Nirbhaya - The Juvenile Criminal

I’ve always tried to understand the Juvenile Justice act in India. But it leaves me as perplexed as marital rape – which on some counts is still not considered rape (in India). Whilst amendments to the act are being debated, why cant the seriousness of a crime or the reform of a convict be reviewed case wise before handing out a blanket sentence? 

It may be difficult to prove sometimes, that the underage may not have intended to but may have committed grave felonies like rape, murder, terrorism etc. on the basis of instigation.

Section 21 of the Juvenile Justice Act, prohibits the publication of name of juvenile which means no report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law shall disclose the name, picture or any other particulars that could lead to the identification of the juvenile.

If the juvenile has shown considerable amount of repentance and reform while serving the three years sentence meted as per law, would it be fair to then reveal his identity in an unforgiving society, where the social stigma may never allow him to ever forget or be forgiven truly.

The government will free December 16 Delhigang rape victim Nirbhaya’s juvenile rapist on December 15

Having served his sentence, he will now freely live the rest of his life as a sting in the face of her parents.

Would they have forgiven him had he shown regret?

Would our hearts be divided as a nation in forgiving Kasab, had it been proved that he’s a juvenile, brainwashed to serve for the greater good of mankind. In July 2014, Indian Express reported that Pakistan-based terrorist organization Lashkar-e-Toiba had asked its members to declare their age to be below 18 years. This would ensure that they are tried under the Juvenile Justice Act instead of the Indian Penal Code (IPC). The maximum punishment under the Act is three years.

But some still argued that there is no need of tampering with Juvenile Justice Act for putting up effective deterrent against terrorism.  –with a population like ours, we have enough and more to spare while we err and learn is it?

With Juvenile crimes I often feel there’s an unsaid arrogance similar to M.C Hammer’s “Cant Touch This!”

So, thanks to Section 21, I’ll never be able to identify Nirbhaya’s rapist. I’ll never be able to be cautious-on-a-double if I see him following a lonely girl, fully aware of his potential.

Her parents will never feel safe again. He could work right under their nose and conspire to silence the theory called Nirbhaya. He could be my watchmen,  my driver, my gardener, my dog walker, my niece's bus conductor...I will never feel safe again!

The Quint spoke to his counselor who regretfully admitted no ‘positive change’ in him.

“There was no regret when I first met him after his arrest. Nor is there any today. I didn’t have to grill him to make him confess his crime. He told me in detail about his role in the crime. He told me that he convinced Nirbhaya and her friend to board the bus and later about how the crime was committed by all five of them. He also told me that before Nirbhaya boarded the bus, he had tried to convince another girl who was alone, but that failed when she hailed an auto.”

We are not talking about a Dacoit here. We are not talking about a murder. We are talking about a Juvenile who stuffed a metal rod up a girl's vagina piercing deep enough and twisting hard enough to pull her intestines out. We are talking about a Juvenile whose nights never replayed her haunting screams. We are talking about a Juvenile, who didn't flinch while watching her get raped and took his turn as well.

We are talking about a Juvenile here who did not go sick in the intestine after throwing her out the bus, naked. Someone who could live with the act and not turn himself in. 

We are talking about a Juvenile here, who has no remorse or regret but is aware that his age is going to see him walk free.

We are talking about sending someone back on our streets where his counsellors’ feel that he hasn’t been rehabilitated.

Are the court and government waiting for him to commit a second unspeakable crime before locking him again? If all evidence and reports say he feels 'not guilty', then show us who we need to guard ourselves from. Just removing curtains and having bus' drive around with their lights on is not a change big enough to make me feel safe.

So for all the other times a Juvenile commits rape or murder; the blood is now on their hands.

I think from here on, every Juvenile criminal should be renamed as Nirbhaya.