Juvenile convict in Delhi gang rape case to walk free on Sunday :
Opinion
18/12/2015
143.
Sub : Juvenile convict in Delhi gang rape case to walk free on Sunday
Ref :
1. Maneka renews plea to amend Juvenile Justice Act :
2. December 16 gangrape case: Delhi HC refuses to stop juvenile’s release\
3. Nirbhaya juvenile verdict: The youngest convict in the December 16 gangrape case will walk free on Sunday. The heinous incident took place in 2012.
4. Asha Devi, Victim's mother : "Jurm jeet gaya, hum haar gaye"
A.
Decks were cleared for the release on Sunday of the juvenile convict in the horrific December 16, 2012 gangrape case with the Delhi High Court today refusing to intervene, saying he cannot be stopped from walking free under the existing provisions of law.
The convict, now 20-year-old, is expected to walk out of the reformation home on December 20, at the end of his three- year jail term unless there is a stay from the Supreme Court. Brushing aside the public outcry against his release, a high court bench of Chief Justice G Rohini and Justice Jayant Nath directed the Juvenile Justice Board to interact with the convict, his parents and concerned officials of Department of Women and Child Development regarding his “rehabilitation and social mainstreaming”.
The bench said BJP leader Subramanian Swamy’s plea seeking stay on the release of juvenile convict cannot be allowed as the statutory and existing law was coming in its way. “Having regard to the fact that the maximum stay that can be directed in the Special Home under Section 15(1) of the Juvenile Justice Act is three years and that the convict would be completing the period of three years by December 20, 2015, there cannot be any direction to continue his stay in the special home beyond December 20. Hence, we decline to issue any direction as prayed by the petitioner,” the bench said while allowing the convict to walk free.
Six persons, including the juvenile, had brutally assaulted and raped a 23-year-old girl in a moving bus in south Delhi on December 16, 2012. The victim had died in a Singapore hospital on December 29, 2012. Mukesh, Vinay, Pawan and Akshay were awarded death penalty by trial court in the gang rape and murder case which was later confirmed by Delhi High Court. Their appeals are pending before the Supreme Court.
Accused Ram Singh had allegedly committed suicide in Tihar Jail on March 11, 2013, and proceedings against him were abated following his death. “Crime has won and we have lost (jurm jeet gaya, hum haar gaye)” was the immediate reaction of the family of the victim. “Despite all our efforts for three years, our government and our courts have released a criminal. The assurance we were given was that we will get justice but that has not been delivered. We are very disappointed.
“Although we haven’t seen him, not met him, but despite all our efforts, the criminal will walk free,” a dejected Asha Devi, mother of the victim, told reporters. The High Court said the issue of reformation of juvenile in conflict with law required deeper consideration and sought response of the Centre and Delhi government on the issue within eight weeks.
“The need for ascertaining the factum of reformation of the juveniles in conflict with law before they are released from the special home on expiry of the period of stay ordered by the JJ Board, is a larger issue of public importance which requires deeper consideration…” the bench said.
The release of the convict was also opposed by Centre which had said that several mandatory aspects were missing from the post-release rehabilitation plan which needed to be considered before setting him free. In his petition, Swamy had claimed that there is lacuna in the Juvenile Justice (Care and Protection of Children) Act 2000, as amended in 2011.
JJ Board had sentenced the juvenile three years detention in reformation home. In the petition, Swamy contended that “no provision has been made in the Act, to provide for vicious unregenerate convicted juveniles who despite having undergone the reformation process for the maximum penalty of three years custody in a special home, continue to be a menace to the society”…
“The question arises, in a very acute form, in the instant gangrape case, where the respondent no.1 (juvenile), one of the offenders, who was adjudged to be under eighteen years of age at the time of the offence, is about to complete the maximum period of the offence prescribed….,” the plea had said.
The Supreme Court had earlier rejected Swamy’s petition challenging the constitutional validity of the Juvenile Justice (Care and Protection of Children) Act 2000.
B.
The juvenile delinquent in the horrific December 16, 2012, gang rape case will be set free on Sunday after the Delhi High Court on Friday ruled that his three year detention in an observation home could not be extended after its completion.
Declining to issue any direction to continue the stay of the juvenile, who is now an adult, beyond December 20, a Division Bench of the High Court directed the Juvenile Justice Board of Delhi to interact with the boy, his parents and the Delhi government’s Women and Child Development Department officials about his post-release rehabilitation.
