The release of the Juvenile in the Nirbhaya case, to me was justified. Here are the reasons I have for this
1. Out of the 472 million children of the country, only 1.2% have committed crimes. And that, of these, only 2.17% had committed murder and 3.5% had committed rape. We cannot pass a judgement that will jeopardise the other 99.98% children in this country because our need for revenge.
2. Sentencing a child based on rape is also violation the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 and the Beijing Rules which require a child or a young person accused of an offence to be treated differently from an adult. It also violates the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, 1990.
3. We must not forget that the juvenile accused in the Nirbhaya case had no family, and was on the streets of Delhi when he was only 11. We need to look into the child’s psychology. Every child, although he makes a mistake, deserves a second chance.
4. Scientifically, it is impossible to assert the maturity of a child. It is next to impossible for a court to judge the anatomical and physiological development of the child while punishing.
We should not forget that we are talking about a Child. Children are not developed to mentally understand the gravity of their wrongdoing. We, as a society, need to decide if we ok to take revenge on Children. Treating Children as adults is wrong — constitutionally, legally, and morally.
We are talking about punishing a Juvenile like an adult, due to moral outrage, misinformation, and fear raised by the Nirbhaya tragedy. Entire structure of law regarding Juvenile cannot and should not be changed based on one incident — no matter how heinous, terrifying, or tragic it might be. Law cannot be made out of an impulsive judgement, based on a news headline.