The 2012 Nirbhaya incident is once again at the threshold of criminal justice in India with the accused juvenile ready to be released from the reform institution on December 15.
The unnamed juvenile, who was shy of two months from turning 18 during the incident, was indicted by the Supreme Court under the Juvenile Act and sent to a remand home.
Nirbhaya’s parents have approached the National Human Rights Commission (NHRC) saying that the juvenile, who is now 21, continues to pose a threat to society. On the basis of their compliant, NHRC has issued a notice to the Delhi and Central government.
Nirbhaya’s parents also suggested that the government have a sound plan where they are able to effectively track the behaviour of the offender should he decide to break the law again. Laws such as SORNA (Sex Offender Registration and Notification Act) which are in application in countries such as the US and Canada require States to monitor the movements and the actions of the sex offender.
The information of his release in December this year under apparent public scrutiny, has the police considering extending his sentence under NSA (National Security Act).
Speaking to NewsX, Nirbhaya’s father said, “If the accused is being released in December, the government should at least show his face to the public. If his mentality hasn’t changed, he will be a cause of danger to the welfare of the public.”
The commission also sought information from Delhi government about whether the juvenile has been subjected to psychological treatment.
The maximum period of detention under NSA is one year.