Absence of law tied the hands of SC
New Delhi :
The Supreme Court on
Monday, 21st December 2015, dismissed a plea to block the release of
the juvenile convict in the 2012 gang rape case citing absence of law in this regard, even as the
victim's parents protested at Jantar Mantar for more stringent guidelines to
tackle criminals like him.
Meanwhile,
all members in Rajya Sabha, irrespective of parties supported the passing of the Juvenile Justice Bill soon. Tthere was consensus among parties on the
need to discuss the Juvenile Justice Bill and bill is listed for
Tuesday, 22nd Tuesday, 2015.
"We share your concern," the
apex court's vacation bench of Justice Adarsh Kumar Goel and Justice Uday Umesh
Lalit said, dismissing the Delhi Commission for Women's plea and observing that
"everything has to be in accordance with law, we have to enforce
law".
"We need to have a clear
legislative sanction," the court said, making it clear that given the law
as it stood today, it (DCW) could not ask for further detention of the convict,
who is now aged 20.
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.
"I had no hope from the Supreme
Court. I didn't go to the court today (Monday) since I knew the verdict (in
advance that it cannot block his release)", the victim's mother told
reporters at Jantar Mantar.
Badrinath, father of the para-medical
student who was gang raped and brutalised in a moving bus on the night of
December 16, 2012, told reporters they were being let down by the Narendra Modi
government but people were stiil with them.
"People are still with us. It's
the government which has failed us. I have no hope of justice from Modi,"
he said.
They also said that they would fight
for a new law so that criminals like him do not get away because they were not
of a certain age when the crime was committed.
"We will continue our fight to get
the bill passed on the issue," Badrinath said.
The parents of the victim also
expressed fear that the Supreme Court ruling on the issue would encourage more
such crimes to be committed against women.
"There is no provision (to convict
juveniles) or to punish them. They (courts) are more concerned about the
accused. Women have been cheated and they continue to be cheated. Nobody wants
to do anything about women's safety," Nirbhaya's mother said.
The juvenile, who was under 18 years of
age when he was arrested for the brutal rape and brutalisation of the
para-medical student who died of her injuries later, was tried under the
Juvenile Justice Act.
He was put in a remand home for three
years, the maximum permissible under the legal provisions.
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