Now DCW Opposes the Release of Juvenile Convict in Nirbhaya Case

DCW Chief Swati Maliwal has written to the President, the CJI and Principal Magistrate of the JJB.

The Chief of Delhi Commission for Women (DCW), Swati Maliwal, on Friday, sought the intervention of the Chief Justice of India and President Pranab Mukherjee against the release of the juvenile convict in the December 16 gangrape case.

Maliwal said that he must be kept in the observation home until his reformation is ascertained.

Maliwal shot off letters to President Pranab Mukherjee, Chief Justice of India TS Thakur and the Principal Magistrate of Juvenile Justice Board (JJB) Murari Prasad Singh. She also called the Delhi High Court’s order refusing to delay the juvenile’s release as a “dark day” in the history of the country.

In light of the particularly heinous nature of the crime executed by this boy, the DCW requests your Honourable self to kindly intervene in the matter and ensure that the boy is kept in the observation home at least until his mental frame of mind and reformation is properly ascertained.

Excerpt From Swati Maliwal’s Letter to the President

Referring to the high court order, Maliwal said she understands that both the governments and the courts are bound by provisions of the Juvenile Justice Act. Yet, she maintained that it was necessary to assess the mental condition of the convict in larger public interest as he is viewed as a threat to the society.

If your Honourable self deems fit, a committee may be set up consisting of the DCW and the Delhi State Legal Services Authority (DSLSA) with directions to create a team of the best counsellors from across the country to visit the boy at the home and assess the current mental state of the boy and the quality of reformation that he has undergone.

Excerpt From Swati Maliwal’s Letter to the President

“The findings of the team may assist your Honourable self in taking a decision in the case,” Maliwal added.

Maliwal also sought President Pranab Mukherjee’s intervention for the quick passage of the Juvenile Justice Amendment Bill.

It is imperative that the Juvenile Justice Amendment Bill which seeks to reduce the juvenile age to 16 years in certain categories of cases is pending with the Rajya Sabha is passed along with the requisite amendments for putting in place strong review mechanism of the mental reformation undergone by a juvenile convict before his or her release...I request you to kindly intervene for the quick passage of the said Bill. (sic)

Excerpt From Swati Maliwal’s Letter to the President

The DCW chairperson also said that recently Nirbhaya’s parents had met her and expressed their deep anguish over the imminent release. The same anger, she said, is shared by many citizens of Delhi, including herself.

In her letter she wrote, “Since the status of the boy’s mental reformation has not been properly ascertained, in larger public interest it may be pertinent to detain him at least until the same is done.”

Brushing aside the public outcry against his release on Friday, the high court said BJP leader Subramanian Swamy’s plea seeking stay on the release of juvenile convict cannot be allowed as the statutory and existing law was coming in its way.