Tuesday, July 14, 2020
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Nirbhaya denied justice

New Delhi: The third anniversary of the unnerving Nirbhaya rape case has brought back memories of that fateful night. Dismayed by the court’s release of the only juvenile convict in the case, enraged and concerned Indians have yet again taken to the streets in protest.

On Sunday, the juvenile concerned walked out of his reformation home after completing three full years.

Following his release, efforts were made from many quarters to overturn the decision, but to no avail.

On Monday, the Delhi commission for women (DCW) made a last-ditch effort by petitioning the Supreme Court to intervene. Their plea, however, was dismissed by the apex court observing that the law couldn’t be interpreted otherwise.

“We cannot interpret the law [Juvenile Justice Act] to curtail his [juvenile convict] freedom without legislative sanction. We share your concern, but we cannot go beyond the statute,” remarked Justice U U Lalit.

The senior advocate representing DCW, Guru Krishnakumar, cited provisions in the Juvenile Justice Act and the Delhi Juvenile Justice Rules to argue for an independent committee to determine the mental status of the juvenile.

Justice Goel replying to this asked, “Are you for the rehabilitation of the child or for the detention of the child?

The court also did not entertain the government’s support for the plea by dismissing it as arguments not substantiated by the law, asking it “go first and make the law.’’

Following the court’s judgement, massive demonstrations were staged at Jantar Mantar, demanding the lawmakers to make immediate legislative changes.

Earlier, the distraught mother, Asha Singh, lamented the failure of the justice system of India, saying that “Crime has won. We have lost. Our efforts for three years have failed.”

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