The Shakti Mills gang rape case in Mumbai in 2013 was so shocking that it shocked the whole country. A vicious attack happened on a photographer interning for an English-language magazine who was 22 years old. She was a driven young woman who wanted to work as a journalist and was known for his dedication to his work. As part of her job, she went to the abandoned Shakti Mill complex in South Mumbai on August 22, 2013, with a man coworker.
Five guys in their early 20s, including a young man, attacked the two while they were in the shakti mill. The accused tied up her coworker with his own belt, hit him, and then tied him up with his own belt. He then turned around and raped her. The attackers threatened to post pictures of the attack on social media if she reported the crime, which made her feel even more scared. This piece of story looks at the Shakti Mills Gang Rape case and shows how it changed the law and has had a long-lasting effect on India’s fight against gender-based violence in India.
Another Tragic Event of Rape in Shakti Mill: This was not the first attack at Shakti Mills. A few weeks before, on July 31, 2013, an 18-year-old worker who work at a call centre was also gang-raped in the same place. This event became public after the photographer bravely wrote about her experience.
The court case moved quickly. A court in Mumbai found all five of the adults responsible guilty on March 20, 2014. Not long after, on April 4, 2014, three of the repeat offenders in the photojournalist’s case were given the death penalty. Another suspect was given a life sentence, and the fifth one cooperated with the police had become an approver.
The Bombay High Court commuted the death sentences of three people on November 25, 2021, to life imprisonment. This means that the prisoners will spend the rest of their natural lives in jail.
In two different trials, the Juvenile Justice Board tried two minors, one in each case. The teens were found guilty on July 15, 2015, and given the harshest punishment possible under Indian law: three years in a reform school.
Immediate public and political parties outcry On shakti Mill Gang Rape Case
Naresh Agarwal, a Samajwadi Party (SP) MLA who later joined the BJP, caused a stir after the brutal Mumbai gang-rape by saying that women should be careful about what they wear to stop rape crimes from happening against them. Also, Agarwal said that women should not let TV too much affect them.
When SP chief Mulayam Singh Yadav talked about rape cases on April 10, 2014, he caused a stir. He said “when boys and girls have disagreements, the girl might claim ‘the boy raped me,’ leading to the boy facing a death sentence.” Speaking about the Mumbai gang rape, Yadav said, “After their differences, the girl accused the boys of rape, and as a result, three of them have been sentenced to death. Should such cases result in hanging? Boys are boys; they make mistakes.”
Details of Incident: Background of the Victim
A photographer who was 22 years old and working as an intern for a magazine in Mumbai was raped by a group of people in Shakti Mills. She was smart and ambitious, and she was known for her hard work. On August 22, 2013, she and a male coworker were sent to Mumbai to take pictures of abandoned buildings. Their search led them to Shakti Mills, a closed textile plant in an empty part of the city.
The plant, which used to be a successful business hub, had become a dangerous place over the years because it was isolated and some antisocial elements living nearby. On that fateful day, while they were absorbed in their work, the victim and her colleague were attacked by a group of men on that terrible day. At first, the attackers claimed to be worried about them being in such an isolated place, and then they accused them of trespassing. What happened next was horrifying: the woman was beaten up, dragged to a quiet spot in the mill, and raped by five men in a brutal group attack.
The attackers held down the male coworker with his own belt and then turned their attention to the photographer, hitting her while holding a broken beer bottle to her throat to keep her quiet. After the attack, they made her clean up and also used a cell phone to take two pics of her. Then they told her they would post these pics on social media if she told anyone about the attack.
After the attack, the attackers took the woman back to where her coworker was being held down. Around 7:15 p.m., they led both to the nearby railroad tracks and told them to stay there. After the attackers left, the woman told her coworker that the five men had raped her six times and that she needed medical help right away. When they got to Mahalaxmi station, her male coworkers called their boss and asked for help. After that, they took a cab to Peddar Road’s Jaslok Hospital. The girl, who was bleeding a lot, called her mother to come get her when she got to the hospital. She was accepted right away and started getting medical care. The following day, on 26 August, she gave her statement to the police and was discharged on the night of 27 August.
In a strong statement to the media from her hospital bed, the victim said, “I want no other woman in this city and country to go through such a brutal physical humiliation. Perpetrators should be punished severely as they have ruined my life. No punishment short of a life sentence will take away my pain and humiliation and physical abuse I underwent. Rape is not the end of life. I will continue fighting.” She also said, “I want to join duty as early as possible.” Nirmala Samant Prabhawalkar, a member of the National Commission for Women, visited the victim in the hospital and said that she stayed calm and strong while she was still recovering from her injuries and trauma.
