Dec 16 gang-rape: What if juvenile convict hasn’t been reformed?

[V.Balasubramani]

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[h=1]Dec 16 gang-rape: What if juvenile convict hasn’t been reformed?[/h]The Centre’s request to the Delhi High Court on Monday to extend the lone juvenile convict’s stay in a “safe home” in connection with the December 16 gang rape case has once again exposed the shortcomings in the Juvenile Justice Act--often criticised for its pro-delinquent tilt.

The Juvenile Justice Board’s order to release the convict--now a 21-year-old adult--on December 20 is based on the presumption that he has reformed after staying in a reform home as required under the Act.

But what if he hasn’t been reformed to be re-integrated into the mainstream of society? In fact, the law doesn’t envisage such a situation. Rather, it presumes that the juvenile delinquent has been reformed.

The Act does not even use the term “convict” for a juvenile delinquent found guilty of an offence. It uses the expression “juvenile in conflict with law”.

Read more at: http://www.hindustantimes.com/edito...en-reformed/story-eC1Hn7KoHzgV1XvKJPIGVK.html

 

[krish44]

We cannot behave like a banana republic, changing laws on a daily basis to suit situations.If the juveniles sentence is over, we cannot find new laws to detain him

Law in the country is already different for the rich and the poor-eg. salman hit and run case.No one wants a change in law to fix salman . Why?

 

[V.Balasubramani]

It is reported that Subramania Swamy has sought court orders to ensure that the juvenile is not released till it is “demonstrably assured” that he has been reformed and is not a menace to society.

And this is “not an ordinary case”, as noted by the bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw and who had asked the Centre to give reports about the measures taken, if any, regarding post-release rehabilitation of the juvenile.

One cannot forget the contribution made by former DGP Kiran Bedi while she was in-charge of Tihar Jail in reforming the jail inmates there. She made the Tihar as a good model for prisons in India. As for prisoners reformation, she took lot of initiatives which includes enlarging the library, starting yoga and meditation classes and imparting formal education to them and through such initiative she tried to open the minds of prisoners to the beauties and possibilities of life.

Our country has seen number of legislation introduced now and then. Even our Constitution was amended number of times.

Will the new JJ Bill translate into a law??

 

[V.Balasubramani]

அதிகரித்து வரும் சிறார் குற்றவாளிகள்... சட்டத்தின் "ஓட்டை"யில் புகுந்து தப்பிக்கும் அவலம்

டெல்லி: ஆண்டுக்கு ஆண்டு நாட்டில் சிறார் குற்றவாளிகளின் எண்ணிக்கை அதிகரித்து வருவதாக தேசிய குற்றப்பதிவு ஆணையம் வெளியிட்டுள்ள விபரங்கள் தெரிவிக்கின்றன.

தலைநகர் டெல்லியில் கடந்த 2012ம் ஆண்டு மருத்துவ மாணவி கொடூரமாக பாலியல் பலாத்காரம் செய்யப்பட்டு கொல்லப்பட்ட வழக்கில் தண்டனை பெற்ற சிறார் குற்றவாளி, இவ்வார இறுதியில் விடுதலை செய்யப்பட இருக்கிறார்.

ஆனால், இது பெரும் சலசலப்பை ஏற்படுத்தியுள்ளது. சிறார் குற்றவாளியின் விடுதலையை எதிர்த்து பல்வேறு கண்டனங்கள் எழுந்துள்ளன. வயதைக் காரணம் காட்டி கடும் குற்றம் செய்தவருக்கு விடுதலை வழங்குவதா என்பது அவர்களது வாதம்.

Read more at: http://tamil.oneindia.com/news/india/juvenile-crimes-rise-47-but-adult-law-may-not-help-242350.html

 

[V.Balasubramani]

Nirbhaya juvenile to walk free on Dec 20, Centre opposes move

NEW DELHI: The juvenile convict in the Nirbhaya rape and murder case may walk free on December 20 unless the Delhi high court intervenes in support of the Centre's concerns, expressed through a secret Intelligence Bureau assessment that claimed he had been radicalised.

On Monday, the Delhi government's department of women and child development (WCD) unveiled a rehabilitation plan for the juvenile - who is over 20 years now - under which it will give him a one-time financial grant of Rs 10,000 and arrange for a sewing machine so that he can rent a tailoring shop.

The move provoked objections from the Centre which remained apprehensive about his "mental condition" and wanted his detention extended. The court reserved its order on the issue.


Read more at: http://timesofindia.indiatimes.com/...-Centre-opposes-move/articleshow/50179656.cms

 

[V.Balasubramani]

[h=1]SC to hear plea against Dec 16 juvenile convict’s release on Monday[/h][h=1]Confusion prevails over the release of a juvenile convicted in the December 16 gangrape and murder as the Supreme Court will hear on Monday a plea against the move.

The Delhi Commission for Women (DCW), which moved the apex court against the release, hopes that the convict will not walk free as scheduled on December 20 (Sunday) since the matter has become sub judice.

But the apex court has refused a dramatic post-midnight move of the women’s commission to stay the release by giving an urgent hearing. Late on Saturday night, a vacation bench headed by Justice AK Goel posted the matter for hearing on Monday.

“SC accepted r petition. Matter listed on Monday as Item No 3. Case subjudice now. Nirbhaya rapist should not be released until case heard (sic),” DCW chief Swati Maliwal tweeted.

Source: http://www.hindustantimes.com/india...ease-by-dcw/story-EVNrRJkTUnlW1EtOqylIAO.html[/h]

 

[krish44]

I do not expect much to come out of it.

Judges can only interpret the law.

They do not make them.

Only parliament can change. That is unlikely this winter session.

Even if new laws are made, it cannot be applied retrospectively.

The juvenile s parents in village in UP and the village clan is prepared to take care of the boy.

He can probably be sent back to his parents.

What happened was an aberration.

City does strange things to people and many act irrationally.

Society need not be focussed on this one case and act to prevent such incidents by making cities little more safe

 

[V.Balasubramani]

The issue is now sub-judice. Let us keep our minds in wait and watch mode.