Wednesday 11 December 2013

PUBLIC PROTESTS AFTER THE DEATH


After the woman's death on 29 December, protests were staged all over India, including Kolkata, Chennai, Bangalore, Hyderabad, Kochi, Thiruvananthapuram, Mumbai and Visakhapatnam. Many of the mourners carried candles and wore black dress; some pasted black cloth across their mouths. The following day a large number of people staged protests near Jantar Mantar, New Delhi. There were minor clashes between some groups of protesters and the police; the police then removed some protesters from the area. One group of protesters also observed a one-day hunger strike at Jantar Mantar. All roads leading to India Gate were closed by police and areas where protesters had gathered during the previous week were out of bounds to the public. Some of the protesters drew graffiti and slogans on papers spread on the road, condemning the incident and demanding stricter laws and speedy judgement. 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. New Year's celebrations were scaled down to a large extent, with the Indian armed forces and some clubs and hotels in Delhi cancelling their New Year parties.

The Indian protests also sparked protests across south Asia, including marches and rallies in Nepal, Sri Lanka, Pakistan and Bangladesh. In Nepal, hundreds of demonstrators in Kathmandu called for legal reforms and an overhaul of attitudes to women. In Bangladesh the human rights group Ain o Salish Kendra (ASK) said the protests in Delhi had given fresh impetus to protests against sexual violence. According to an ASK spokesperson, "although previous demonstrations on similar issues were largely dominated by women, men were now protesting too. The protests had also drawn people from a broad range of society." 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. An author for the South Asia Analysis Group explained the protests as expressions of middle-class angst arising out of a collapse of a social contract between them and the liberal state.[126] New Delhi has the highest number of sex crimes among India's major cities. Police figures show a rape reported on average every 18 hours; reported rape cases rose by nearly 17 percent between 2007 and 2011. Only one of 706 rape cases filed in Delhi in 2012 ended in conviction. Between 16 December and 4 January, 501 calls for harassment and 64 calls for rape were recorded by the Delhi Police, but only four were followed up by inquiries. The regional program director for U.N. Women South Asia said, "There are rape cases in almost all cities and rural areas, where the victim dies immediately because of the brutality of the crime ... This time, it was like, 'Wake up.'"

PUBLIC PROTESTS AFTER THE INCIDENT


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 and battled Rapid Action Force units. Demonstrators were lathi charged, shot with water cannon and tear gas shells, and arrested.
Similar protests occurred throughout the country. More than 600 women belonging to various organisations demonstrated in Bangalore. Thousands of people silently marched in Kolkata.[103] Protests occurred online as well on the social networking sites Facebook and WhatsApp, with users replacing their profile images with a black dot symbol. Tens of thousands signed an online petition protesting the incident.
Yoga guru Baba Ramdev and former Army chief General Vijay Kumar Singh were among the demonstrators who clashed with Delhi Police at Jantar Mantar. On 24 December, activist Rajesh Gangwar started a hunger strike saying, ""If my death shakes the system and gets them (accused in the gang-rape case) hanged, I am ready to die". 


Seven metro rail stations in New Delhi were closed on 22 December 2012 to discourage protesters from gathering at Raisina Hill. On 24 December 2012, police blocked roads leading to India Gate and Raisina Hill to prevent possible mass protests, and closed nine metro stations, 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. The Hindustan Times accused police of using excessive force against the protestors, reporting that 375 tear gas canisters were used at India Gate and elsewhere in Delhi to disperse the crowds. An article in First Post criticized the Indian government as well, saying that they failed to act positively or give credible assurances to the protesters and instead used police force, lathi-charging, pushing the media out of the scene, and shutting down metro rail stations. Police stated that peaceful protests had been "hijacked" by hooligans and political activists.
During one protest, a police constable named Subhash Tomar collapsed and later died in hospital. Two witnesses claimed that Tomar collapsed without being hit by any protesters, while a third disputed this. 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. Some experts state that his chest injuries may have been a side effect of the administration of CPR. The Delhi Police arrested 8 young men and charged them with Tomar's murder and rioting at India Gate. Later in March 2013, the police admitted in the High Court they had no evidence against the eight and gave them a clean chit. Meanwhile the youths have intended they might move the court against the commissioner of police, seeking criminal proceedings against him for his 'irresponsible' move to book them on murder charges in the first place.

JUVENILE DEFENDANT

In the 33-page charge sheet, the Delhi Police described the juvenile as the most brutal of the six accused. The accused was declared as 17 years and six months old on the day of the crime by the Juvenile Justice Board (JJB), which relied on his birth certificate and school documents. The JJB rejected a police request for a bone ossification (age determination) test for a positive documentation of his age. On 28 January, the juvenile was declared to be a juvenile by the JJB. A petition moved by Janata Party president Subramanian Swamy seeking the prosecution of the minor as an adult because of the ghastly nature of his alleged crime was rejected by the JJB.[82][83][84] The minor was tried separately in a juvenile court. A verdict in the case was scheduled to be announced on 25 July 2013, but was deferred until 5 August and then deferred again to 19 August. On 31 August, the juvenile was convicted of rape and murder under the Juvenile Justice Act and given the maximum sentence of three years' imprisonment in a reform facility, inclusive of the eight months he spent in remand during the trial.