Another Incident of Gang rape on Shakti Mill
There was another victim on September 3, 2013. She was a 19-year-old telephone operator who said she had also been raped by five men at the Shakti Mills property on July 31, 2013. Surprisingly, three of these men were also charged in the case of the photographer. The accused person came up to the phone operator and her boyfriend when they were at the Shakti Mills complex. Like the first time, the men tied up and beat her friend before raping her all at once. The two victims of the attack ran away to Chhattisgarh without reporting the crime because they were afraid of getting in trouble. When the case was finally reported, the Mumbai Police did a “two-finger test” on the telephone operator to see if she had a hymen as proof of sexual activity. This was done even though the Maharashtra Government Resolution from May 10, 2013, said the test was humiliating, crude, and medically unnecessary.
This event not only brought to light serious problems with women’s safety in cities, but it also caused a lot of anger and led to major changes in India’s laws, especially when it comes to sexual abuse, medical exams (the “two-finger test”), and women’s safety.
Charges Filed Against the Accused and Trial Proceedings in Shakti Mill Rape Case
In this case, the accused was facing a number of serious charges, which were outlined in the court papers. There were specific accusations behind each charge, and the details gave a full picture of the types of crimes that were supposedly committed.
The Mumbai Crime Branch officially charged four adults on September 19, 2013, in a case that got a lot of attention. A child who was involved in the case was charged and sent to juvenile court. The adult accused were charged under several sections of the Indian Penal Code (IPC):
- Section 376(d), Gang Rape: This section refer to to the crime of gang rape, where multiple individuals participate in the assault. It is a serious offense that involves the collective act of sexual violence by more than one perpetrator.
- Section 377, Unnatural Offense: This section deals with unnatural offenses, which includes acts of sexual violence or exploitation that deviate from the norm, such as sexual acts against the order of nature.
- Section 120(b), Criminal Conspiracy: This section addresses criminal conspiracy, which involves an agreement between two or more persons to commit a criminal offense. It is used when the accused are found to have planned and executed the crime together.
- Sections 342 and 343, Wrongful Restraint and Wrongful Confinement: Section 342 covers wrongful restraint, where an individual is unlawfully prevented from moving freely. Section 343 deals with wrongful confinement, which involves keeping someone confined against their will.
- Section 506(2), Criminal Intimidation: This section addresses criminal intimidation, where the accused threatens another person with harm to instil fear or compel them to act in a certain way.
- Section 34, Common Intention: This section relates to actions carried out by multiple individuals with a common intention. It is applied when the accused share a unified purpose in committing the crime.
- Section 201, Destruction of Evidence: This section deals with the destruction or concealment of evidence with the intention of preventing its discovery and thereby obstructing justice.
- Section 67A: Additionally, the prosecution sought to include a charge under Section 67A of the Information Technology Act. This section refer to the punishment for publishing or transmitting material containing sexually explicit acts in electronic form. This charge was specifically relevant to Ansari, who was accused of showing pornographic clips to the survivor.
Trial Proceedings: The trial proceedings began on October 14, 2013, as ordered by the sessions court. The court set a fast-track timeline for the case, aiming to complete the trial within 60 days. Shalini Phansalkar-Joshi, the Principal Sessions Judge, presided over the case, with special public prosecutor Ujjwal Nikam representing the prosecution. The trial was to proceed on a regular basis.
Significant Moments in the Trial
- October 14, 2013: The first day of the trial saw statements from three independent witnesses, known as panch witnesses.
- October 15, 2013: The mother of the photojournalist, who was a victim in the case, gave a distressing two-hour deposition. Her testimony was marked by deep emotional distress. The photojournalist’s boss also testified on the same day.
- October 17, 2013: The 22-year-old photojournalist testified in court, identifying her assailants during a four-hour deposition. The trial proceeded with measures to ensure her comfort and security, including the provision of a partition to separate her from the accused.
- October 30, 2013: The telephone operator, who was a witness, provided her testimony. Despite initial distress, she was able to identify four of the accused after regaining her composure.
- November 20, 2013: The friend of the telephone operator, who was present during the assault, gave her testimony.
- January 13, 2014: The photojournalist’s male colleague testified on-camera, identifying all the accused.
Juvenile Convictions: The Juvenile Justice Board found the two minor criminals guilty of the crimes on July 15, 2014. Under Indian law, they were given the harshest punishment possible for young offenders for three years in a reform school in Nashik.
This organized way of running the trial made sure that every part of the case was carefully looked at, and the tight timeline made the seriousness and complexity of the case stand out.
Trial of the Telephone Operator’s Deposition (October 30, 2013)
- The telephone operator testified in court but became distressed, weeping and trembling.
- To alleviate her fear, the judge ordered a partition between her and the accused.
- Once she calmed down, she was able to name four of the five charged people who were in the courtroom.
The testimony of a friend (November 20, 2013) of a telephone operator
• The friend of the telephone operator who was there during the attack gave his testimony.
