Juvenile in Nirbhya case release from juvenile home

This case is another instance o Judicial blunder. The aggrieved parents are staging a Dharna at Jantar Mantar demanding justice. Who is there to give justice when the Court itself committed a blunder ?

The Supreme Court can not exceed the punishment provided for by the legislatures. It is very wrong to call it a a Judicial blunder. It is in fact a legislature blunder, because a time of three years was available for Parliament to pass stricter laws applicable to juveniles alos. Emotion has no role in dispensation of justice even SC does not have the power to punish outside the law. The Sc has not committed a blunder.

@ anil

Youngest convict of Nirbhya rape case release from juvenile home. Supreme court denied to retain him behind bars. It is failure of whole system of our country. It is slap on face of judicial system. Parliament failed in passing one bill. A crime for which four person sentence to death but one person became free to live life in his own way. It is not justice. 

I wouldn't say it is a failure of the legal system , but failure and lack of will by the government which failed to amend the archaic Juvenile laws. The previous government of course showed absolutely no interest in the case until there was mass protest after which the rapists were  convicted and they are not letting the present government to function either. ..Of course they will reap as they sow!

The court works within the limit of laws. It's the duty of elected representatives for making rules.

This is a big failure on the part of the Parliament. These people are answerable to the whole country. Their failure will definitely cost a lot. A boy who has such a criminal bend of mind is considered as juvenile, it's really shameful because I think the adults who are just petty thieves are far more deserving to be reformed and not such juveniles.    

Court and parliament, in between, it's the parents are sandwiched. Judiaciary or to that matter anything is not just a set of rules. Rules are not just descended from the Blue. They are made by the humans for humans. I know many instances where the courts intervened and ordered to change the foolish lawsKline the present juvenile laws. The culprit is no doubt a young , but the crime is huge. In this, criminals are using the loop  holes in the law. It's not only, the failure of judicial system the entire parliamentary and Democratic system 's failure.

So this is a certificate to criminals who have not attained 18 years that they can do any crime and will be release with a little punishment. The culprit was only a few months short of 18. If a person can do rape and murder then he is not a baby. He is dangerous for our society.

In India the law is lax and that is a fact. People get the law makers they deserve so says Chanakya, so I dont see any light

Hope is there as Rajya Sabha is  likely to pass the strict punishment bill. If not then yes it will be a big let down.

They could have done it earlier but they preferred spending their time for their own petty issues.

suni51 wrote:

They could have done it earlier but they preferred spending their time for their own petty issues.

Definitely so, now that the bill has been passed it still has not meted out justice to the most violent criminal simply because he was a couple of months younger at the time of conviction and now he cannot be convicted again ! If the bill had been passed earlier, probably he could have been held in captivity for some more time...the opposition party is to be fully blamed for this !

Yes. Cutting across the party lines, the members agreed to on the need to pass the Bill Juvenile Justice for discussion to pass the Bill. But Leader of Opposition Ghulam Nabi Azaad in Rajya Sabha opposed saying Scheduled Castes schedule tribes amendment Bill should discussed.

I feel, today also they acted upon it only because there was a great hue and cry by the common people of the country. Students came out on the street and even the parents of Nirbhaya did not give up and protested peacefully near Jantar Mantar which forced the Parliamentarians to pass the bill. 

True. Nirbhaya's parent's unrelented efforts yielded the results. In fact the Ruling party was serious to discuss the Juvenile Bill in the Rajya Sabha that was already passed in Lok Sabha. It was due to creation of Congress party's hurdles, the Bill was delayed.

Now the bill was passed yesterday. Those who have done serious crime and are between age of 16 - 20 will be treated as adult criminal and given hard punishment.

I am happy that the bill got passed but somehow I am not satisfied with the minimum age limit. It should be even lower than sixteen. I have come to know from various sources that boys of thirteen or fourteen years watch porn movies and when asked not to watch it again, the reply comes that they were addicted. These boys are neither poverty stricken nor from uneducated background. The whole thing is so ridiculous. My firm opinion is if a child of any age does a crime as an adult then he should be treated as an adult and nothing short of it.

While saying this I would like to point out that parents need to understand their duty very seriously. If a section is getting into crime due to lack of education and money then another section is indulging in such criminalities due to overexposure to money and freedom at a very tender age. Children of twelve or so are using smartphones and computers with unlimited internet connection. How many can control themselves and tread on a right path when they are open to so much of provocation?

It should create fear of law in this age group that they cannot now go scot free.

The more important issue is not that a minor committed crime. It is more significant why minor committed crime as an adult would do. The issue is that the minor was made to work for livelihood along with adults as a bus cleaner. So he lost his innocence early. He lost his childhood. That is how society committed crime of snatching childhood and innocence and made him criminal. The parliament has acted hastily under crowd pressure. It is necessary to ensure that there is no child labor and children go to schools and study and play with other children instead of working in tea shops and trucks with adults. If this is ensured, there will be very little chance of such heinous crime by children.  

Three years lapsed between the Nirbhaya case and the release of the minor and still you say that the Parliament acted hastily. They failed to utilise the time and discuss it point by point. When Parliament fails in its duty then only common people protest. Discussions after discussion will not save the lives of the victims and you are worried about the minor who committed such heinous crime. In my last post I mentioned, boys from educated and sound economic background are also into heinous crime due to overexposure to the internet. It's not always rape but boys are brutally murdering their own classmates on trivial issues. Is it because adults are intimidating them? No, some have criminal bend of mind that we should not deny. I don't say that ignore these juveniles for their crimes but don't give too much of importance also or else they will never fear law and in the heinous crimes the juveniles should be treated as adults.  

Manoj Kumar Lamba wrote:

Now the bill was passed yesterday. Those who have done serious crime and are between age of 16 - 20 will be treated as adult criminal and given hard punishment.

A commendable move by the Parliament. It could have been implemented much earlier, but for the hurdles created by the Opposition Parties.