ADULT DEFENDANTS

Five days after the victim's death, on 3 January 2013, the police filed charges against the five adult men for rape, murder, kidnapping, destruction of evidence, and the attempted murder of the woman's male companion. Senior lawyer Dayan Krishnan was appointed as the special public prosecutor. Mukesh Singh, Vinay Sharma, Akshay Thakur and Pawan Gupta denied the charges. On 10 January, their lawyer, Manohar Lal Sharma, said in a media interview that the victims are responsible for the assault because they should not have been using public transportation and, as an unmarried couple, they should not have been on the streets at night. He went on to say: "Until today I have not seen a single incident or example of rape with a respected lady. Even an underworld don would not like to touch a girl with respect."[94] He also called the male victim "wholly responsible" for the incident because he "failed in his duty to protect the woman". The four surviving adult defendants went on trial in a fast-track court. The prosecution presented evidence including witness statements, the victim's statement, fingerprints, DNA testing, and dental modelling. It completed its case on 8 July.

GRIPPED


In January, Asha revealed that Jyoti wanted her rapists 'burnt alive'. Father Badri Singh, 53, told the paper he 'felt so relieved' when the judge ruled death by hanging. He said: 'When the judge announced the death penalty I stared right at these men and I saw the fear of death in their eyes. Two of them were crying even. 'But I wasn't bothered and I had no sympathies for them. I will never forgive or forget what they did to my daughter. They're now paying the true price for what they chose to do that night.' The couple added that Jyoti was born a fighter, having spent her first month in intensive care. Even when she was in hospital she believed she would battle through, they explained. Determined to fight for equality between sexes in honour of his daughter, Mr Singh declared her death has been an inspiration for India. He said: 'I feel her life has been sacrificed to teach the world that rapes and this kind of behaviour cannot go on.' When the sentence was announced all convicts broke down apart from Akshay Thakur. Each were ordered to pay 55,000 rupees to the family of their victim. In his closing speech, Judge Khanna said he could not turn a blind eye to rising cases of sexual assault against women. He said: 'The convicts, in the most barbaric manner, pulled out her internal organs with their bare hands and caused her irreparable injuries. 'She and her friend were then thrown out of the moving bus in naked condition, profusely bleeding, on a cold winter night. 'Their unprovoked crime demonstrated exceptional depravity of mind of the convicts. 'The crime of such nature requires exemplary punishment.'

DELHI GANG RAPE ARRESTS


Convicted (clockwise from top left): Hanging sentences were handed to gym instructor Vinay Sharma, 20, Mukesh Singh, 26, fruit-seller Pawan Gupta, 19, and bus cleaner Akshay Thakur, 28, at Saket Court on Friday
Ram Singh, co-accused and widely considered the leader of the group, was found dead in his cell in March. He was the brother of convicted Mukesh Singh, who drove the bus during the ghastly crime.
A minor who was also accused has been sentenced to three years in a reformatory institution.
The grieving mother told the Sunday Mirror: 'She kept saying her only wish was to see them hanged. I know this result will help her be at peace now.' 
'Words cannot explain the horror. She cried every time she talked about it. I will never forget how disgustingly brutal they were. 
'I remember trying to make her eat. But she was in so much pain she couldn't even eat a spoonful. 
'She kept telling me to sit and hold her hand instead.'

JYOTI SINGH PANDEY WANTS JUSTICE


As the outrage over the gang rape of a young girl in New Delhi continues the family of the victim is in deep pain and anguish. The family members had high hopes from the 23-year-old and her father had sold his land so that she could continue her studies and improve the financial status of the family. The family wanted her to become a medical professional but her dreams were brutally cut short by the rapists.
The girl had came to Delhi so that she could improve the financial status of her family, to ensure that her two younger brothers could continue their studies and to give her parents all the comforts of a good life. The victim father is in a low-paying job and is just able to feed his family. So she came to Delhi to fulfil her family's expectations and dreams.
According to the victim's father she was very jovial and was confident of facing all the problems in life. She used to face all the problems with a smile on her face. But after her brutal gangrape and assault she is fighting for her life in Safdarjung hospital. Her father's role in her life has been very important.
The family wanted her to become a medical professional but her dreams were brutally cut short by the rapists.
After meeting the victim's family Lok Sabha Speaker Meira Kumar said that the girl has shown great spirit and strength. "I met the family. I have immense respect for the family members. The family has very high self-esteem, its financial status is not good, even her mother is not educated but they have shown tremendous composure and strength. They have not complaint about the incident, not showed me their anger which even educated people are not able to do," said Meira Kumar.
Meira Kumar said that even though the family is poor and has two sons, it decided to sell its land to educate the girl. "I have heard that people sell their land for the daughter's marriage, for their son's studies, but not for their daughter's studies," she said. 
The family of the victim appealed to Meira Kumar to ensure that action is taken against the rapists and the government should ensure that such incidents do not take place again.
Shri Badri Singh Pandey(victim's father) Victim's father said "I want the death penalty for all six accused. These people are freaks. These examples should be not be allowed in society." The grieving father still hope that all parents teach their children to respect women. He said that only the police cannot handle it. Parents also have to keep an eye to their children.