​“Learned no lessons from Nirbhaya case”: Madhya Pradesh High Court criticises lenient treatment of crime-accused juvies in India

The Madhya Pradesh High Court has issued strong remarks criticizing the lenient treatment of juveniles in India, stating that the country’s legislature has failed to learn from the 2012 Nirbhaya gang-rape case. In an order dated September 11, Justice Subodh Abhyankar from the Indore bench of the High Court expressed his concerns while dismissing an appeal filed by a man convicted in the rape of a four-year-old girl in 2017.

The convict was 17 years old at the time of the crime and had escaped from a juvenile correction home in 2019, just six months after being sentenced. Commenting on this, the court said, "Juveniles in this country are being treated rather too leniently, and the Legislature, to the utter misfortune of the victims of such crimes, has still not learnt any lessons from the horrors of Nirbhaya."

Harsh words for legislative inaction

Justice Abhyankar drew attention to the overwhelming medical evidence in the case and the brutal nature of the crime, stating that the convict’s behaviour was "demonic." The court further noted the convict’s escape from the juvenile home as evidence of his dangerous mindset, saying, "He is presently at large, probably lurking in some dark corner of the street, for yet another prey, and there is nobody to stop him."

The court also pointed out that despite repeated calls from constitutional courts, there has been little legislative impact since the 2012 Nirbhaya case, which involved the brutal gang-rape and murder of a 23-year-old physiotherapy student in Delhi. The incident sparked nationwide outrage and led to demands for stricter laws to address such crimes, but the court noted that these demands have gone largely unheeded.
The Nirbhaya case, which occurred in December 2012, became a turning point in India’s legal framework for dealing with sexual offences. The case led to the enactment of stricter laws, including the Criminal Law (Amendment) Act, 2013. However, as highlighted by the Madhya Pradesh High Court, the reforms may not have gone far enough, particularly in addressing crimes committed by juveniles.

The High Court has directed that a copy of its order be sent to the Law Secretary, Department of Legal Affairs, Government of India, New Delhi. The court’s sharp observations highlight its frustration with the current juvenile justice system and its call for legislative reform to address crimes involving minors.

Convict's appeal dismissed, arrest warrant issued

The convict had been sentenced to 10 years of rigorous imprisonment by an additional sessions judge in Indore on May 8, 2019, under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act. The lower court had ordered that he be sent to jail once he turned 21. However, after escaping the juvenile home along with seven other boys in November 2019, the convict remained at large.

The High Court upheld the lower court's sentence and dismissed the convict’s appeal, ordering the issuance of a warrant for his arrest so that he can serve the remainder of his sentence.