Ahead of the first death anniversary of the brave Delhi girl gang-raped by six men, including a minor in a moving bus, her parents have approached the Supreme Court to demand that the lone juvenile be tried in a criminal court.
Their writ petition, expected to be heard on Monday, demanded provisions in Juvenile Justice Act to be struck down which allowed juvenile offenders accused in heinous crimes to escape punishment.
While petitions seeking similar relief are pending consideration in the apex court, the decision of the victim’s parents — Badrinath Singh and Asha Devi to approach Court, could be a turning point in deciding the final outcome.
The petition narrated the brutality and barbarity inflicted on their daughter who was left to die along with her friend by the perpetrators, six in all, on December 16, last year. While one committed suicide during trial, four accused were sentenced by the trial court to death, with their appeals pending before the Delhi High Court. The juvenile offender, by virtue of being 17 years of age, escaped being tried by a criminal court. For the heinous charges of murder, rape and unnatural sex, he was sentenced by the Juvenile Justice Board to remain for three years in a correctional home.
Pointing to his role in the incident, the parents in their petition said, “The juvenile along with five others had by turn done oral sex with her and also through the vagina and from the anal area and had committed rape.” She was subjected to torture of the worst kind by each of the accused, who inserted iron rod in her private parts and even gouged out her internal organs.”
Fully aware that the law of the land prescribed protection for juveniles in conflict with law, the petition demanded scrapping of Sections 4 and 7 of JJ Act that barred criminal courts from holding trial against juvenile offenders. The petition, filed by advocate Aman Hingorani, submitted the provisions to be unconstitutional as it interfered with the power of judicial review, which is part of basic structure of Constitution.
“Parliament cannot make law to oust judicial function of the Courts,” petition said, referring to Sections 82 and 83 where the protection is only for offenders till age of 12. Also, no international agreement puts a blanket ban criminal courts in a country to punish juveniles involved in crime.
As things stand, the Centre too is reworking provisions of the JJ Act so that juveniles are treated as adults in criminal courts.