Student at Amity University, Lucknow Campus, India
The juvenile justice system in India has evolved to strike a delicate balance between rehabilitation and punishment, reflecting the country's commitment to protecting the rights of minors while addressing the gravity of juvenile offenses. The Juvenile Justice (Care and Protection of Children) Act, 2015, represents a significant shift in India’s approach toward juvenile offenders by introducing provisions for both rehabilitation and punitive measures. This law distinguishes between minors below 16 years and those aged 16 to 18, allowing for the trial of the latter as adults in cases of heinous crimes. The shift was influenced by public outrage over high-profile cases, highlighting the need to strengthen the legal framework while ensuring that minors are not subjected to unjust punishment. The judiciary has played a crucial role in interpreting these laws, emphasizing the need to protect the best interests of the child while acknowledging the severity of certain crimes. Courts have reinforced the importance of restorative justice and reformative measures, including counseling, vocational training, and reintegration into society, to prevent recidivism. However, the tension between rehabilitation and punishment remains a subject of legal and social debate, with critics arguing that treating minors as adults undermines the very principle of juvenile justice. The paper examines key judicial pronouncements, legislative amendments, and their impact on the juvenile justice framework. It also explores how the judiciary has attempted to create a balanced approach by considering the psychological maturity, social background, and nature of the offense while determining appropriate legal measures. The analysis highlights the need for a more consistent and sensitive approach to juvenile justice, ensuring that the system effectively rehabilitates young offenders without compromising the principles of fairness and justice.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 1390 - 1409
DOI: https://doij.org/10.10000/IJLMH.119219This 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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