The Juvenile Justice (Care and Protection of Children) Act of 2015: Obstacles and Opportunities for implementation in India

  • Abhishek Mishra and Shagun Tiwari
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  • Abhishek Mishra

    Assistant Professor at Amity Law School, Amity University, Lucknow, India

  • Shagun Tiwari

    Student at Amity Law School, Amity University, Lucknow, India

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Abstract

An important piece of legislation in India's efforts to treat young offenders with rehabilitation and a child-centred approach is the Juvenile Justice (Care and Protection of Children) Act, 2015. This study critically looks at the opportunities and difficulties related to this Act's implementation. With a multidisciplinary approach that includes legal, social, and psychological aspects, the study looks to offer a thorough comprehension of the Act's influence on the juvenile justice system. According to the research, there are several difficulties, such as unclear definitions and assessments of juveniles, overburdened infrastructure and resources, insufficient stakeholder training, socioeconomic inequalities, and problems with rehabilitation and reintegration. The study also examines the potential of diversionary tactics to lower recidivism rates among young offenders and evaluates their efficacy. On the other hand, the report also identifies a number of encouraging opportunities for the Act's effective execution. These include the creation of juvenile justice boards, a greater emphasis on rehabilitation, and innovative strategies like restorative justice techniques. Furthermore, the Act's focus on the rights and protection of children is examined in light of changing public beliefs of young offenders. To give a fair and insightful analysis, this study uses a wide range of sources, such as case studies, empirical data, legislative texts, and interviews with important players. By examining both the challenges and prospects, this paper offers valuable insights for policymakers, legal practitioners, social workers, and scholars, aiming to contribute to the ongoing discourse surrounding juvenile justice reform in India.

Keywords

  • Juvenile Justice Act
  • Care and Protection of Children
  • Rehabilitation
  • Diversion
  • Restorative Justice
  • Implementation Challenges
  • Child Rights
  • Juvenile Justice Boards
  • Recidivism
  • Societal Attitudes

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 1543 - 1554

DOI: https://doij.org/10.10000/IJLMH.1110544

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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