Convictions of Juveniles (July 15, 2014) in Shakti Mill Case
According to Indian law, the highest sentence for juvenile criminals is three years at a reform school in Nashik. Two juvenile offenders were found guilty by the Juvenile Justice Board.
The court found all five of the adults guilty on 13 counts on March 20, 2014. Among these were charges of gang rape, damaging evidence, assault, unnatural sex, common purpose, having sex outside of marriage, and criminal plot under different Sections of the Indian Penal Code (IPC) and the Information
Technology Act. Ujjwal Nikam, the Special Public Prosecutor, said, “These accused have a criminal tendency and should be given the harshest punishment possible. This will serve as a deterrent.”
In both gang rape cases, Vijay Jadhav, Mohammad Qasim Shaikh, and Mohammad Salim Ansari were found guilty. In the cases involving the photographer and telephone operator, Siraj Khan and Mohammad Ashfaque Shaikh were also found guilty.
On March 21, the next day, four of the people charged in the case involving the phone operator were given life sentences by a court in Mumbai. Principal Session Judge Shalini Phansalkar-Joshi said, “The manner in which the offence was committed reflects the depravity of the accused. The crime was not an impulsive act, but the premeditated outcome of a criminal conspiracy. They sexually ravished the girl and left her in a pathetic state. A proper signal must be sent out to society. Even if in this case the accused are not reformed, others like them will be deterred. In some cases, mercy is justified. But in this case, it would be misplaced and would be a mockery of justice.”
Vijay Jadhav, Mohammad Qasim Shaikh, and Mohammad Salim Ansari were found guilty of both gang rapes on April 4, 2014. Prosecutor Ujjwal Nikam then asked that charges be added under Section 376E of the Indian Penal Code (IPC). After the Delhi gang rape, the Criminal Law (Amendment) Act added this part in 2013. It lets the death sentence be used for people who have been convicted of rape more than once. Nikam wanted the maximum punishment, saying, “The accused are sex-starved goons in shape of humans. They deserve maximum sentence. Any leniency shown to the accused would be a mockery of justice. Their crime has shocked collective consciousness.”
The court put to death the three repeat criminals on the same day for their parts in the photographer rape case. This was the first time in India that someone was put to death for rape under Section 376E of the IPC. Siraj Khan, the fourth person found guilty in the photojournalist case, was given a life term in jail.
In imposing the death penalty, Principal Sessions Judge Shalini Phansalkar-Joshi said, “Mumbai gang-rape accused have least respect for law. They do not have potential for reformation as per facts of case. The suffering that gang-rape survivor and her family has undergone is unparalleled. Mumbai gang-rape accused were emboldened since law enforcing agencies had not caught them. If this is not the case where death sentence prescribed by law is not valid, which is? Exemplary and rarest of rare punishment is required in the case.” She added, “The gang-rape accused were not only enjoying the act of sexual assault but also the survivor’s helplessness. It was executed in the most gruesome manner with no mercy or show of human dignity to the survivor. The accused were acting in pursuance of criminal conspiracy as judicially proved.”
People defending the inmates said that their low income and “deprivation of basic fundamental rights” should be taken into account. Judge Joshi said, “Conviction cannot depend on the social and economic status of the victim or the accused, and the accused’s race, caste, or creed cannot be taken into account.” She also said, “The depravity of their character is shown by the fact that they enjoyed the act. They did not commit the crime under any duress or compulsion. They had enjoyed the act. This was a case where the accused were completely unprovoked.” The judge did not believe the defence’s claim that the lack of physical injuries made the crime less serious. She asked if this meant that the accused had “done some charity by letting her leave uninjured.”
Judge Joshi said, “This court had an opportunity to understand the trauma as she recalled them at the time of her testimony in the court. Questions like whether she has suffered any injuries are irrelevant and her trauma cannot be overlooked. Her testimony and her mother’s deposition in the court clearly tell how heinous the crime was.” Denying the plea for leniency, the judge said, “A defenceless, harmless victim was raped by the accused unprovoked … This did not happen because of some momentary lapse.” The court praised the victim’s bravery, “This case would have also gone unreported if the victim had not come ahead and complained to the police. She took a bold step and lodged the complaint. Because of her, this and the other crime [the telephone operator case] came to light.”
Bombay High Court’s Reduction of Death Penalty to Life Imprisonment
On November 25, 2021, the Bombay High Court changed the death punishments of three rapists to life in jail. A split bench made this ruling. It was made up of Justices Sadhana Jadhav and Prithviraj Chavan. The judges said, “While setting aside the death penalty, it may appear to the public that we are taking a counter-majoritarian stance. However, Constitutional Courts must adhere to the judicial mandate, which involves following the procedure established by law, rather than merely considering individual rights or the rights of the criminal.” They added, “Section 376E of the Indian Penal Code is not a substantive offense but rather a punishment for repeat offenders under Sections 376D, 376DA, and 376DB. It should not be interpreted to imply that a new offense must occur after the first conviction, as suggested by Section 75 of the Indian Penal Code. Instead, it allows for the death penalty in cases tried after a prior conviction for a similar offense.”
