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Nirbhaya's Case: Certainly a rarest of rare case from social point of view
I was watching a TV debate on quantum of sentence to be given to the four accused in Nirbhaya gang rape and murder case, after they had been convicted guilty by a fast track court. All panellists except a human rights representative had argued for capital punishment citing 'the rarest of rare crime' criteria.

The human right activist who by default is against capital punishment, after being cornered raised a pertinent point! The Indian penal code says only in case of “rarest of rare crimes” capital punishment is to be sentenced. Nirbhaya case is not at all qualifies to be rarest of rare crime!

Neither I endorse human right activists’ demand to abolish capital punishment nor do I ever like their duality in case of killings by extremists!

 Sometimes due to their duality and bizarre comments like ‘We don’t endorse violence, yet such violence may be resulted due to state oppression’ often make me angry & think that they must be executed first as they advocate extremist’s heinous crime through stereotype defense!

Any way this is neither the debate of whether capital punishment should be scrapped or not, nor whether human right organizations have a stand point! My only confusion is about what the lady representative said with examples, that this case can’t be rarest of rare.

Despite my opposition to human rights activists, I am in no position to negate a point which is logical and has merits! Difference of opinion doesn’t mean that one should bulldoze a valid point!

Frankly that lady panelist has merit on her stand. Nirbaya Gang-rape followed by her murder is not at all rare in this country… forget about the rarest of rare! Gang rapes are very common in India, before and after Nirbhaya case! Heinous gang-rapes followed by torture and murder happens almost every day in India latest being the case of photo-journalist in Mumbai where she luckily survived!

I can recall a more horrible gang-rape and murder case in Odisha 30 years ago, where magnitude of brutality was much severe than Nirbhaya!

Chhabirani, a politician who was gang raped and murdered in most atrocious way due to political revenge while her husband & kids tied and helplessly witnessed such horror! Odisha high court too released all the convicts (by lower court) due to lack of evidence. After some 22 years Supreme Court reversed the High Court order & accused were rearrested at their old age and I believe still now the case is not disposed off!

If you go through news reports, almost every day you can find such incident which proves that the human right representative was not wrong in voicing her argument that the Case itself doesn’t carry merits of being the rarest of rare case & hence as per Indian panel code they (convicts) can’t be hanged! Even if lower court pronounces the capital punishment, they can have relief from higher courts!

This point has strong merit and disturbed me a lot as I realized that the accused/convicts at the moment may get away from capital punishment- if not in lower court but definitely in higher court! The only question struck to me “Is Nirbhaya Case doesn’t have merit to be considered to be rarest of rare?”
It took around two hours of intensive thought, brain storming and out of box thinking to find rarest of rare facts in Nirbhay case! I am just putting my point below for scrutiny of fellow readers & my friends. If found wrong, I may please be guided!

Nirbhay case for the first time compelled people to come out on street and start rejecting such crime in a very spontaneous way! All came to demand justice and defied police opposition. None stopped despite police lathi-charge, water cannon and none wanted to give space to political opportunism. This was unprecedented in history of India!

We can recall here the public protests which had made an impact during Jessica lal case but the demonstration was almost organized by media and the Supreme Court had to take contingence! (Refer ‘No One killed Jessica’). The culprits were taken in to custody and given life sentence!

Nirbhaya case compelled people to come out on streets by themselves with a conviction that enough is enough! Isn’t it rarest in rare…?

Police had to take strong initiatives and within a very short period not only arrested all the accused but also built the case very strongly with undeniable evidences. In Jessica case, its media which had arranged undeniable evidence which at least sentenced convicts to life imprisonment!

Government which otherwise remain ignorant of such cases was awaken in this case seriously. Verma Commission was set up immediately and following its recommendation, new law on sexual assault had been made in a record time.

Fast track courts in India generally dispose any case in about about three years, but in this case it took less than 9 months of the incident and around eight months after investigation to hold the accused guilty. Isn’t it unparalleled?

All the accused beg capital punishment at their first court appearance, though the juvenile accused and three out of four surviving accused withdrew their submission. One accused committed suicide! Isn’t such events are rarest of rare!

Things have changed very rapidly following Nirbhaya case as reporting of smaller cases even started flowing in. Some people think that rape cases have increased, but fact is that reporting has been increased! The mindset has changed in government, police and civil society!

Even in the latest case of photojournalist, police took strong case at the behest of the government and swiftly arrested the accused in days with watertight evidences. Fast track court was established   and justice is expected to prevail early! Public this time also come out in support of the victim shading the earlier mindset that rape victim might be at fault!

Thus, if closely scrutinized there are now two eras, one is pre-Nirbhaya and another is post-Nirbhaya! Nirbhaya case really has shaken the conscious and mind of civil society, governments and the police department. If such a case happens now, everybody is on toes to deliver the justice as soon as possible and the civil society immediately extends support to the victim with highest dignity!

Therefore this is the proof of ‘Rarest of rare change in character of every department of a polity, in society for its deep impact on conscious of people bringing a revolutionary change in the mindsets. She may be no more mortally but remain immortal in everybody’s heart for her courage.

The sentence is yet to be delivered by the court & whatever may be the sentence that is prerogative of the court; but I feel irrespective of it that this doesn’t change the fact that…. Yes, Nirbhaya's case is the rarest of rare case in terms of the change that followed it which otherwise would never be expected!

Thus I conclude that Nirbhaya's Case is definitely a rarest of rare case on social point of view though may not be from legal point of view! It’s now you all to decide whether I’m right or not! 

Editorial NOTE: This article is categorized under Opinion Section. The views expressed in this article are solely those of the author and do not necessarily represent the views of In case you have a opposing view, please click here to share the same in the comments section.
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