Nirbhaya justice vs Juvenile Justice.

Three years after the Nirbhaya case, involving the horrific gang rape in Delhi, the juvenile convict in the case was released from the special home where he had been kept as part of detention, under the law for juvenile offenders.The Juvenile Justice Board had declined to try the juvenile as an adult whose age was determined to be a little over 17 years on the date of the crime. He was convicted of rape and murder and sentenced to 3 years in a reform facility as per the Juvenile Justice (Care and Protection of Children) Act, 2000 (“the Juvenile Justice Act”).

This has sent ripples through the nation once again, with most calling it a travesty of justice while some are batting for the fact that law had been upheld and the juvenile would get a ‘second chance’ at life.Many reasons have been advanced for the crime that the juvenile committed- such as his gory past, his exploitation on the streets, peer pressure etc. But this psychoanalysis will not change what was done and the brutality of it. Further, it makes one wonder- should any kind of emotional baggage be a justification to commit such atrocities? All said and done, a majority of people think that 3 years in a reformation home are simply not enough punishment, considering the crime that was committed.

On the other hand, some NGOs who have been arguing for ‘reformative’ rather than ‘retributive’ justice, believe that by giving juvenile offenders a second chance at leading a ‘normal’ life and by reintegrating them with society, they will be prevented from falling into a loop of crime and punishment. Further, in this particular case, some argue that there is not sufficient evidence to prove that the juvenile was, in fact, the most brutal of all the accused.

These views have not changed much over the years. But what has definitely changed is that there has been a rise in the number of reported cases involving juvenile offenders between 2012 and 2014, as per data from the National Crime Records Bureau.

A Public Interest Litigation had been filed by BJP leader, Subramanian Swamy to extend the stay of the juvenile in the institution since there were doubts as to whether he had been reformed and was no longer a threat to society as well as some Intelligence Bureau reports suggesting that he had been ‘radicalized’. The Delhi High Court declined to stay his release for lack of a law to extend such detention.

Finally the Rajya Sabha passed the much awaited and contested Juvenile Justice Bill, 2014 on 22nd December 2015.

As per the new bill, Juveniles aged between 16- 18 years can now be tried as adults for heinous offenses like rape and murder in the criminal courts. This bill will mandate the accused Juvenile to be presented before a Juvenile Justice Board to be comprised under the new bill. This board will decide whether to send the Juvenile for trial as an adult or send him to rehabilitation.
This bill will not put a juvenile directly into jail but will only enable the psychologists, doctors, social workers forming the Juvenile Justice Board to carefully yield the decision of whether the particular Juvenile offender needs to be tried as an adult or as any other Juvenile.

Are criminals born or are they made? I believe it is not the nature but the nurture what makes a criminal who he is. No one person is born depraved but it is his/ her surroundings, his peers, his family, his background what forces him to take such way.  A juvenile commits a crime in life because he is not able to understand the act he is doing and with the weak laws he starts believing that he can get free every time. With the kind of laws preceding the Juvenile Justice Bill, 2014, every Juvenile would be sent to a Juvenile home regardless of the intentions, the reasons and the offender’s knowledge of his act. However, the Juvenile Justice Bill, 2014 will enable the law to separate those who commit the crime knowing what they are doing and those juveniles will not be able to get away simply by raising the Juvenile Banner. It will depend upon the circumstances in each case.

I agree that Retribution is never a replacement for rehabilitation and I don’t know whether juvenile justice bill, 2014 can reduce the juvenile crime rates or not but whichever way we may choose to look at it, one thing cannot be denied- it is time for implementing strict laws on juvenile offenders.
    Ending this on a sorrow note "our sister NIRBHAYA is still waiting for justice"