Apex court goes by the existing law.
By Sreejith Vallikunnu
The Supreme Court has dismissed a petition filed by the Delhi Commission for Women to stay the release of the juvenile convict in the December 16 Nirbhaya case, on Monday.
“We share your concern but our hands are tied by the existing law. There has to be clear legislative sanction to extend the detention period beyond 3 years. Under the present law, detention cannot be extended beyond three years,” the apex court vacation bench comprising Justice A.K. Goel and Justice U.U. Lalit stated while refusing the petition.
The victim’s mother Asha Devi was quoted as saying by agencies after the verdict that, “I knew this would happen, I am not surprised. All courts have given up. What’s there in having any hope? Now all the people below 18 years of age have been given a certificate to commit rape.”
“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 yet?” she asked.
“If people have not learnt any lesson from Nirbhaya case, then what can one expect? What sort of a crime needs to be committed to change our laws?” she continued.
Six individuals, including the juvenile, raped the 23-year-old paramedical student in a moving bus in south Delhi on December 16, 2012.
Nirbhaya, a name given to her by the Indian media, was returning after watching a movie, with a friend of hers. Her friend was also attacked brutally and subdued on the bus by the men. The victims were later thrown out of the bus. Nirbhaya later died of the injuries she sustained in that attack.
All the accused were arrested and charged with sexual assault and murder. One of the accused, Ram Singh, committed suicide in jail. The minor was sentenced to three years’ imprisonment in a reform home while the other four men were sentenced to death by hanging.
The convict was 17 years and six months old when he was arrested and this allowed him to escape the death row. The mild punishment given to the juvenile had led to a nationwide debate on lowering the age limit for punishment for crimes like rape and murder.