Dr Md. Quyamuddin, JR-3rd, Dept. of Community Medicine, JNMCH, AMU, Aligarh,
Anam Fatima, Undergraduate, BUMS, Aligarh Unani Medical College & ACN Hospital
Dr Altha Assis, JR-3rd, Dept. of Community Medicine, JNMCH, AMU, Aligarh
ABSTRACT
It has been nearly 12 years since the harrowing gang rape of Nirbhaya, a physiotherapy student, on December 16, 2012, in New Delhi, the capital of India. The legal and policy reforms ignited by the Nirbhaya case signify a pivotal juncture in the ongoing quest for justice for survivors of gender-based violence in the country. Notable reforms include the Criminal Law (Amendment) Act, 2013, and the “Guidelines and Protocols: Medico-Legal Care for Survivors/Victims of Sexual Violence,” released by the Ministry of Health and Family Welfare in March 2014. By March 2018, it had been four years since the issuance of these guidelines and nearly 10 years since the enactment of the Criminal Law (Amendment) Act. Commemorating Nirbhaya necessitates the effective execution of these legal reforms, bolstered multisectoral responses, and genuine efforts to combat crimes against women, gender and sexual minorities, and children.
This paper scrutinizes the issue by meticulously analysing recent rape cases, police responses, court rulings, research studies, news coverage, and field observations. It underscores the persistent gaps in implementation that obstructs the effectiveness of these progressive policies and reforms. Given the intersectoral nature of the reforms, their implementation has proven particularly challenging. Inadequate execution of these policies effectively denies survivors their fundamental right to justice.
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