The-Nirbhaya-Act-ppt1.pptx for engineering students

NEW DELHI: A Delhi court Wednesday on directed Tihar jail authorities to seek response from four death row convicts in the 2012 Nirbhaya gang rape-and-murder case whether they are filing mercy pleas against their executions with the President of India.
The development assumes significance as the Supreme Court today dismissed the plea to review death penalty of Akshay Kumar Singh, one of the four convicts, saying there was no merit in the case.
While the apext court upheld the death penalty to the convicts in the brutal gangrape and murder case of Nirbhaya, negligible use of Nirbhaya fund and poor implementation of Nirbhaya Act continues to haunt the nation.
What is Nirbhaya Fund?
The Nirbhaya Fund was created to be utilised for projects specifically designed to improve the safety and security of women in public places. Over the past six years, the corpus has increased to Rs 3,600 crore. Though the fund was instituted in 2013, its disbursement gathered pace only from 2015. The key schemes under which the states have been allocated money include emergency response support system, central victim compensation fund, cybercrime prevention against women and children, one-stop centre scheme, mahila police volunteers and universalisation of women helpline scheme.
Has the Nirbhaya fund been properly utilised?
An analysis of government data on Nirbhaya Fund submitted in the Lok Sabha for women safety projects, shows that of the Rs 2,264 crore (63% of the corpus of Rs 3,600 crore) allocated to states and UTs, around 89% of the sanctioned funds was not used. Shockingly, none of the states has utilised over 50% of the allocated fund. While Uttarakhand and Mizoram top the list with 50% utilisation, followed by Chhattisgarh (43%), Nagaland (39%) and Haryana (32%), Maharashtra reported zero utilisation of the fund. In fact, utilisation in 18 states and UTs were found to be less than 15%. Notorious for crime against women, Delhi reported only 5% utilisation.
What is Nirbhaya Act?
After Nirbhaya gang rape in 2012, in 2013 amendments were made to the Criminal law to lay down stringent punishments to deal with sex crimes against women, which is why the Criminal Law (Amendment) Act, 2013, popularly came to be known as the 'Nirbhaya Act'. The new law redefined rape to include other acts in addition to vaginal penetration like penetration of penis into the vagina, urethra, anus or mouth; or inserting any foreign object or any other part of the body into vagina, uretha or anus of another woman. The new Act also recognised certain acts as offences which were hitherto dealt separately under IPC. These are acid attack (Sec 326A), attempt to acid attack (Sec 326B), sexual harassment (Sec 354A), act with intention to disrobe a woman (Sec 354B), voyeurism (Sec 354C), and stalking (Sec 354D).
What is Nirbhaya Fund?
The Nirbhaya Fund was created to be utilised for projects specifically designed to improve the safety and security of women in public places. Over the past six years

1. The Nirbhaya Act: Landmark Legislation for Women's Safety The Nirbhaya Act, also known as the Criminal Law (Amendment) Act of 2013, was a groundbreaking piece of legislation passed in India in response to the horrific Nirbhaya gang rape case. This act aimed to strengthen laws and provide stronger protections for women against sexual violence.

2. Overview of the Nirbhaya Case The Nirbhaya case, which occurred in 2012, sparked nationwide outrage and brought the issue of sexual violence against women to the forefront. The brutal gang rape and murder of a young woman in Delhi, known as "Nirbhaya," led to widespread demonstrations and the demand for legal reforms.

3. Key Provisions of the Act 1 Expanded Definition of Rape The act broadened the definition of rape to include new forms of sexual assault, such as acid attacks and voyeurism. 2 Increased Punishment The act introduced stricter punishments, including the death penalty for the most serious offenses. 3 Victim Protection The act included provisions for protecting the identity of victims and providing them with legal aid and support services.

4. Amendments to Criminal Laws New Offenses The act introduced new offenses, such as stalking, voyeurism, and acid attacks, and prescribed punishments for these crimes. Expanded Definition of Rape The definition of rape was expanded to include non-penetrative sexual acts, such as oral sex and the insertion of objects into the victim's body. Increased Penalties The act increased the minimum and maximum sentences for sexual offenses, with the death penalty being a possibility for the most severe cases.

5. Establishment of Fast-Track Courts 1 Rapid Adjudication The act mandated the establishment of fast-track courts to ensure the speedy trial of sexual offense cases. 2 Reduced Backlog These courts aimed to address the backlog of cases and provide timely justice for victims of sexual crimes. 3 Improved Conviction Rates The fast-track courts were expected to improve conviction rates and deter future incidents of sexual violence.

6. Stricter Punishment for Sexual Offenses Imprisonment The act introduced stricter punishments, including life imprisonment and the death penalty for the most heinous sexual offenses. Fines Offenders are also liable to pay hefty fines, which can be used to support the rehabilitation and compensation of victims. Strict Enforcement The act also called for the strict enforcement of these penalties to deter potential offenders and ensure justice for victims.

7. Victim Rehabilitation and Support Legal Aid The act mandated the provision of free legal aid to victims of sexual offenses to ensure they can effectively navigate the legal system. Counseling and Support The act also called for the establishment of support services, including counseling and rehabilitation programs, to help victims cope with the trauma and rebuild their lives. Compensation Victims of sexual crimes are entitled to receive financial compensation to aid in their recovery and to help cover medical and other expenses. Victim Protection The act included measures to protect the identity and privacy of victims, ensuring their dignity and safety throughout the legal process.

8. Challenges and Ongoing Debates Implementation Challenges The effective implementation of the Nirbhaya Act has faced various challenges, including inadequate resources, slow judicial processes, and persistent societal attitudes. Debate on Death Penalty The inclusion of the death penalty as a punishment has sparked ongoing debates about its effectiveness, ethics, and impact on the criminal justice system. Need for Comprehensive Reforms Many experts argue that the Nirbhaya Act, while a significant step forward, is just one part of a larger need for comprehensive legal, social, and institutional reforms to address the root causes of sexual violence in India.