public in general and particularly eminent jurists, legal professionals, NGOs, women’s groups and civil society to share "their views, knowledge and experience suggesting possible amendments in the criminal and other relevant laws to provide for quicker investigation, prosecution, and trial, and also enhanced punishment for criminals accused of committing sexual assault of an extreme nature against women."[77].The Committee held its first meeting on December 26, 2012 and it had received more than 6000 plus emails with suggestions by then.[78]

On 26 December 2012, a one-person commission of inquiry headed by a former Delhi High Court judge, Usha Mehra, was set up to identify lapses and determine responsibility in relation to the incident. It will also suggest measures to make Delhi and the wider National Capital Region safer for women. The report is to be submitted within three months and will be tabled in Parliament along with action taken by the government.[79]

Financial assistance

The Chief Minister of Uttar Pradesh, Akhilesh Yadav, announced a package of financial assistance ₹20 lakh (US$24,000) to the family of the woman and offered a government job to a family member.[80] A cabinet meeting presided by Cheif Minister of Delhi, Sheila Dixit, decided to provide financial aid of ₹15 lakh (US$18,000) and a government job to one member of family. [81].

Political parties

The following day, in the Indian parliament, strict punishment was demanded for the perpetrators. The Leader of the Opposition in the Lok Sabha, Sushma Swaraj, stated: "The rapists should be hanged".[82] Sonia Gandhi visited the Safdarjang Hospital and met doctors on duty in the anaesthesia and surgery departments for an update on the victim.[83] Bahujan Samaj Party chief, Mayawati, said that proper investigation was mandated, and that "action should be so strict that no one should dare to act in such a manner again".[82] Jaya Bachchan said that she was "terribly disturbed" over the incident, and felt "ashamed" sitting in the House, feeling "helpless" for "not being able to do anything".[83] Meira Kumar, speaker of Lok Sabha, told reporters a "new law should be brought in and must get passed to ensure the safety of women." She went on to say: "The laws at present are not enough, we need stricter laws."[84][85]

Sheila Dikshit, Chief Minister of Delhi, said that she did not have the courage to meet the victim and described Delhi as a "rape capital" in interviews.[86] She said that senior police officials should be accountable for failure to take sufficient measures to stop such incidents. Five fast-track courts have been established to process the current cases.[87]

Prime minister

On 24 December 2012, in his first official reaction after the incident, Prime Minister Manmohan Singh appealed for calm, stressing that "violence will serve no purpose". In a televised address, he assured that all possible efforts would be made to ensure the safety of women in India. Singh expressed empathy, saying: "As a father of three daughters I feel as strongly about the incident as each one of you".[88] As a tribute to the victim, Prime Minister Manmohan Singh cancelled all his official events to celebrate the new year. [89]

International reactions

The American embassy released a statement on Dec. 29, offering their condolences to the family of the victim and stating "we also recommit ourselves to changing attitudes and ending all forms of gender-based violence, which plagues every country in the world".[90]

In Paris, people participated in a march to the Indian embassy where a petition was handed over asking for action to make India safer for women.[91]

UN Secretary General Ban Ki-moon issued a statement ""Violence against women must never be accepted, never excused, never tolerated. Every girl and woman has the right to be respected, valued and protected"[92]

Social context

Segregation against women[93] as well as "Eve teasing" (euphemism for public sexual harassment) and rape are known issues threatening women in India. While India law provide protections to women, local law enforcement personnel (police) are reported to be negligent, to downplay complaints, blame the victims for their clothing or imagination and pressure victims of rapes in order to discourage registration of legal complaints. Cases of harassment and rape by police are cited.[94] When successfully registered, legal complaints are not followed up by suitable inquiries or arrests of cited aggressors and often end in "do not prosecute", which strongly discourages rape reports by victims.[95][96] This social context has been denounced as a cause, with requests for police, societal, and legal reforms.[97][98] The sex crime rate in New Delhi is one of the worst among Indian cities, a woman is reportedly raped on average every 18 hours or molested every 14 hours . And, a significant 92 percent of those accused of rape are known to their victims, and more than half are under the age of 25.[99]

See also

References

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  89. ^ Muted New Year’s celebrations in India after gang-rape victim's death
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  92. ^ Ban condoles death of gang-rape victim, urges reforms to deter violence against women
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