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The 2012 Delhi gang rape and murder, commonly known as the Nirbhaya case, involved a rape and fatal assault that occurred on 16 December 2012 in Munirka, a neighbourhood in South Delhi. The incident took place when Jyoti Singh, a 23-year-old physiotherapy intern, was beaten, gang-raped, and tortured in a private bus in which she was travelling with her male friend, Avnindra Pratap Pandey. There were six others in the bus, including the driver, all of whom raped the woman and beat her friend. She was rushed to Safdarjung Hospital in Delhi for treatment and transferred to Singapore eleven days after the assault, where she succumbed to her injuries 2 days later.[3][4][5] The incident 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 was widely known as Nirbhaya, meaning "fearless", and her struggle and death became a symbol of women's resistance to rape around the world.[6][7]
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 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 increase in the number of women willing to file a crime report. However, in December 2014, two years after the attack, the victim'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.[18]
A BBC documentary titled India's Daughter based on the attack was broadcast in the UK on 4 March 2015.[19] Indian-Canadian filmmaker Deepa Mehta's 2016 film Anatomy of Violence was also based on the incident, exploring the social conditions and lack of mental and sexual education in Indian society that made it possible.[20] The Netflix original 2019 TV series Delhi Crime is based on the Delhi Police's search for the culprits of this case.[21]
Delhi police registered a criminal case against the editor of a Delhi-based tabloid, Mail Today, for disclosing the female victim's identity, as such disclosure is an offence under section 228(A) of Indian Penal Code.[41] Shashi Tharoor, then a union minister, suggested that if the parents had no objection, her identity could be made public, with a view to showing respect for her courageous response by naming future laws after her.[42] 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. They will find strength from my daughter."[43] Indian law forbids revealing the name of a rape victim unless the family agrees to it and, following the news article which published the father's reported quote and the victim's name, some news outlets in India, Germany, Australia, and the United States also revealed her name.[44] However, the following day Zee News quoted the father as saying, "I have only said we won't have any objection if the government uses my daughter's name for a new law for crime against women that is more stringent and better framed than the existing one."[45]During a protest against the juvenile convict's release on 16 December 2015, the victim's mother said that the victim's name was Jyoti Singh and she was not ashamed of disclosing her name.[46]
A Special Investigation Team was formed to investigate the case, which was led by Pramod Kumar Kushwaha, the Deputy Commissioner of Delhi Police's Special Cell.[60]Police found and arrested some suspects within 24 hours of the crime.[61] From recordings made by a highway CCTV, a description of the bus, a white charter bus with a name written on it, was broadcast. Other operators identified it as being contracted by a South Delhi private school. They then traced it and found its driver, Ram Singh. Police obtained sketches of the assailants with the help of the male victim, and used a mobile phone stolen from the two victims to find one of the assailants.[61]
On 21 December, the government promised to file the charge sheet quickly and seek the maximum penalty of life imprisonment for the perpetrators.[85] Following public outrage and a demand for a speedy trial and prosecution, on 24 December, the police promised to file the charge sheet within one week.[86] The Parliamentary Standing Committee on Home Affairs met on 27 December to discuss the issue, and Union Home Secretary R. K. Singh and Delhi Police Commissioner Neeraj Kumar were summoned to appear.[87] The Delhi High Court approved the creation of five fast-track courts to try rape and sexual assault cases.[88] The first of the five approved fast-track courts was inaugurated on 2 January 2013 by Altamas Kabir, Chief Justice of India, in Saket court complex in South Delhi.[89]
A verdict in the case was scheduled to be announced on 25 July,[102] but was deferred until 5 August[103] and then deferred again to 19 August.[104] On 31 August, he 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.[105] Reportedly, Jyoti's younger brother had impulsively tried to attack the juvenile convict after hearing the verdict but the crowd in the courtroom managed to restrain him.[106] The juvenile was released on 20 December 2015.[107]
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.[10][120]
On 10 September 2013, in the fast track court of Delhi, the four adult defendants were found guilty of rape, murder, unnatural offences and destruction of evidence.[121] The four men faced the death penalty, and demonstrators outside the courthouse called for the hanging of the defendants.[116][122] The victim's father also called for the defendants to be hanged, stating, "We will get complete closure only if all the accused are wiped off from the face of the earth."[120] Lawyers for three of the four stated that their clients intended to appeal the verdict.[116] The four men were sentenced on 13 September to death by hanging.[12][123] Judge Yogesh Khanna rejected pleas for a lesser sentence saying the case has "shocked the collective conscience of India" and that "courts cannot turn a blind eye to such crimes."[11][13] The victim's family was present for the sentencing and her mother expressed satisfaction over the verdict saying, "We were waiting with bated breath, now we are relieved. I thank the people of my country and the media."[124] After the verdict was delivered, the people waiting outside the courtroom applauded.[124]
Government authorities and the victim's mother alleged that the four convicts were "intentionally delaying" and "frustrating" the legal process in this case by filing their pleas in stages, so that the execution could be postponed.[143] Under prison rules, if any one particular case results in more than one death penalty conviction (as here) and any one of those convicted in the case petitions for a mercy plea, the execution dates of all others convicted in the case must be postponed until a decision is made on the pending mercy plea.[143]
On 17 January, convict Pawan appealed to the Supreme Court against the Delhi High Court order that rejected his claim that Pawan was a juvenile during the crime in 2012.[139] On 31 January, a Delhi court stayed the death warrant. The judge did not issue a fresh warrant for their execution. The lawyer cited Rule 836 of the prison manual which says that in a case where more than one person has been sentenced to death, the execution cannot take place unless all the convicts have exhausted their legal options.[146]
The following day a large number of people staged protests near Jantar Mantar, New Delhi.[187] There were minor clashes between some groups of protesters and the police; the police then removed some protesters from the area.[187] One group of protesters also observed a one-day hunger strike at Jantar Mantar.[187] 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.[187] Some of the protesters drew graffiti and slogans on papers spread on the road, condemning the incident and demanding stricter laws and speedy judgement.[188] The BJP renewed its demand for a special parliament session to discuss the case and to adopt stricter laws on crime against women.[59]
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.[192]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.[193] Only one of the 706 rape cases filed in Delhi in 2012 saw a successful conviction against the attacker.[80] 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.[190] The regional programme 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.'"[194]
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