Katju Explains Why Even A Change In Juvenile Law Cannot Get Nirbhaya Rapist Back In Jail

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1:44 pm 21 Dec, 2015

We told you why it was not right to blame the Delhi government for providing a one-time Rs.10,000 assistance to the Nirbhaya rapist released after just three years in prison because he was a juvenile at the time of committing the crime.

We told you that it is THE LAW.



Nirbhaya’s Mother, Asha Devi, is seen here with Shabana Azmi addressing a programme on Nirbhaya gang-rape case at Jantar Mantar in New Delhi. PTI?The Hindu

People are now asking for the law to be changed. Protests are being held even as the Supreme Court cited inability to keep the convict in detention removing what could have been the final hurdle for him.

Rejecting the request of the Delhi Commission for Women (DCW), the Supreme Court indirectly blamed the Parliament, saying:

“In the absence of any law we can’t take away the right of a person. There has to be legislative sanction.”

Speaking on the matter for the first time, Justice Markandey Katju has lent support to the Supreme Court’s decision.

What is also important to note is that Justice Katju has made it clear that even if the Parliament amends the law to bar such dreaded convicts to go scot free with a light punishment, there is no way to put this rapist behind bars again for the same crime.



Nirbhaya caseI did not want to comment earlier on the Nirbhaya matter, but the Supreme Court has rightly rejected the…

Posted by Markandey Katju on Sunday, 20 December 2015

And when a commentator proffers a solution, Katju points at the legal tangle.


Article 20(1) of the Constitution of India is what Justice Katju stated in his post.


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