HOW MANY MORE NIRBHAYAS' SACRIFICE WOULD BE REQUIRED TO MOVE THE CONSCIOUSNESS OF THE LAWMAKERS OF THE COUNTRY - MP HC

The Madhya Pradesh HC was hearing a revision petition filed by a 15-year-old against the order by the Sessions Judge, District Jhabua (MP).

In this instant case, the MP HC denied bail to the 15-yr-old accused of raping a 10-yr-old, whereby she was left bleeding for a prolonged period. He committed the same act three days earlier also.

The Court observed that  u/s 15 of the Juvenile Justice Act, the age of a child is kept below 16 for heinous crimes, which gives a free hand to the offenders under the age of 16 years to commit heinous offences. Thus, apparently, the petitioner would be tried as a juvenile only because he is less than 16 years old despite committing such an offence.

Apparently, the present law to deal with such cases is totally inadequate, deficient and ill-equipped, and this Court wonders as to how many more Nirbhayas’ sacrifice would be required to move the consciousness of the lawmakers of this Country.

Lastly, The Court said the petitioner committed the offence twice, and if we keep the petitioner in the care of the parents, it cannot be said young girls around him would be safe, especially when he is enjoying the protection under the 2015 Act.

Author: Papiha Ghoshal