He was old enough to commit a crime, but not to serve the punishment. This is the conclusion that can be drawn from the Nirbhaya case.
On Decemeber 16, 2012, six men raped a 23-year-old girl in a private bus, out of which 2 boys were below 18 year and cannot be convicted. So, what’s next. The victim dies and 3 year after the uproar, the rapist are given freedom along with Rs.10,000 and a sewing machine. All because the Indian law, do not convicts Minor. Under the Juvenile Justice Act, the person can be confined for only 3 years in a reform home.
The case might get buried in the hatchet like this, unless and until the Delhi High Court intervene in support of the Centre’s concerns, expressed through a secret Intelligence Bureau assessment that claimed that the rapist had been radicalized. The decision to provide the rapist’s with one-time grant and a sewing machine has provoked objections from the Centre and from many parts of the country.
The Women and Child Care department though has a completely different outlook towards the situation, “The juvenile in Nirbhaya case needs to be supported financially, jointly by his parents and by the Delhi government, No One understands their mental state” said an official from the WCD Department. The Additional Solicitor General, has raised an eyebrow and pointed that the date to release the rapists should be postponed.
“Proper check ups have not been put in place by the management committee. What is his mental condition, no one knows. Is he willing to join the societal mainstream in view of the IB report and what are the follow-up action contemplated once he is released. All these aspects are completely missing,” citing all these, ASG submitted a paper in front of Chief Justice G Rohini and Justice Jayant Nath.
But even after all these arguments, the court has maintained the fact that it will take into account the IB report and the rehabilitation plan filed by Delhi government before taking a call on the juvenile’s release. Well, we all sincerely hope that there comes a silver lining…
What do you think, should the so-called juvenile rapist be set free or their conviction be postponed?