Important Intervention<br> <br> Notices to Centre and Delhi Govt. over threat perception with the release of<br> the juvenile involved in the 'Nirbhaya' rape and murder case

The National Human Rights Commission has taken cognizance of a complaint received from the parents of 'Nirbhaya' who was brutally gang raped and murdered in Delhi on the 16th December, 2012. They stated that the juvenile, who was largely responsible for the death of their daughter and was the most brutal amongst all the offenders, was supposed to be released sometime in December, 2015.
They submitted that such persons are threat to the life and liberty of the common man. There should be a mechanism to keep a strict check on them so that people are not subjected to any risk of being harmed. The laws dealing with women and children should be strengthened. The complainants also stated that the rate of recidivism (committing crimes again) was fairly high.
The complainants requested the Commission to recommend to the Government to prepare a plan to protect the citizens from such delinquent juveniles post their release and also to strengthen the extant laws on the subject. The complainants also cited the SORNA (Sex Offender Registration and Notification Act), which operates in countries such as USA, Canada and others. They stated that similar law should be made operational in India.
The complainants also made a representation to the Union Home Minister on the same subject, a copy of which was also submitted to the Commission along with the complaint.
The Commission observed that "there is no doubt that the complainants have undergone extreme agony and pain after the incident of rape and murder of their daughter. The fears expressed by them need to be looked into."
Accordingly, notices have been issued, with a copy of the complaint, to the Secretary, Govt. of National Capital Territory of Delhi, the Commissioner of Police, Delhi and the Secretary, Ministry of Home Affairs, Govt. of India calling for reports in the matter.
The Commission has further directed as follows:
1. The Chief Secretary, Govt. of NCT of Delhi shall also inform whether any pre-release and post release plan as per Rule 17(3) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 has been prepared in the case of the juvenile? If yes, copies of the same may be furnished to the Commission.
2. The Chief Secretary, Govt. of NCT of Delhi shall furnish a copy of the discharge order, if any, issued under Rule 17(10) of the Juvenile Justice (Care and Protection of Children) Rules, 2007.
3. The Chief Secretary, Govt. of NCT of Delhi shall also inform whether the juvenile has been recently subjected to psychological/psychiatric assessment for assessing his mental health? If yes, a copy of the psychological assessment report shall be furnished.
The Secretary, Ministry of Home Affairs, Govt. of India shall inform the action, if any, taken on the representation submitted by the complainants to the Union Home Minister.