“Nirbhaya”, a 23-year-old medical student, was gang raped and brutalised in a moving bus in Delhi in 2012.
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The Apex Court also did not agree with the submission of the DCW that the juvenile offender can be subjected to the reformation process for a further period of two years under the juvenile law.
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The petition, which was filed late on Saturday, pleaded that the authorities had no evidence that the juvenile’s detention had reformed him, and that he still posed a danger to “women [in] particular and society at large”.
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The convict, who was a juvenile at the time of the crime, has been handed over to an NGO in Delhi, said police sources. It’s the government which has failed us.
And protesters have taken to the streets of New Delhi, demanding what they call justice for the victim.
Appearing for DCW, senior advocate Guru Krishnakumar and advocate Devadatta Kamat told the court that the juvenile had not undergone any reform programme which was mandatory under law.
Four of the adults received the death penalty but none have been carried out.
According to media reports, the now 20 year-old convict had been handed over to a charitable organisation following his release.
Expressing disappointment, deceased victim Nirbhaya’s parents said they knew the Supreme Court won’t be able to help them as there has to be a new law to deal with a situation like this.
While delivering its judgement, the apex court told DCW that it shares its concern, but under existing law, detention of a juvenile can not go beyond three years. Swati also hit on the Rajya Sabha for not being able to make amendments in the juvenile justice act. We have to enforce the law.
Maliwal’s plea saying “there has to be a clear legislative sanction” in this regard. The court found him guilty of raping and assaulting the victim, who later died in hospital, along with five accomplices.
Yesterday, the juvenile was moved out of Delhi even as distraught parents of the victim strongly kept on opposing his release.
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The grounds which has been taken in the appeal against the Delhi High Court order said that no mental assessment of the state of mind of the juvenile offender has been taken into account for his release.
