A Brief Of Nirbhaya Case (2012)

By Jasdeep Views: 15658

Nirbhaya Case (2012)

On December 12, 2012, a 23-year-old woman (later called Nirbhaya by the media) was brutally gang-raped and assaulted on a moving bus in Delhi.
The incident triggered nationwide protests and public outrage, highlighting the issue of women’s safety in India.
Among the six accused, one was a juvenile (below 18 years old at the time) and was tried under the Juvenile Justice Act, 2000. He received a maximum sentence of 3 years in a reform home, which many people considered too lenient given the gravity of the crime.

Public Reaction and Demand for Change

The lenient sentence for the juvenile led to demands for stricter laws for minors involved in heinous crimes.
The public and media pressure forced the government to re-examine the provisions of the Juvenile Justice Act.

Amendment to Juvenile Justice Act (2015)

In response, the Juvenile Justice (Care and Protection of Children) Act, 2015 was passed by the Parliament, replacing the 2000 Act.
Key change: It allowed juveniles aged 16-18 years, who are involved in heinous offences (crimes punishable with 7 years or more of imprisonment), to be tried as adults after assessment by the Juvenile Justice Board.
This amendment was directly influenced by the Nirbhaya case and public sentiment.

Impact

The amendment aimed to strike a balance between child protection and justice for victims of serious crimes.
However, it also sparked debates over child rights and the effectiveness of punitive justice versus reformative approaches.

Written By: Dr Jasdeep Kaur Advocate, Ph.D. law from Amity University, Jaipur, Rajasthan, She completed her LL.M. in Corporate Governance and Banking Laws from the University School of Law and Legal Studies at Guru Gobind Singh Indraprastha University, Delhi contact at advjasdeepkaur@gmail.com 9821378225