Should the Nirbhaya Juvenile be released?

Should the Nirbhaya Juvenile be released?

Nirbhaya was brutally assaulted by six persons, including the juvenile in a moving bus in south Delhi on December 16, 2012. She had later succumbed to her injuries in a Singapore hospital. Now, the juvenile who committed this heinous and brutal crime is being allowed to walk free as per the Juvenile Justice Act under the custody of an NGO. The juvenile convict is the most brutal of the 6 accused and will be released on December 20th after his term at the observation home ends. As per the Juvenile Justice Act, maximum punishment which can be given to the juvenile is 3 years and he has completed this term. But does society want such as brutal criminal to be released merely because he is a juvenile? Is it right that he should walk free and be allowed to hold a job after the terrible crime he has committed? Should the government and the SC not intervene and present this rapist and killer from being released?

Yes

1. A juvenile is not the same as an adult : Juveniles have a lower level of mental development and they are not capable of logical thinking like adults. They are therefore, not fit to be tried as adults.

2. Juvenile deserves rehabilitation : As he was a child when he committed the crime, he did not have proper guidance and this led to his heinous act. If he is regulated and placed under observation, he will be able to make a better life for himself.

3. Juvenile court has been established with crime in mind : Just because a juvenile has committed the crime itself means that different rules apply for him or her. In this case, the juvenile court has been formed keeping the needs and best interests of child criminals in mind along with balancing the need for a fair and just society.

4. Special Juvenile Justice Board’s directive must be respected : The special Juvenile Justice Board has been established under the Juvenile Justice Act 2000 to control and prosecute offense committed by persons below 18 years of age on the rationale that such individuals have less clarity of reasoning and thought and are not masters of their mind

5. Kids, not adults : While committing the crime, the juvenile is held to lack understanding requisite to constitute the intention necessary to expose him to prosecution under ordinary law, exempting him from this and placing him under the Juvenile Justice Board manned by child welfare experts.

No

1. Nirbhaya juvenile is already radicalised : A Government report has held that the juvenile in question has become worse after radicalisation through association with other juveniles. In such a circumstance, releasing the juvenile will be detrimental to the interests of society and will also increase the possibility of harm coming to him once he is out of government jurisdiction.

2. The crime is a heinous one : The brutal juvenile has committed a terrible crime and he should be punished for it. On the strength of a mere technicality, he is getting away with a heinous rape and murder. This should not be allowed.

3. Juvenile is worse than an animal : Subramanian Swamy has said the juvenile is an animal and he should be denied freedom on the strength of this. Keeping the gravity of the crime in mind and death penalty awarded to the other rapists. Why is this juvenile criminal and rapist being allowed to walk scot free?

4. Injustice is served and crime is incentivised if he is released : If the juvenile is allowed to be released into society, it serves to incentivise his crime and give the wrong message that lawlessness and heinous crimes are acceptable in society.

5. Juvenile crime on the rise : According to data from the National Crime Records Bureau, a division of the home ministry, juveniles in the age of 16 to 18 are now committing 60% of the crimes from 2003 to 2013, the highest among all juvenile age groups. Juvenile arrests for rape increased 288 percent over the period as against arrest for theft which were up 68% according to the data. Organised crime networks even use minors to exploit legal loopholes and punishing adults exploiting and pushing children into criminal acts is not enough to stop this. Punishment needs to be given to such rapists and killers or society will become even more lawless.

6. Number of juvenile crime offenders on the rise : Crime committed by juveniles has increased and releasing the Nirbhaya juvenile sends a further wrong message to society. RS was informed that number of juvenile offenders in the country has seen a rise from 36,822 in 2012 to 48,230 in 2015. Number of juveniles apprehended rose to 43,506 in 2013 and 48,230 in 2014. Using arguments to evade punishment is a denial of justice for the victims.

7. Surveillance is needed : A law needs to be passed for mandatory registration of sex offenders and accused who have served punishment to allow surveillance by local police as well as community members. Releasing the convict is a counterproductive move to the interests of society.

8. Victims are also children : Do not leave aside the fact that the victims of many of these crimes are also children. It is wrong to shield the criminal by saying he or she lacks the capacity to form a moral judgement regarding the crime. If steps are not taken to imprison the Nirbhaya juvenile convict or ensure he is kept in custody, who will protect the victims, many of whom are also children.

Conclusion

Lack of mental development or moral reasoning is not an excuse for a heinous crime, nor it is a justification. Criminals are evil doers who are aware of their actions and the consequences of these, regardless of their age. Moreover, the Nirbhaya juvenile even tried to get another victim to board the bus, before successfully convincing the victim and her boyfriend to do so. Such evil actions show a premeditated crime and not an act committed without conscious thought or planning. The brutal nature of the crime makes it vital that the punishment should be fitting. Allowing the juvenile convict to walk free will not serve the cause of justice.