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Mukesh Singh, Pawan Gupta and Vinay Sharma confessed to the crime at the Saket court on 19 December 2012. The court remanded Pawan and Vinay to police custody for four days, while Mukesh was sent to judicial custody for fourteen days. Vinay Sharma confessed to beating the male victim, and has requested that he receive ]. The third accused, Mukesh Singh, did not confess, but agreed to undergo identification testing by the male victim.{{citation needed|date=December 2012}} Mukesh Singh, Pawan Gupta and Vinay Sharma confessed to the crime at the Saket court on 19 December 2012. The court remanded Pawan and Vinay to police custody for four days, while Mukesh was sent to judicial custody for fourteen days. Vinay Sharma confessed to beating the male victim, and has requested that he receive ]. The third accused, Mukesh Singh, did not confess, but agreed to undergo identification testing by the male victim.{{citation needed|date=December 2012}}


The juvenile is subject to a separate legal process. The five adult accused all face charges under the following ] sections:<ref>{{cite web | url=http://www.hindustantimes.com/India-news/NewDelhi/Delhi-gangrape-Sixth-accused-sent-to-police-custody-for-a-day/Article1-981568.aspx | title=Delhi gangrape: Sixth accused sent to police custody for a day | publisher=Hindustan Times | date=27 December 2012 | accessdate=28 December 2012}}</ref> The juvenile is subject to a separate legal process. The five adult accused could face charges under the ]<ref>{{cite web | url=http://www.hindustantimes.com/India-news/NewDelhi/Delhi-gangrape-Sixth-accused-sent-to-police-custody-for-a-day/Article1-981568.aspx | title=Delhi gangrape: Sixth accused sent to police custody for a day | publisher=Hindustan Times | date=27 December 2012 | accessdate=28 December 2012}}</ref>

*307 (attempt to murder)
*365 (kidnapping or abducting)
*376 (2)(g) (gang rape)
*377 (unnatural offences)
*394 (hurting in committing robbery)
*34 (common intention)
The police promised to file the charge sheet within one week, following public outrage and demand for a speedy trial and prosecution.<ref>{{cite web|url=http://www.thehindu.com/news/national/rape-case-delhi-turns-fortress-2-acps-suspended/article4234255.ece | title=Rape case: Delhi turns fortress, 2 ACPs suspended | accessdate= 24 December 2012}}</ref> The police promised to file the charge sheet within one week, following public outrage and demand for a speedy trial and prosecution.<ref>{{cite web|url=http://www.thehindu.com/news/national/rape-case-delhi-turns-fortress-2-acps-suspended/article4234255.ece | title=Rape case: Delhi turns fortress, 2 ACPs suspended | accessdate= 24 December 2012}}</ref>



Revision as of 03:07, 29 December 2012

This article may be affected by a current event. Information in this article may change rapidly as the event progresses. Initial news reports may be unreliable. The last updates to this article may not reflect the most current information. Please feel free to improve this article (but note that updates without valid and reliable references will be removed) or discuss changes on the talk page. (December 2012) (Learn how and when to remove this message)
2012 Delhi gang rape case
Date16 December 2012; 12 years ago (2012-12-16)
Time9:30 pm IST (UTC+05:30)
LocationDelhi, India
Suspects
  • Ram Singh
  • Mukesh Singh
  • Vinay Sharma
  • Pawan Gupta
  • Raju
  • Akshay Thakur
Charges
  • Indian Penal Code sections
    • 365 (kidnapping or abducting)
    • 376 (2)(g) (gang rape)
    • 377 (unnatural offences)
    • 394 (hurting in committing robbery)
    • 34 (common intention)

A female physiotherapy student was beaten and gang raped in Delhi on 16 December 2012, and died thirteen days later undergoing emergency treatment in Singapore for brain and gastrointestinal damage from the assault. The female victim and a male companion boarded a bus in South Delhi in the evening after watching a movie. The woman and her companion were assaulted by the other five passengers. She was treated at Safdarjang Hospital, receiving multiple surgeries, and placed on mechanical ventilation. On 26 December, she was moved to Singapore for further treatment, and died on 29 December.

As of December 21, 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”.

At the suggestion of Sheila Dikshit, Delhi Chief Minister, five fast-track courts were approved to try the rape cases. On 21 December 2012, the government promised to file the charge sheet “quickly” and seek the maximum penalty of life imprisonment for the perpetrators. The Union Parliament’s Standing Committee on Home Affairs met on 27 December 2012 to discuss the issue, with summonses for Union Home Secretary R. K. Singh and Delhi Police Commissioner Neeraj Kumar.

Incident

The victims, a 23-year-old physiotherapy student and her male friend, were on their way home after watching a movie in Saket in South Delhi. They boarded a bus that was being driven by joyriders at about 9.30 pm. The woman became suspicious when the bus deviated from its normal route and its doors were shut. When she objected, the group of six men already on board taunted the couple, asking what they were doing alone at a late hour.

