A considerable section of our society does not want the juvenile convict in the 16 December 2012 gangrape case to walk free in the coming few days. On Friday, the Delhi High Court issued a notice to the Central Government, on BJP leader Subramanian Swamy’s plea against the release of the juvenile convict. It also sought an IB report in a sealed cover about him having been radicalised. The matter will be heard on 14 December, but the question which remains unanswered is, what next? Will he be released on 15 December as scheduled by the Juvenile Justice Board (JJB), or not?
The Quint spoke with Ashish Kumar, a lawyer with the Legal Cell of the JJB.
Till the time the Delhi High Court stays the release of the juvenile convict, the Juvenile Justice Board can move on with its proceedings.Ashish Kumar, Lawyer, Legal Cell, Juvenile Justice Board
This means that Swamy has to acquire a stay order before the juvenile is set free on 15 December, if the High Court does not impose a stay on the matter. According to legal experts, his release cannot be withheld just on the ground that the matter is sub-judice in the High Court.
Interestingly, the IB report allegedly says that the juvenile convict was radicalised while he was in the Observation Home, by yet another juvenile who was arrested in the 2011 Delhi blast case. But then it raises several questions on the condition of Observation Homes which are meant to reform and not radicalise convicts. Is it not government’s failure if the convict was indeed radicalised when he was in State’s custody? Will it not be difficult for Swamy to prove his plea in the High Court?
Though the Observation Home is a State subject, the Ministry of Women and Child Development has the power to formulate law concerning the JJB. In the backdrop of Nirbhaya case, the Ministry plans to call meetings with the heads of different Observation Homes across the country next month.
We receive lots of anonymous complaints on Observation Homes from different parts of the country. In some Observation Homes, juvenile convicts are treated like dogs, forget reforming them.Sources in the Ministry of Women and Child Development
Sources in the Ministry say it was a wrong decision on part of the Observation Home to keep the Delhi blast convict with him in isolation. The Ministry is planning to increase surveillance on Observation Homes through NGOs and experts to get timely reports on the condition of juvenile convicts.
The Government’s failure in reforming the Nirbhaya juvenile convict raises several questions on the conditions of our Observation Homes. One wonders, if the government couldn’t succeed in reforming a convict of a much hyped case, what is the condition of other juvenile convicts?
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