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Monday, December 21, 2015
SC dismisses DCW's plea against juvenile's release
Supreme Court today dismissed the plea of Delhi Commission for Women (DCW) Chief to stay on Juvenile convict's release in December 16, 2012 gangrape case. "If anything has to be done, it has to be done according to the law.", said the vacation bench comprising justices A K Goel and U U Lalit, while refusing to entertain the petition.
The bench did not agree with the submission that the juvenile offender can be subjected to the reformation process for a further period of two years under the juvenile law. There is nothing in the law to take away somebody's right to life guaranteed under Article 21 of the Constitution, the bench said when the counsel for DCW cited provisions to drive home the point that the delinquent juvenile can be allowed to go through the further reformation process.
On Saturday, DCW chairperson Swati Maliwal had moved the Apex Court seeking a stay on the convict's release. The convict, who is 20-years old now, was released yesterday evening amidst wide protests. He was sent to an NGO at an undisclosed destination with police no longer guarding him.
In her reaction, DCW chief Swati Maliwal said that a proposed law which could have allowed stronger punishment to the juvenile convict remains pending in Rajya Sabha. Talking to reporters outside the Court campus, Maliwal said, the Judges shared DCW's concerns but there is no provision to subvert the existing law. She added, the time for candle marches is over.
Instead, women should pick up mashaals (torches) to demand for justice. Saying that their fight against the system will continue, the Gangrape victim's parents in their reaction on Court's judgement asked how many Nirbhayas would it take for the laws to change.
Meanwhile, a demand for expeditious passage of the amendments to allow children between 16-18 years to be tried as adults in heinous crime cases was made in the Rajya Sabha today, soon after the Supreme Court's verdict. Minister of State for Parliamentary Affairs Mukhtar Abbas assured house the bill is listed for tomorrow. However, if all agree it can taken up for discussion today itself, added the Minister.
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