When the victim's friend tried to intervene, he was beaten, gagged and knocked unconscious with an iron rod. The men then dragged the woman to the rear of the bus beating her with the rod and raping her while the bus drove. Medical reports later suggested that the woman suffered serious injuries to her abdomen, intestines and genitals due to assault and penetration using a blunt object suspected to be the same rod. That rod was later described by police as being a rusted, L-shaped implement of the type used with a wheel jack. After the beatings and rape ended, the gang threw the two from the moving bus, and one of the perpetrators later cleaned the vehicle. Police impounded it the next day.

The woman and her companion were found by a passerby on the road, partially clothed and unconscious, around 11 pm. The passerby phoned Delhi Police, who took the couple to hospital, where the woman was given emergency treatment and placed on mechanical ventilation.

Victims

The female victim was from the Ballia district of Uttar Pradesh. Her male friend was 28 years old, from Gorakhpur, Uttar Pradesh, and lives in Ber Sarai, New Delhi. Pseudonyms have been used for the female victim, including Amanat, Nirbhaya (fearless one) and Damini (after the 1993 Hindi film Damini).

On 19 December 2012, the damaged intestines of the victim were resected due to risk of gangrene, and she received intravenous nutrition and medication. On 21 December 2012, Delhi appointed a committee of physicians to ensure she received the best medical care. 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, suggesting hepatic dysfunction or hemolysis were a "serious cause of concern". She was then flown to Singapore for further care, a decision made during a cabinet meeting chaired by Manmohan Singh. On 28 December 2012, 11 a.m. (IST), her condition was "extremely critical" and the Chief Executive Officer of the Mount Elizabeth Hospital, where she was being treated, said that the woman suffered brain damage, pneumonia, abdominal infection, and that she was "fighting for her life." Her condition continued to deteriorate, and she died at 4:45 AM on 29 December Singapore Standard Time (2.15 am IST, 8.45 pm on 28 December UTC).

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, as was Pawan Gupta, a fruit seller; Raju, a minor, who was detained by the police in Budaun, Uttar Pradesh; and Akshay Thakur, a man who had gone to Delhi seeking work, who was arrested in Aurangabad in Bihar.

Ram Singh was the first to be arrested, and presented before the Metropolitan Magistrate on 18 December 2012.

Mukesh Singh, who was placed in Tihar Jail after his arrest, was assaulted by other inmates and reportedly forced to consume human excreta and urine. Following the incident, jail authorities placed him in solitary confinement for his own protection.

Prosecution

The male victim testified in court on 19 December. 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.

Mukesh Singh, Pawan Gupta and Vinay Sharma confessed to the crime at the Saket court on 19 December 2012. The court remanded Pawan and Vinay to police custody for four days, while Mukesh was sent to judicial custody for fourteen days. Vinay Sharma confessed to beating the male victim, and has requested that he receive capital punishment. The third accused, Mukesh Singh, did not confess, but agreed to undergo identification testing by the male victim.

The juvenile is subject to a separate legal process. The five adult accused could face charges under the Indian Penal Code

The police promised to file the charge sheet within one week, following public outrage and demand for a speedy trial and prosecution.

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 this matter is scheduled for 9 January 2013. 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. On 24 December 2012, two Assistant Commissioners of Police were suspended for failing to prevent the gang rape incident.

Public protests

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 prime minister. Thousands of protesters clashed with police, overturned cars, and battled Rapid Action Force units. Demonstrators were beaten with bamboo sticks, shot with water cannons and tear gas shells, and arrested.

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

Black dot used to replace profile images in protest on Facebook and WhatsApp.

Similar protests have occurred throughout the country. More than 600 women belonging to various organisations demonstrated in Bangalore. Thousands of people silently marched in Kolkata. 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. Tens of thousands have signed an online petition protesting the incident.

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.

During a public protest, a policeman named Subhash Tomar collapsed and later died in hospital. Two witnesses claim that Tomar collapsed without being hit by any protesters, while a third disputes that. 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 injuries that he suffered on his chest and knee. Some experts state that his chest injuries may have been caused during administering CPR.

In Manipur, a journalist was killed as police opened fire during a violent protest.

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. 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 Hills 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 section 144, which disallows assembly of groups larger than five, curfew was imposed near the presidential residence.

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, as also enhanced punishment for criminals accused of committing sexual assault of an extreme nature against women."

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.

Appeal by Prime Minister

On 24 December 2012, in his first official reaction after the incident, the 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".

Controversy arose when, after delivering the written speech live on television, the Prime Minister was heard asking his staff theek hai? (is it all right?), while still on air. Social media flooded with satirical posts criticising the sign-off of the Prime Minister. The hashtag #TheekHai became the top trending term on Twitter in India for that day.

Reactions

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". Sonia Gandhi visited the Safdarjang Hospital and met doctors on duty in the anaesthesia and surgery departments for an update on the victim. 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". 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”. 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."

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. She said that senior police officials should be accountable for failure to take sufficient measures to stop such incidents. At her suggestion, five fast-track courts were established to process the current cases.

See also

References

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  3. NDTV 2012a.
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