The Indore bench of the Madhya Pradesh High Court termed the Juvenile Justice Act "totally inadequate and ill-equipped" while denying bail to a boy accused of raping a girl twice earlier this year in Jhabua, Madhya Pradesh. The court further claimed that the Act gives a free hand to delinquents under 16 to commit serious offences.
While hearing the bail plea of the minor accused of rape on June 15, the bench of Justice Subodh Abhyankar asked how many more Nirbhayas' sacrifices (referring to the 2012 rape case in Delhi )are required to move the "conscious" of the country's lawmakers. The court order was posted on June 25.
"As a parting note, this court is also at pains to observe that the Legislature has still not learnt any lesson from the Nirbhaya case of Delhi. As the age of a child is still kept below 16 years in heinous offences under section 15 of the Juvenile Justice (Care and Protection of Children) Act 2015, giving a free hand to the delinquents under the age of 16 years to commit heinous offences," the court said.
"Apparently, the present law to deal with such cases is totally inadequate and ill-equipped and this court really wonders as to how many more Nirbhayas' sacrifices would be required to shake the conscious of the lawmakers of this country," the court said in the judgement. As per section 15 of the Act, the petitioner would only be tried as a juvenile for he is under 16 years of age even though the conduct of the petitioner reveals that he committed the heinous offence in full consciousness and not out of ignorance, the court added.
"This court is unable to agree with the observation made by the probationary officer that an offence of rape can be committed due to ignorance. An offence of rape, being carnal in nature, cannot be committed unless a person has the specific knowledge of the same. In such circumstances, in the considered opinion of this court, if the petitioner is again left to the care of his parents, considering their earlier negligence to harness him, it cannot be said that the girls of tender age around him would be safe and secure, especially when he is enjoying the protection of Juvenile Justice Act. Thus, his release, in the considered opinion of this court, would defeat the ends of justice," the order said.
While opposing the plea, Mahajan also noted that rape cannot be deemed a 'negligent act' for it requires all kinds of knowledge. Not even a minor can commit rape out of ignorance, she reiterated. "Moreover, no one can commit such a heinous crime twice in ignorance as the accused had done it and the same was pointed out by the victim in her statement to the cops," she said.
The counsel for the accused, however, pressed that lower courts were mistaken in not allowing the minor bail under section 12 of the Act.