'No lessons learnt from Nirbhaya horror...': MPHC's observation on juveniles
What's the story
The Indore bench of the Madhya Pradesh High Court has expressed concern over what it perceives as lenient treatment of juveniles involved in serious crimes.
The court made this observation while dismissing an appeal by a rape offender who had escaped from a juvenile home.
Justice Subodh Abhyankar stated during the hearing, "This court is once again at pains to observe that juveniles in this country are being treated rather too leniently."
Case background
Court dismisses appeal of rape offender
The accused had appealed to the HC following a sessions court order that sentenced him to 10 years of rigorous imprisonment under the Indian Penal Code section 376(2). This was for raping a four-year-old girl in December 2017.
He was also given a concurrent 10-year sentence under the Protection of Children from Sexual Offences Act.
After his arrest, he was sent to a juvenile home but managed to escape in 2019 while his case was still pending in the HC.
Legal critique
Justice Abhyankar criticizes lenient treatment of juveniles
Justice Abhyankar criticized the lenient treatment of juveniles involved in serious crimes, stating that it is unfortunate for victims that the legislature has not learned from past incidents like Nirbhaya.
"Looking at the overwhelming medical evidence in this case, it does not take an expert to see how demonic the appellant's conduct was while he was juvenile," he said.
He also expressed concern about the accused's current whereabouts and potential threat to society.
Legislative impact
Court's concern over impact on legislature
Justice Abhyankar further expressed disappointment that despite repeated calls for stricter measures against juvenile offenders, there has been little impact on the legislature.
"And, although such voices are being raised time and again by the Constitutional Courts of this country...they have not been able to make any impact on the legislature even after a decade of Nirbhaya which took place in 2012," he added.
Legal critique
Justice Abhyankar's previous criticism of Juvenile Justice Act
In his previous orders, Justice Abhyankar has been critical about the age of 16 years being fixed under section 15 of the Juvenile Justice Act 2015.
He argued that this provision gives a free hand to delinquents under the age of 16 to commit heinous offenses.
To ensure his concerns reach relevant authorities, he directed the court registry to send a copy of his order dismissing the appeal to the law secretary, department of legal affairs in New Delhi.