He has a right to live: Highlights of SC verdict on Dec 16 juvenile

“If anything has to be done, it has to be done according to the law. We have to enforce the law,” a vacation bench comprising justices A K Goel and U U Lalit said.

Frantic last-minute efforts to block the release of the youngest convict in the December 16 Delhi gang rape failed on Monday after the Supreme Court dismissed a petition by the Delhi Commission for Women.

The bench did not agree with the submission that the juvenile offender can be subjected to the reformation process for a further period of two years under the juvenile law. (HT Photo)

Here’s what the top court said in the case that has sparked protests and a nationwide debate on harsher penalties for underage criminals:

1. No power to extend sentence of Delhi gang rape convict

2. The bench did not agree with the submission that the juvenile offender can be subjected to the reformation process for a further period of two years under the juvenile law

3. “Under what jurisdiction can we extend his detention?” “If anything has to be done, it has to be done according to the law. We have to enforce the law.”

4. “Will we not taking away somebody’s right to life guaranteed under Article 21 of the Constitution. There is nothing in the law to provide that,” the bench said when the counsel for DCW cited provisions to drive home the point that the delinquent juvenile can be allowed to go through the further reformation process.

What SC told the government: You are supporting them without making the law. There must be some legislative sanction behind it. In no case it can get extended.

What SC told DCW: We share your concern, but cannot do anything without legislative sanction. It added that the period cannot be extended beyond three year.