The debate over release of the juvenile involved in 16 Dec gang rape case is not really about victims’ rights and public safety, even though our Minister for Women and Child Development Mrs. Maneka Gandhi wants us to believe in this hypothesis.
The Bill is setting stage for dismantling India’s child protection regime and this extremely emotional and sensitive issue of women’s safety provides a brilliant cover for State to abandon its welfare obligations to it’s children through this highly disputed bill. State is attempting to ride on public sentiment around the Nirbhaya case and is using it as an opportunity to get rid of the hassle of having to adhere to separate juvenile justice procedure and to deliver rights of children. Media unfortunately is assisting in this.
A lot of what has been reported on juvenile is incorrect. Now a panicked citizenry, which is constantly being panicked on swelling juvenile crime by media, is not ready to hear anything. It’s a fact that when this particular juvenile was declared “Child” by the Juvenile Board, Police chose not to appeal against that order. Why option of appeal on age was never adopted.
The present media driven panic is aimed at making Rajya Sabha surrender to this panic. When panic button is switched on, no one thinks rationally. Ministry of Women & Child Development (MWCD) should explain why ‘aftercare’ has been reduced to ‘One time financial assistance’ ?
It is important to know that victims’ rights and public safety, both the main slogans of the MWCD Minister, used by her repeatedly to garner support around her JJ Bill find no place in the new bill, beyond an ill-conceived judicial waiver. But hardly, as it is to be realised that this very ministry of Woman and Child Development, was wrapped on its knuckles just a few months ago by nothing less than the Supreme Court of India, for having no concern for children.
JJ Bill 2015 is a ready recipe for more crime and more criminals in India. It has nothing to do with public safety and victim rights. Women of this country are opposing this law. Informed and engaged citizens are opposing this law. Nirbhaya case is being used to nullify such opposition.
(Writer is a lawyer, specialising in Juvenile Justice)
