The Supreme Court on Monday refused to stay the release of the juvenile accused in the Nirbhaya rape case and pointed out that the absence of law “tied” its hands. The disappointed parents of the
rape victim asked how many Nirbhayas it would take for the laws to change.
Victim’s mother Asha Devi said that her fight against the system would continue till the law is changed. “I will not be defeated, the SC decision can’t stop me, I have to fight a long battle, I will fight till the Bill is passed and law is changed… The court is saying that the law does not permit further punishment for the juvenile but why is the case against other convicts still pending. Why have they not been hanged yetIJ” she asked.
The Vacation Bench of Justices Adarsh K Goel and UU lalit shared the concern of Delhi Commission of Women Chairperson Swati Maliwal, who had approached the SC with a plea to stay the release of the juvenile.
The Commission demanded that prior to the juvenile’s release, his mental condition should be assessed to ascertain whether he could be a threat to society. The Commission relied on an Intelligence Bureau report suggesting that the delinquent had been radicalised during his stay in the Observation Home at Majnu Ka Tila.
The Bench said, “We share your concern but our hands are tied. Under the present law, detention cannot be
extended beyond three years.
If anything has to be done, it has to be done according
to the law. We have to enforce the law.”
The DCW chief had come up in appeal against the order passed by Delhi High Court refusing to stay the release of the juvenile. Instead, the HC had directed Juvenile Justice Board to draw up a rehabilitation plan for the minor. The juvenile, aged about 20 years, is currently housed with an NGO till the Delhi High Court finally decides the issue.
The DCW chief, through senior lawyer Guru Krishna Kumar and advocate Devadatta Kamat, told the apex court that the petitioner did not intend to detain the juvenile but sought an interim arrangement till the reformation plan was in place.
Krishna Kumar said that under the Juvenile Justice law, a juvenile can be detained for a further period of two years after he has undergone the maximum term of three years.
The bench refused to go with the submission. It said, “We will be taking away somebody’s right to life guaranteed under Article 21 of the Constitution.” Moreover, the court wondered that if reformation takes up to ten years, the period of detention has to be extended without any sanction of law.
Interestingly, Additional Solicitor General Pinky Anand who appeared for Centre, joined ranks with DCW chief. “We support their stand,” ASG Anand said. But the bench was quick to retort, “You are supporting them without making the law. There must be some legislative sanction behind it. We share your concern, but cannot do anything without legislative sanction.”
“We were not very hopeful that the Supreme Court will give a favourable verdict but I want to ask how many Nirbhayas are needed for the laws to change in the countryIJ” the victim’s father Badri Singh Pandey asked.
The victim’s mother said notwithstanding the release of the juvenile convict, she and her husband Badri Singh will continue their fight to ensure death penalty for rest of the four rapists who are currently lodged in Tihar Jail. We met with disappointment at every door, we are heart-broken, but not crushed,” she said.
Victim’s father Pandey added that this fight is not just about Nirbhaya but for every girl who is unsafe in a country which has such laws. “The court is not bothered about the concerns of the public,” he said.
The Supreme Court on Monday dismissed a plea of the DCW against the release of the juvenile offender, saying “there has to be a clear legislative sanction” in this.