Black day for women of country: Swati Maliwal on SC plea dismissal

The Supreme Court on Monday dismissed a plea to block the release of the juvenile convict in the 2012 gang rape case citing absence of law in this regard, even as the victim’s parents protested at Jantar Mantar for more stringent guidelines to tackle criminals like him.

The convict, along with five others, had gang-raped and murdered the 23-year-old paramedical student in a moving bus on December 16, 2012, an incident that shook the nation and led to widespread protests.

When the government said it supported DCW Chairperson Swati Maliwal’s plea that the juvenile convict should not be released till such time he is reformed, Justice Goel said, “You are saying without the law backing you… go first and make the law”.

“If anything has to be done, it has to be done according to the law”.

The Supreme Court had been considering a petition from the Delhi Commission For Women to extend the sentence but was rejected by the court.

“How many more Nirbhayas will be created in this nation, after which the Rajya Sabha will pass the bill?”, she added.

“It is a black day for women in history of the country”.

The amendment to the Act of 2000 was approved by the Lok Sabha on May 7, 2015, and is now pending in the Rajya Sabha. Gupta said that they have filed an online petition to convince the government to refrain from making any changes in the juvenile law. He had received the maximum punishment of three years from the Juvenile Justice Board (JJB).

Of the six, one was found dead in Tihar Jail. Four of the accused were awarded death penalty by the trial court which was later confirmed by the Delhi High Court.

“It only changes the place (of lodging the juvenile convict) and not the period of three years”, the apex court observed.

The decision on Monday came as a big setback for the victim’s parents, who have vowed to step up protests.

“What can I say?”

“We need to have a clear legislative sanction”, the court said, making it clear that given the law as it stood today, it (DCW) could not ask for further detention of the convict, who is now aged 20.

“The judges told me that they share our concerns but there is no provision to subvert the existing law”.

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