Nirbhaya Case: No Law to Prevent Rapist’s Release

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Update: Delivering blow on the protest seeking cancellation of Nirbhaya’s rapist’s release, the Supreme Court on Monday dismissed the plea of DCW. The top court expresses helplessness as the law makers have not come out with the Juvenile Act yet.

“Women have always been cheated in this country and are still being cheated, even today,” says Nirbhaya Jyoti Singh’s mother after the decision.

“If people have not learnt any lesson from Nirbhaya case, then what can one expect?” she added. nirbhaya-2

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DCW chief Swati Maliwal addressing the media, sayid thet the Rajya Sabha has betrayed the women of the country. Nirbhaya parents will stage a protest at Jantar Mantar at 4 pm today.

Minister of state for home Kiren Rijiju, in a statement on Sunday, said that the central government was against the release of the juvenile convict in the Nirbhaya gang-rape case and said that because of Congress’ disruptions, the Juvenile Justice Amendment Act could not be passed.

As widespread protest has been sparked by the juvenile’s release, the Rajya Sabha will discuss the Juvenile Act today.

New Delhi: A petition against the release of the juvenile will be heard by a vacation bench of the Supreme Court at 10.30 am Monday, according to sources in the Delhi Commission for Women (DCW).

The DCW said it was approaching the Supreme Court against the Delhi High Court order which last Friday declined to extend the stay of the juvenile at the special home.

“The Respondent was one of the convict in the Nirbhaya Gang Rape case. At the relevant time of the offence, the said Respondent was juvenile and was ordered to be sent to a Special Home for a period of three years. The period three years expires on 20.12.2015,” the DCW petition stated.

A vacation bench, comprising Justices A K Goel and U U Lalit, will take up the plea Monday after the matter was referred to it by Chief Justice of India TS Thakur.

On Sunday, Maliwal wrote to Murari Prasad Singh, Principal Magistrate of Juvenile Justice Board II: “This is to bring to your kind notice that the Delhi Commission for Women has moved a Special Leave Petition (SLP) in the Hon’ble Supreme Court last night challenging the imminent release of the juvenile boy in the Nirbhaya gang rape case. The matter has been listed in the Hon’ble Supreme Court for tomorrow and is thus sub-judice. In light of the above, I request you to kindly not precipitate the matter until the same is heard by the Hon’ble Supreme Court tomorrow.”

She also took to Twitter: “Just wrote to Juvenile Justice Board that SC is hearing matter tomorrow, case is subjudice, requesting that juvenile should not be released.”

“People of this country don’t want Nirbhaya’s rapist to walk free. India Gate protest shows that. Have a lot of hope from SC tomorrow,” Maliwal tweeted.

The DCW petition stated that the release of the juvenile be put on hold “unless the effect of the social reformation aspects have been assessed”. It referred to newspaper reports that the juvenile was “completely unremorseful and has been further radicalised by association with other juvenile in conflict with the law in Special Home”.

Claiming that there is “serious apprehension considering the heinous nature of the crime committed” by the juvenile as well as his behaviour and attitude in the special home, the DCW raised concerns about his possible “criminal/perverse bent of mind which pose a serious threat to women at particular and society at large”.

The DCW also called for a committee consisting of the DCW and the Delhi State Legal Services Authority to visit the juvenile at “the observation home and access the current mental state of the boy (Respondent)”.

Nirbhaya’s mother suffered injuries and allegedly assaulted by police on Sunday during a protest at Rajpath.