Nirbhaya case accused persons/ convicts execution – justice delayed

On Jun 1, 2019

Advocate Priti Sirohi

16 December, 2012, a day which is considered to be the darkest day in the history of mankind/ human civilization. A day that forced everyone to think that man becomes worst than animals when it comes to satisfying sexual desires. It was the day when a young girl, an aspiring Physiotherapist was brutally raped and assaulted in a moving bus in Munirka (Delhi).

Investigation proved that there were 6 people who raped her and tortured her and her friend with whom she was travelling. A lot of discussions, wide spread protests and some serious thinking was witnessed by the world as the incident generated national and international coverage and was condemned on the world platform.

Being in he legal fraternity I got the chance to read the case, and I also tried to follow it very closely. Some major amendments were done in the Code of Criminal Procedure, the Indian Penal Code and the Juvenile Justice Act, as it was found that the accused who was only 17 at the time of commission of the alleged crime was the most gruesome one and he played a major role right from convincing Nirbhaya to board that bus to finally dragging her and throwing her out of the same bus. He was the one who made this whole crime more brutal. Some serious loopholes were found in the policing as well as our society, as no played an active role in preventing the deterioration of the whole situation.

After a lot of blame game by the politicians and the society, the matter was sent to the fast track court. During the trial one of the accused person’s (driver of the bus) committed suicide in Tihar Jail, the Juvenile was sentenced 3 years imprisonment and was sent to the Juvenile rehab center and rest of the 4 accuseds were awarded death sentence in 2013.

It’s sad to say that the accused persons/ convicts are using the legal loopholes to delay the execution of the sentences, had this not been the reality then in a matter which was meant to be fast tracked execution might not have taken 6 years approximately. This is the only reason why rape cases have not stopped in our country, ans the situation is getting worst with every passing day.

I personally feel that such heinous offenders shall be deprived of their Human, Fundamental and Constitutional rights. Someone who deprived another human of her right to live a life of dignity shall not be allowed to use his rights for appeal and to file a mercy petition because these are just a means for delaying the execution of the sentence, and they are guilty of what they did.
As far as the Nirbhaya case is concerned, it’s high time that the sentences must be executed so that other such offenders have a fear of law and they will think of the consequences before committing such barbaric act. This I think would be real justice for Nirbhaya and other rape survivors.