Nirbhaya gangrape case: Family wants face of juvenile rapist revealed
Believed to have been the most brutal among his daughter's rapists, the juvenile was given the maximum sentence of three years' imprisonment in a reform facility. He will step into the free world sometime in December.
Almost three years have passed since that December night when his daughter was gangraped in a moving bus and left to die on the roadside. Next month, one of her killers will be out. "If nothing else, show us his face," Nirbhaya's father pleads to the authorities.
Believed to have been the most brutal among his daughter's rapists, the juvenile was given the maximum sentence of three years' imprisonment in a reform facility. He will step into the free world sometime in December. "He is an evident threat to society, to women and my family as well. Nobody knows how he looks. He has shown no sign of improvement. He was on the way to becoming a jihadi. How do we know we are safe?" Nirbhaya's father asks.
In an interview to MAIL TODAY, the 55-year-old, says: "He will be out soon. He can attack any girl on the street like he attacked Nirbhaya."
Now 20, the rapist was convicted for gangraping Nirbhaya in a moving bus on 16 December 2012, along with five other accomplices. The others - Vinay Sharma, Vinay Kumar, Ram Singh, and brothers, Mukesh and Pawan Gupta - being adults, were sentenced to death by the Delhi High Court. Ram Singh committed suicide in Tihar Jail in 2013.
Parents of the victim have made representations to the National Human Rights Commission (NHRC) and Union Home Minister Rajnath Singh. "From what we have learnt from the media, he has shown no signs of improvement so far. He was getting indoctrinated in jihad inside his juvenile home. The police has said he has become street smart and learnt to abuse the system," says Nirbhaya's father.
"Tomorrow he will be living amongst us anonymously. Will he be able to resist the temptation of similar crimes? If there is no law that can jail him, at least make his face public and monitor his movements," he says.
His representation suggests laws should be framed akin to the ones in US and Canada in this regard. "Such persons are threat to life and liberty of the common man. The rate of recidivism, committing crimes again, is also fairly high. The government must prepare a plan to protect citizens from such delinquent juveniles post their release by modeling laws on acts like US' SORNA (Sex Offender Registration and Notification Act)," the representation says.
SORNA, which operates in all 50 states of USA, Canada and some other countries, involves public notification on sexual offenders through a website. It provides important information about convicted offenders to federal authorities and the public, such as the his name, current location and occupation. The Federal Bureau of Investigation (FBI) and United States Attorney's Offices around the country investigate and prosecute sex offenders who fail to register and/or upload their details pursuant to SORNA.
"Similar law should be made operational in India," the petition by Nirbhaya's parents says. NHRC has issued notices to the Secretary, Government of Delhi; Delhi Police Commissioner; and Secretary, Ministry of Home Affairs, calling for reports in the matter within two weeks, on this plea.
Women and child rights lawyers, however, are not in favour of such a move. Supreme Court advocate Kamini Jaiswal told Mail Today, "This is absurd. In a country with a population 100 million, how will you track one person? Is it possible? When there are more pressing problems like poverty and disparity, you are asking for tracking a person."
Former chief of Jagori, a women's rights NGO, Kalpana Viswanath, said, "I respect the parents of Nirbhaya. They have conducted themselves with immense grace in the past few years. However, we should stop getting emotional over this case. SORNA for India can be considered but it's a long term decision."
Rapid Fire
Kalpana Viswanath adviser with Jagori, a Delhi-based women's rights organisation
Q. How do you view the demand placed by Nirbhaya's father for the juvenile rapist's identity or face to be made public?
A. It is definitely not possible under the current law. Also, rules cannot be framed or twisted on case-to-case basis. The idea of sending a juvenile delinquent to a rehab home is to distance him from criminality and turn him towards a civil and gentle life. It is to reintegrate him into the society. By showing his face, do we want to incarcerate him for the rest of his life?
Q. The victim's father says the juvenile has not reformed...
A. That's a matter that could be looked into, but legislation is done keeping the holistic scenario in mind. As a criminal justice system, we need to be unbiased and working on principles which are not changed every day. We cannot continue to get emotional over one case.
Q. What about their concern for safety?
A. I understand where they are coming from. They are a very brave family. They have conducted themselves with immense grace in the past few years.
Q. Should a law like US' SORNA (Sex Offender Registration and Notification Act) be brought into effect in India?
A. We should definitely be open to discussion. Good lawyers and judges are needed to sit together on this and deliberate. Do we want registry of sexual offenders in India and knowledge of their past and present to be made public, that is the question.