Nirbhaya case shook the very core of this nation. Countless people protested across the road to book the perpetrators and demanded for the stringent punishment.
On the fateful night of December 16, 2012, Nirbhaya was brutally assaulted by six persons, including a juvenile in a moving bus in south Delhi and later died in a Singapore hospital. Now, the accused juvenile is being allowed to walk free as per the Juvenile Justice Act. According to many verified sources, the accused juvenile was the most brutal among those six convicts who raped Nirbhaya on that fateful night.
As per the Juvenile Justice Act, maximum punishment which can be given to a juvenile is three years and he has completed his term. So he is about to set free. But this released has raised a wider debate.
Does a juvenile accused of such a heinous crime deserve to set free? As a society are we really willing to accept such kind of perpetrators? Should we accept that juvenile as the part of our society? Will it not give a wrong signal and incite other crimes? Let’s look at the rational side.
Of course accused juvenile should be set free.
1.A Juvenile deserves rehabilitation-Of course, the accused was a juvenile it means he was a child and he was not capable of logical thinking like adults when he committed the crime. If he is regulated under proper guidance, then he will mend his ways and have a normal life so we should give him an opportunity.
Also, it’s a proven fact that juveniles have a lower level of mental development, so why we should try them like adults. In fact, the accused juvenile is not an adult and he is not fit to be tried as adults.
2. Need to follow the Juvenile Justice act- The Juvenile justice act is enacted to reform and rehabilitate such juveniles. This act takes care about the best interests of child criminals.
So we should respect the verdict of the juvenile justice act and set him free. As per Juvenile justice act, while committing the crime, the juvenile is held to lack of understanding. Thus, he should be given proper guidance and supervision to mend his ways.
So, he should set free. Hell, nope! We need to look at the other side of the coin too before taking any decision. And when we look at the other side, then we come at a conclusion that he should not be set free.
1.His crime is a heinous one : The brutal juvenile has committed a terrible crime and he should be punished for it. According to sources, he behaved like a monster while raping Nirbhaya.
So how can you set him free on the ground of some technical loopholes. He shouldn’t be set free and he deserves severe punishment.
2.Wrong message to society- If the juvenile is allowed to set free into society, it will of course send a wrong message and encourage other perpetrators.
3. Juveniles are indulging in more heinous crime-According to National Crime Records Bureau, juveniles in the age of 16 to 18 are now committing 60% of the crimes.
Juvenile arrests for rape increased 288 percent over the period. If we start setting free juveniles who indulge in heinous crimes then we will set a wrong precedent and it will make encourage other criminals.
4-Crime syndicate may use them-Many crime syndicate uses these juveniles to to exploit legal loopholes.
So we need to punish them harshly so they could fear for the law else one day society will become lawless.
5. In many cases the victims are also children- In many crimes committed by juveniles, the victims happen also to be kids.
So it is absolutely wrong to protect such perpetrators else they will exploit more children and walk set free by using legal loopholes.
Finally, we can say that lack of mental development in a juvenile can’t be the excuse for a heinous crime. A heinous crime like Nirbhya can’t be justified on any ground.The brutal nature of the crime makes it imperative that the punishment should be given at any cost. Allowing the juvenile convict to walk free will not serve the cause of justice and of course it will set the wrong precedent in society.