The petition seeking a stay on the release of the juvenile after the completion of his sentence was moved by BJP leader Subramanian Swamy, who claimed that the boy had been “radicalised” in the company of another boy accused in a terror case and lodged in the same observation home.
C.
Asha Devi
Victim's mother
"Jurm jeet gaya, hum haar gaye"
WHERE:This was the immediate reactions from the victim's mother, when reporters asked her opinion on the High Court's verdict.
A Bench comprising Chief Justice G. Rohini and Justice Jayant Nath said the Juvenile Justice Board will pass appropriate orders for “social mainstreaming” of the juvenile in accordance with the Juvenile Justice (Care and Protection of Children) Act and Rules.
In response to the petition, the Centre had sought extension of the juvenile’s stay in the observation home at Majnu Ka Tila in Delhi, till all aspects including his mental health and post-release rehabilitation plan were considered by the authorities. The court had also sought an Intelligence Bureau report, in a sealed cover, about him having been radicalised.
While asking the Union government and Juvenile Justice Board to file their response within eight weeks, the Bench directed that the Delhi government be impleaded as a respondent to the petition.
The court posted the case for further hearing on March 28, 2016, when it will consider the larger issue of ascertaining the facts about reformation of juveniles in conflict with law before they are released from special homes on the expiry of period of stay ordered by the Juvenile Justice Boards.
Victim's family disappointed
“Crime has won and we have lost (jurm jeet gaya, hum haar gaye)” was the immediate reaction of the family of the victim.
“Despite all our efforts for three years, our government and our courts have released a criminal. The assurance we were given was that we will get justice but that has not been delivered. We are very disappointed.
“Although we haven’t seen him, not met him, but despite all our efforts, the criminal will walk free,” a dejected Asha Devi, mother of the victim, told reporters.
D.
"It is shameful the Rajya Sabha did not pass the Bill to amend the Juvenile Justice Act for political reasons," says Union minister for women and child development Maneka Gandhi
‘Those accused of heinous crimes should be treated as adults’
Union Minister for Women and Child Development Maneka Gandhi feels the intelligence reports of a “Kashmiri militant” radicalising the juvenile accused in the Delhi gang rape in a correctional home vindicates her stand that law should treat as adults those aged 16-18 accused of heinous crimes.
She said this in an interaction with The Hindu on the third anniversary of the gang rape that shook the nation and sparked protests in the capital. Ms. Maneka Gandhi said it was “shameful” the Rajya Sabha did not pass the Bill to amend the Juvenile Justice Act for “political reasons”.
“If he was radicalised during his stay in a children’s home, it is even more frightening that Kashmiri terrorists were in a children’s home. Has nobody looked at it? All the more reason for this Act to be passed. Can a Kashmiri terrorist who has blown up people and killed people be put in a children’s home where he can radicalise other children,” she said. “So, pass the Bill so that you don’t get people like Kashmiri terrorists and rapists in with normal children.”
Criticises delay in passage of Bill on juveniles
"It is not a political Bill. Nor will it be remembered as my private Bill. It is a collaborative effort by members of all parties. The subtext of the Bill started during the Congress rule. It has passed through every kind of committee…And it is a Bill that is matured and nuanced. It’s not knee-jerk in the slightest. Now, you won’t let it pass through the Rajya Sabha for political reasons. Every day, it’s a different reason,” said the Union Minister.
‘Victims are children’
“This has been lying in the Rajya Sabha for over a year now. In the meantime, crime in this segment of 16-18 has become the largest amount of crime. And the victims of this group are only children. How can we protect those seven-year-olds and three-year-olds and four-year-olds…,” she asked.
Ms. Maneka Gandhi also wanted a law to allow police tracking of the movements of all perpetrators of sexual crimes — be they juveniles or adults - once they were freed.
NOTE :
1. One who is partner in a crime as above case, should be punished along with his other partners.
2. No mercy to any one who commit such heinous crime.
My view points
1. This man should be hanged in public.
2. This Nation witnessing such violent crimes since long,
3. Any leniency results in increase of such crimes.
4. Citizen who intentionally disobey law should be punished severely without any mercy.
5. Such demons no right to live in this holy land "BHARATHAM"
END.
Thank you for reading.
JAIHIND.
Next with another topic
Nirbhaya's Mother
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