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Delhi juvenile gang rapist freed amid protests

Rockaria

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Delhi juvenile gang rapist freed amid protests


20 December 2015
Asia

Media captionSanjoy Majumder reports on the release of the youngest of the rapists

The youngest convict in the notorious 2012 Delhi gang rape case has been released from a correctional centre, his lawyer has told the BBC.

Legal challenges failed to prevent the release. The victim's parents were among those detained later at a rally.

The rapist, who cannot be named as he was a minor at the time of the crime, was sentenced to a maximum three years in a reform facility in August 2013.

The rape and the subsequent death of the woman caused global outrage.

Although the convict is now an adult, he was tried as a juvenile and has served the full sentence allowed.

He has now been handed over to a charity, where he will remain because of fears over his safety.

Four adult convicts in the case are appealing against death sentences. A fifth died in prison.

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Asha Singh, the mother of the victim, was among those detained at a protest

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Legal challenges were mounted to keep the convict in jail

Supreme Court

The BBC's Sanjoy Majumder in Delhi says the release has been opposed by many people, including the parents of the victim.

They were prevented from holding a protest rally in central Delhi earlier on Sunday and when they later joined scores of protesters near India Gate, they were among a number detained by police, who broke up the demonstration.

The convict's identity is being changed and no record of his crime will remain in the public domain, a move that has caused more outrage among many in India, our correspondent says.

Media captionThe BBC's Sanjoy Majumder is at the scene as police break up a protest after the youngest of the Delhi gang rapists is freed

A legal challenge by politician Subramanian Swamy to stop the release failed.

A court ruled on the case on Friday, saying: "We agree it is a serious issue. But after 20 December, the juvenile cannot be kept at a special home per law."

Late on Saturday, Swati Maliwal, the head of Delhi Commission of Women, filed a petition to the Supreme Court trying to prevent the release.

It will hear the case on Monday, but the release went ahead anyway.

Rape victims cannot be named under Indian law, but last week the victim's mother, Asha Singh, revealed it at a public rally.

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Protesters have kept up the pressure as the convicted men appeal against their death verdicts

After the release on Sunday, she said: "I just want justice, I want a stay on his release."

She said the Delhi Commission of Women had filed its petition too late on Saturday. "They might have been able to stop the release if they had tried during the day," the Times of India quoted her as saying.

Our correspondent says the laws dealing with sex crimes in India have been strengthened since this case began, but many believe this has not been enough to prevent attacks against women.

Case timeline

16 December 2012: A 23-year-old physiotherapy student is gang-raped by six men on a bus in Delhi, her male friend is beaten up and the pair are thrown out after the brutal assault

17 December: Key accused Ram Singh, the bus driver, is arrested. Over the next few days, his brother Mukesh Singh, gym instructor Vinay Sharma, fruit seller Pawan Gupta, a helper on the bus Akshay Thakur, and the 17-year-old juvenile, who cannot be named, are arrested.

29 December: The victim dies in hospital in Singapore from injuries sustained during the assault; body flown back to Delhi

30 December: Cremated in Delhi under tight police security

11 March 2013: Ram Singh dies in Tihar jail; police say he hanged himself, but defence lawyers and his family allege he was murdered

31 August: The juvenile is found guilty and sentenced to three years in a reform facility

13 September: The four adult defendants are convicted and given the death penalty by the trial court

March - June: The convicts appeal in the Supreme Court and the death sentences are put on hold

20 December: Youngest convict released from correctional centre after serving maximum sentence allowed




 

Rockaria

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Indian court rejects plea to reverse Delhi gang-rapist's release

AFP
December 22, 2015, 7:25 am

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New Delhi (AFP) - India's Supreme Court Monday rejected an appeal against the release of the youngest convict in a fatal gang-rape, sparking fury from the victim's parents who said the ruling was a betrayal of women.

Amid growing outrage at the freeing of the 20-year-old, judges said there were no legal grounds to allow a petition by the Delhi Commission for Women, which wanted to reverse his release from a youth correctional facility.

At a hearing presided over by Justice A.K. Goel and U.U. Lalit, the court said "there is nothing in the law" that would allow them to order him back behind bars and he therefore could not be detained any longer.

The ruling was greeted with despair by the parents of the victim, 23-year-old Jyoti Singh, who has become the symbol of the plight of women in a country with frightening levels of sexual violence.

Her rape and subsequent death from internal injuries three years ago sparked some of the biggest demonstrations in India's recent history, which intensified after being broken up by heavy-handed police tactics.

It also triggered deep soul-searching about the treatment of women in a country where rape victims are often stigmatised and frequently pressured by police and relatives to drop allegations.

"There are no words to describe our disappointment," her father Badrinath Singh told AFP.

"We don't understand all these laws. We only know that the system has failed us."

The convict, who cannot be named for legal reasons, was one of a group of six who abducted the young physiotherapy student after she had spent an evening at the movies with a male friend.

- 'Licence to rape' -

They lured her onto an off-duty bus and then took it in turns to rape her and violate her with a metal rod before throwing her onto the road. She died of her injuries nearly a fortnight later in a Singapore hospital.

One of the six committed suicide while on remand and the other four adult attackers were given the death penalty, although the sentence has yet to be carried out pending an appeal.

The youngest of the convicts was sent to a juvenile correctional facility for a three-year term -- the maximum allowed under Indian law.

Jyoti's mother, Asha Devi, said Monday's ruling showed India had "not learned any lessons from this case" and urged Prime Minister Narendra Modi to introduce laws with tougher sentences for sex attacks.

"They have basically handed young criminals a licence that says before the age of 18 you can rape girls, do whatever you want, because our laws do not have any provisions to punish you," she told reporters.

"They only care about men... women are only betrayed, like they always have been."

Both parents were briefly detained on Sunday after police broke up a protest against the release on security grounds. But they attended a fresh demonstration Monday near parliament that drew crowds from far and wide.

"Modi is our prime minister and I have just one question for him: 'If a case like my daughter's is being ignored, then what kind of murder, what kind of a rape, will it take for the law to be changed?" the mother told AFP as she arrived at the rally.

Some protestors wore T-shirts with slogans such 'Hang the Rapist' while others carried placards with drawings of a noose.

Vikash Sharma travelled from the neighbouring state of Haryana to show his solidarity with the parents.

"He should at least have been given life imprisonment," Sharma said. "The law must be amended to send the message that those who commit heinous crimes can't get away with it if they are minors."

News that he had been freed from the correctional facility and was now being sheltered by a charity was only revealed on Sunday when the juvenile justice board signed his release papers.

However police sources said he was in fact handed over to the charity -- which has not been named over fears of an attack on its premises -- on December 9.

Under Indian law, the victim of a sex attack cannot be named but the parents last week called for people to use Jyoti's name in a bid to end the stigma often attached to victims.



 
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