New Delhi: The Supreme Court while refusing to stop the release of juvenile convict in the Delhi gangrape case, lobbed the issue of juvenile justice back to Parliament for enacting a legislation.
A Bench of Justices A.K. Goel and Uday Lalit made it clear that under the law existing as of on Monday, a juvenile convict cannot be kept in a home beyond the period of three years. Even if the legislation is enacted it will not have retrospective effect but it is expected to serve as a deterrent to other juveniles who are in conflict with law.
In its appeal against the Delhi High Court order dated December 18, the DCW in its appeal raised important questions of law, viz. Whether a juvenile in conflict with law, who is found to have committed an offence and sent to Special Home by Juvenile Justice Board, can be released on expiry of the period of stay ordered without ascertaining the factum of reformation that is necessary for his social re-integration?
Whether the scheme of the Juvenile Justice Act which envisages reformation of the juvenile protected if the juvenile convict is released without accessing his mental state? The appeal said Whether despite the mandate of Section 15/16 of Juvenile Justice (Care & Protection of Children) Act, 2000 prescribing a period of three years a juvenile, should not be released unless the effect the social reformation aspects have been assessed?
Meanwhile, with the Supreme Court rejecting the plea against release of the juvenile convict, the parents of the December 16 gangrape victim today said the courts have failed them and asked how many Nirbhayas would it take for the laws to change. The victim’s mother Asha Devi said her fight against the system would continue.