“While the crime is undeniably barbaric and heinous, it cannot be said at the outset that the only appropriate punishment is the death penalty,” the Court said. They stressed that death takes away all chances for repentance, pain, and mental anguish.
“The conduct of the accused, and their bold confession to the survivor that she is not the first one to satisfy their lust, is sufficient to hold that there is no scope for ‘reformation’ or ‘rehabilitation’.”
But the Court said there was no way the prisoner could be freed early. It said, “In light of the facts of this case, the convicts deserve rigorous imprisonment for life—meaning the entirety of their natural lives—as punishment for their crimes. The nature of the offense and the convicts’ admissions that they have targeted other victims reveal that they cannot be rehabilitated or reintegrated into society. Therefore, a sentence of rigorous imprisonment for the remainder of their lives, without the possibility of remission, parole, or furlough, is deemed appropriate to serve justice.”
Outcome and Justice Delivered in the Shakti Mills Gang Rape Case
Impact on Legal Reforms:
Laws or legal procedures changed: The case had a big impact on India’s legal reforms, which led to changes and tighter rules for sexual crimes. It was because of public outrage and the need for stricter laws against sexual violence that Section 376E of the IPC was added. This section gives the death sentence to repeat offenders. The case also showed how important it is to have fast-track courts and quick trials for such serious crimes, which led to changes in the law that make sure justice is done faster.
Influence on Future Rape Case Trials in India: This case changed how sexual assault cases are treated in India, especially those involving serious violence. It made a point of showing how important it is to protect victims during trials and how sensitively these cases should be handled so that the victims do not go through more stress. The case got a lot of attention, which made people talk about gender abuse and the responsibility of judges. This put more pressure on the court system to make sure that justice is done quickly and correctly.
The Case’s Role in Raising Social Awareness About Sexual Violence:
Increased Public Awareness: This case’s fame brought a lot of attention to the problem of sexual violence in India. The violent nature of the gang rape and the following court hearings got a lot of attention from the media. This led people all over the country to talk about how common sexual assault is and how the legal system is not doing enough to deal with these crimes. People became more aware of sexual abuse and called for stricter rules and better help for survivors.
Catalyst for Advocacy and Activism: As a result of the case, campaigners and advocacy groups trying to stop sexual abuse came together to support each other. People started protests, petitions, and campaigns to get justice for the victims and calling for systemic changes. The case got a lot of attention, which helped to start a larger movement to question social norms and push for better safety measures and changes to the law.
Long Term Effects on women’s safety in public places:
Stronger Legal Protections: Because of the case, there were major changes to the law that were meant to make women safer. Steps were taken to improve the law system for protecting women, such as making the penalties for sexual crimes stricter and setting up fast-track courts. These changes were meant to stop people from breaking the law in the first place and make sure that justice is done more quickly and correctly.
Actions to Raise Awareness and Improve Safety: The case made both government and non-government groups work harder to improve safety in public places. Better street lighting, the installation of security cameras, and higher safety standards for public transportation were all put in place to create a safer environment for women. More and more effort were made to respect to teach people about permission, respect, and gender equality. This helped change the culture so that women’s rights and safety were got greater respect.
The Enduring Legacy of the Shakti Mills Gang Rape Case in the Fight Against Gender-Based Violence
The Shakti Mills Gang Rape case is an effort to stop abuse against women in India. A big change in how society and the law deal with sexual abuse is what it leaves behind. The case not only showed how horrible these crimes really are, but it also led to big changes in how the law and society deal with gender abuse.
The mother of the telephone operator said that the criminals should have been given the death penalty or even harsher punishments because their crime was “a blot on society.” She stressed that freeing these rapists would only lead to more crime and send the wrong message to society. She also said it was important to treat all rape and molestation situations with the same level of seriousness.
Thinking about how the incident affected their lives, she said, “This incident has changed our lives. We live in a locality where word spreads very fast. Some of our neighbours have made our lives hell. They taunt us when we pass. While she has been struggling to overcome the trauma, the local boys have not been letting her do that. She is often chased by youths in the area. When we venture out for family functions, we feel the difference in our relatives’ approach towards us.”
She ended by saying that the speedy trial might have had something to do with the closeness of the 2014 elections.
Final Thoughts
The case of the Shakti Mills Gang Rape is a turning point in the fight against violence against women. Legal changes it led to, more public awareness it raised, and continued work to improve women’s rights and safety are some of the things that will always remember it. It is important to remember that we need to keep working to stop sexual abuse and promote gender justice, as this case shows.
