India’s highest court on Monday rejected an appeal against the release of the youngest member of a gang convicted of a fatal rape attack on a young student.
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“The juvenile won’t have to appear before the Supreme Court tomorrow unless it passes a summons or notice to him”, R.K. Tripathy, a lawyer who is not directly involved in the case, told Reuters.
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“There is no provision (to convict juveniles) or to punish them”. It’s the government which has failed us.
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The Supreme Court said that there was no legal mandate under the existing laws to detain the juvenile offender in the case.
Protesters are demanding the man, who was 17 years old when he participated in the 2012 attack, remains in custody unless there is evidence he has been reformed. Hundreds were detained during the protests on Sunday led by Jyoti Singh’s parents.
– The convict, who is now 20 years old and was known to be the most brutal of the attackers, war earlier taken to an undisclosed location from a correction home in North Delhi amid concerns that there was a threat to his life.
They said he had to spend at least the next six months with the NGO, after which the Juvenile Justice Board would review his situation.
The Delhi Commission for Women has moved a plea against the release in the Supreme Court, which it has agreed to hear on Monday.
The Delhi high court on 18 December declined to extend the stay of the juvenile at a safe home beyond 20 December, as it was the maximum period mentioned under the Juvenile Justice Act. She died just two days after the attack. On the contrary, while she appeared before media after the SC dismissed her last-minute plea, she said she had approached the court with a plea to not let Nirbhaya’s rapist walk free.
The victim succumbed to her injuries in a Singapore hospital. “I didn’t go to the court today (Monday) since I knew the verdict (in advance that it can not block his release)”, the victim’s mother told reporters at Jantar Mantar.
Commission chairperson Swati Maliwal accused the state government of having kept her organisation in the dark.
She also said that the country has been “cheated” as a proposed law which could have allowed stronger punishment to him remains pending in Rajya Sabha.
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In March of 2014 four of the defendants who were adults at the time wand were found guilty of murder, rape, unnatural offenses, and destruction of evidence in 2013 were given the death sentence.
