#Nirbhaya: “We share your concern but there is no legal sanction” – SC dismisses plea by DCW

The Supreme Court of India today dismissed a petition filed by the Delhi Commission for Women seeking the examination of the mental health of the juvenile convict in the Delhi gang rape of 2012..A Bench of AK Goel and UU Lalit JJ. said that are were limited by the statute as it stands today and could not do anything in the matter. Senior Advocate Guru Krishna Kumar appeared for DCW..The petition was an appeal against a decision of the Delhi High Court, which had refused to stay the release of the juvenile. The High Court is however seized of the matter and had issued certain directions with respect to the rehabilitation of the juvenile..When the matter was taken up today, senior counsel Krishna Kumar made two arguments. First, he placed reliance on the proviso to Section 16 of the Juvenile Justice Act, which provides for an alternate arrangement in case the juvenile is a threat to other inmates in the juvenile home. Kumar argued that the same could be done beyond a period of 3 years..His alternative argument was based on reports from the Intelligence Bureau suggesting that the juvenile has been radicalized by other criminal elements during his stay in the juvenile home, and that there was a possibility of him going back to criminal ways..Krishna Kumar made it clear that he was not pressing for further detention of juvenile, but only seeking assessment of his mental health, so that a rehabilitation program could be framed for integrating the juvenile into society..“I am not seeking further detention. Wherever he is, let him continue there. But let there be an independent body constituted by your Lordships to assess his mental condition to decide on what needs to be done.”.The Court, however, made it clear that it was bound by the statute..“There should be some legal sanction. There is nothing in law. We share your concern but law as it stands today [does not provide for this]. We will be taking away the right under Articles 20 and 21 [if we issue any directions].”.Interestingly, Additional Solicitor General Pinky Anand appeared for the Union government and said that she is supporting the stand of DCW. The Court then retorted by saying that the Centre was free to amend the law in this regard..The Court then dismissed the case.