Gang rape suspects in court as lawyers refuse defence
Five men face charges of rape, kidnapping and murder in a New Delhi court on Thursday for the assault on a bus of a 23-year-old woman who died of her injuries over the weekend. Lawyers have refused to defend the accused, saying it would be “immoral”.
Hearings will begin on Thursday at the Saket district court in south New Delhi where police are due to present a 1,000-page charge sheet against the six men accused in the fatal gang rape of a 23-year-old woman on a Delhi bus.
Lawyers for the court said on Wednesday that they will refuse to defend the accused men -- the bus driver, his brother and four of their friends, all residents of a south Delhi slum near the site of the attack.
“We have decided that no lawyer will stand up to defend the rape accused as it would be immoral to defend the case,” Sanjay Kumar, a lawyer and a member of the Saket District Bar Council, told AFP.
Kumar said the 2,500 advocates registered at the court have decided to "stay away" to ensure "speedy justice", meaning the government would have to appoint outside lawyers for the defendants.
Madan Lal, founder and president of the Saket Bar Association, explained that it was a “largely symbolic gesture” that reflected national horror at the appalling nature of the crime.
“But even if the police have a foolproof case that will lead to the severest of penalties, the accused have the right to free legal counsel, and they will get it,” he told FRANCE 24.
Five men are expected to face charges including rape, murder and kidnapping, with the prosecutor likely to seek the death sentence.
A sixth suspect is believed to be under 18 and would have to be tried at a juveniles' court. Police said Wednesday they were carrying out bone tests to determine his age.
'Turning point' for Indian rape victims
The brutal and horrific nature of the attack on the 23-year-old medical student led to protests across India over the widespread abuse of women and sex crime in India.
The unnamed victim died at a hospital in Singapore last weekend after a 13-day struggle to survive injuries so grievous that part of her intestines had to be removed.
She was repeatedly raped and violated with an iron bar on a bus on December 16 before being thrown from the moving vehicle at the end of a 40-minute ordeal. Her attackers then tried to run her over with the vehicle but she was pulled to safety by her boyfriend, who was also beaten in the attack.
Lal told FRANCE 24 on Thursday that he and other lawyers were confident that the huge attention that the case had brought would improve legal prospects for rape victims in a city where the vast majority go unreported – and those that do hardly ever lead to a conviction.
“I believe 100 percent that this case will prove to be a turning point in the way the legal system handles allegations of rape and sexual assault,” he said. “Until now, by the time cases come to court, witnesses often change their statements for social reasons, or if they have been paid off by their alleged attackers."
“But this case was so heinous in its cruelty and has attracted so much attention that I believe this will change. Victims will be more inclined to actually report attacks, and they will be more determined to stick to their stories when the cases go to court.
“The police will be more careful in following up the allegations, and judges will be more thorough and severe in the way these cases are handled once in court.”
In 2008, Indian lawyers also refused to defend a gunman who took part in attacks on Mumbai that killed 166 people, leaving him with a government-appointed lawyer. He was executed in November last year.
 |
| Indian women offer prayers for a gang rape victim at Mahatma Gandhi memorial in New Delhi, India, Wednesday, Jan. 2, 2013. Photo by AP. |
Lawyers for the court said on Wednesday that they will refuse to defend the accused men -- the bus driver, his brother and four of their friends, all residents of a south Delhi slum near the site of the attack.
“We have decided that no lawyer will stand up to defend the rape accused as it would be immoral to defend the case,” Sanjay Kumar, a lawyer and a member of the Saket District Bar Council, told AFP.
Kumar said the 2,500 advocates registered at the court have decided to "stay away" to ensure "speedy justice", meaning the government would have to appoint outside lawyers for the defendants.
Madan Lal, founder and president of the Saket Bar Association, explained that it was a “largely symbolic gesture” that reflected national horror at the appalling nature of the crime.
“But even if the police have a foolproof case that will lead to the severest of penalties, the accused have the right to free legal counsel, and they will get it,” he told FRANCE 24.
Five men are expected to face charges including rape, murder and kidnapping, with the prosecutor likely to seek the death sentence.
A sixth suspect is believed to be under 18 and would have to be tried at a juveniles' court. Police said Wednesday they were carrying out bone tests to determine his age.
'Turning point' for Indian rape victims
The brutal and horrific nature of the attack on the 23-year-old medical student led to protests across India over the widespread abuse of women and sex crime in India.
The unnamed victim died at a hospital in Singapore last weekend after a 13-day struggle to survive injuries so grievous that part of her intestines had to be removed.
She was repeatedly raped and violated with an iron bar on a bus on December 16 before being thrown from the moving vehicle at the end of a 40-minute ordeal. Her attackers then tried to run her over with the vehicle but she was pulled to safety by her boyfriend, who was also beaten in the attack.
Lal told FRANCE 24 on Thursday that he and other lawyers were confident that the huge attention that the case had brought would improve legal prospects for rape victims in a city where the vast majority go unreported – and those that do hardly ever lead to a conviction.
“I believe 100 percent that this case will prove to be a turning point in the way the legal system handles allegations of rape and sexual assault,” he said. “Until now, by the time cases come to court, witnesses often change their statements for social reasons, or if they have been paid off by their alleged attackers."
“But this case was so heinous in its cruelty and has attracted so much attention that I believe this will change. Victims will be more inclined to actually report attacks, and they will be more determined to stick to their stories when the cases go to court.
“The police will be more careful in following up the allegations, and judges will be more thorough and severe in the way these cases are handled once in court.”
In 2008, Indian lawyers also refused to defend a gunman who took part in attacks on Mumbai that killed 166 people, leaving him with a government-appointed lawyer. He was executed in November last year.
Leave your comment on this story