Can you guarantee good behaviour mother asks as juvenile in Delhi gang rape case to walk free
news Delhi gang rape case Friday, December 11, 2015 - 13:16

As the juvenile (now aged 20) accused in the Delhi gang rape case is set to be released in a week’s time, the victim’s mother has raised concerns about allowing the man to walk free.

The union government is considering the release of the youth after he signs a bond of Section 107 of Code of Criminal Procedure (CrPC) which will act as security for keeping the peace after his release from a juvenile remand home, according to a report in The Times of India.

The mother of the victim questioned the purpose of such a bond. She told ANI, “By signing a paper can the government guarantee that he will not do anything wrong after release?”  

Maneka Gandhi, Minister for Women and Child Development said that she wanted to extend the punishment for the accused.

“Let us not confuse justice with the law. The law said that he could only go to children home. That's the anomaly we are trying to correct. So, he served his sentence and in according to the law he is coming out. And there is nothing we can do about it until or unless he commits another crime. So that is all we can do,” she told CNN-IBN.

Alleged radicalization

Delhi High Court has sought a report from the Intelligence Bureau by Monday about the alleged radicalization of the youth at the juvenile home in Delhi where he was sent after his arrest.

The media had reported that the Intelligence Bureau (IB) suspected that the youth was getting radicalised by another juvenile convicted in 2011 Delhi High Court attacks case. Following the IB alert, the duo was separated.

BJP leader Subramanian Swamy has also filed a petition in the Delhi HC, saying that it was dangerous for the youth to be set free. He told ANI that there were lacunae in the law which needed to be addressed.  

Swamy told ANI on Friday, “The juvenile convict should be kept with wild animals for committing such heinous crime. It is dangerous to free such people. There are certain flaws in our law. The juvenile laws are applicable only for people committing crimes like stealing food or bicycle but this law is not applicable for such kind of heinous crimes. There is no provision in the law that if such juvenile accuse do not change in the three years, then what action needs to be taken.”

India Today reports that on November 21, Delhi police arranged a meeting with senior lawyers to seek legal routes to gain custody of the 21-year-old convict.

The Mail Today reported that parents of the victim have made representations to the National Human Rights Commission (NHRC) and Union Home Minister Rajnath Singh for further punishment.

“From what we have learnt from the media, he has shown no signs of improvement so far. He was getting indoctrinated in jihad inside his juvenile home. The police has said he has become street smart and learnt to abuse the system,” said the father of the Delhi gang rape victim.

"Tomorrow he will be living amongst us anonymously. Will he be able to resist the temptation of similar crimes? If there is no law that can jail him, at least make his face public and monitor his movements," he added.

The convict was a juvenile at the act of committing crime at the night (confirmed by his school leaving certificate) on December 16, 2012 is expecting release from a correctional home on December 15 after being sentenced for three years.

The verdict which was passed in accordance with the laws of the land did not go well with the populace who argued that he should have been tried with the five others for the gruesome act.  

According to some, he was the most brutal among the six offenders. Four of them were sentenced to death by a fast track court while another committed suicide.

The Statesman reported that the juvenile convict was not provided any reformative therapy.

The article quotes, a representative of Bachpan Bachao Andolan an NGO led by Nobel Laureate Kailash Satyarthi said, “It’s disappointing to see that the juvenile has been given no reformative therapy in the jail to conclude whether it has had any impact of the punishment on him.”

Become a TNM Member for just Rs 999!
You can also support us with a one-time payment.