IT was three years ago that Nirbhaya was raped and murdered. But the 17 year old accused who was the most brutal got only three years in a remand home and he is to be set free. Naturally Nirbhaya’s mother is very unhappy. The Rajya Sabha has not yet got around to clearing the Juvenile Justice Bill, 2014, which permits juveniles between 14 and 16 to be tried as adults. The present law is based on the notion that juveniles between 16 and 18 do not know what they are doing.
This should not apply to such heinous crimes as gang rape and murder. The National Crime Records Bureau paints a dismal picture of juvenile crimes. Since 2001, there has been a 400 % rise in the number of such cases registered against juveniles. The Nirbhaya atrocity was followed by the Shakti Mills gang rape in Mumbai. Here also two convicted juveniles were sentenced to three years in a reformatory. Nirbhaya’s parents are right in thinking that all this is a travesty of justice. The present system provides privacy and financial aid to juvenile convicts instead of putting them behind bars. The juvenile rapists are protected while the rights of raped women are ignored.
Many other countries have got tougher in dealing with violent crimes committed by juveniles. Both US and UK now allow their juvenile courts to waive jurisdiction In favour of adult courts in cases which call for punishment and protection of society rather than lenient rehabilitative measures. India should follow their example and the Indian parliament should wake up to the need for speedy reform. Union Cabinet Minister, Maneka Gandhi is already fighting for such reform.
