ABSTRACT

How can a community ensure that justice is provided to its youngest members? The Indian system for juvenile justice ensures that the needs and rights of children in legal trouble are met by considering legal frameworks, societal norms, and therapeutic philosophies. This article delves deeply into the juvenile justice system of India, highlighting significant issues relating to the effectiveness, fairness, and compassion of the existing structure.

What changes have taken place in India’s approach to juvenile justice over time? From the impact of colonial history to present-day developments, there has been a shift in the recognition of the unique needs and rights of children. The foundation of this progress lies in the Juvenile Justice (Care and Protection of Children) Act, 2015. How effectively does this Act achieve a harmonious blend of rehabilitation and accountability?

The effectiveness of Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) in institutions is crucial. Are these bodies operating with the required empathy and effectiveness? The assessment of Special Homes and Observation Homes in delivering rehabilitation beyond mere imprisonment is examined for their efficacy.

Juvenile justice implementation in India is beset with difficulties. What structural problems prevent an equitable and efficient system? This essay examines institutional conditions, court delays, and facility overpopulation. It questions the real impact of rehabilitation policies and initiatives by critically examining them. Are programs for education and career training effectively preparing young people for reintegration?

How are India’s juvenile justice policies influenced by international conventions? This study explores adherence to international norms and the function of NGOs in filling in gaps. There is also discussion of the societal ramifications, such as stigmatization and difficulties with reintegration.

In light of the COVID-19 outbreak and recent legislative reforms, this report identifies optimal practices by comparing the juvenile justice systems of other nations with India’s. What measures may India take to improve its framework?

This report concludes with policy proposals for enhancing the juvenile justice system in India. It seeks to further the conversation on juvenile justice by raising important issues and offering perceptive analysis, all the while promoting a fair, compassionate, and developmentally appropriate system for all children.

Keywords – Legal Framework, Juvenile Justice, Rehabilitation, Juvenile Justice Act 2015, Juvenile Protection, Punishment and Reformation.

INTRODUCTION

The juvenile justice system aims to safeguard and enhance the human rights of all minors. It is a legal field that focuses on young individuals who have been charged with crimes or are abandoned or neglected by their parents/guardians. The focus is primarily on the rehabilitation of young offenders rather than on adult criminal justice.[1] In cases involving young people charged with crimes, known as juveniles in conflict with the law, global norms stress the need for both prevention and rehabilitation. International standards recognize “the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth.”[2]

In India, the juvenile justice policy is mainly guided by the constitutional requirement stated in Article 15, which ensures the protection of children’s rights through specific laws and policies.[3] The policy is based on constitutional guarantees like the right to equality, protection of life and personal liberty, and the right against exploitation (found in Articles 14, 15, 16, 21, 23, and 24). The Indian Constitution highlights the State’s responsibility to stop the exploitation of children and to enhance their well-being. This policy with maintaining international standards of human rights law formulated into Juvenile Justice Act, firstly in 2000 and then amending it in 2015 regulates the present juvenile justice system in India.

[1] Van Bueren, Geraldine (2006), „Article 40: Child Criminal Justice‟, in A.Alen, J. Vande Lanotte, E.Verhellen,

F.Ang , E.Berghmans and M.Verheyde (eds.), A Commentary on the United Nations Convention on the Rights

of the Child, Leiden: Martinus Nijhoff Publishers, p. 170

[2] Convention on the Rights of the Child, Art. 40

[3] Bajpai, G.S. (2006). „Making it Work: Juvenile Justice in India’, Paper presented at the National Seminar on

Care & Protection of Disadvantaged Children in Urban India at RCUS, 17-18 Nov.2006, Lucknow