Constitutional Provisions in Relation to Juvenile in India

  • Dipankar Chakraborty and Dr. Mahaveer Prasad Mali
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  • Dipankar Chakraborty

    Ph.D. Scholar at NIMS School of Law, NIMS University, Jaipur, Rajasthan, India

  • Dr. Mahaveer Prasad Mali

    Assistant Professor at NIMS School of Law, NIMS University, Jaipur, Rajasthan, India

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The Constitution of India incorporates several constitutional provisions to protect the rights and welfare of juveniles, defined as individuals below the age of 18 years. These provisions recognize the vulnerability of children and emphasize the need for their special care and treatment within the criminal justice system. Article 15(3) empowers the State to enact special provisions for children, including juveniles, to promote their educational and social advancement. Article 39(f) and Article 45 advocate for securing childhood and youth against exploitation and ensuring free and compulsory education for children until they reach 14 years of age. The Constitution also allows for the establishment of separate juvenile justice courts or systems under Article 15(4), emphasizing compassionate treatment and rehabilitation rather than punitive measures. Additionally, the principles of natural justice and fundamental rights, such as the right to a fair trial and protection against cruel treatment, apply to all individuals, including juveniles. India's Juvenile Justice Act further strengthens this framework, focusing on the welfare and reintegration of young offenders into society. Challenges remain in implementing and enforcing these provisions uniformly across the country, prompting continuous efforts by the government and civil society to improve the juvenile justice system and safeguard the rights of juveniles effectively.




International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 430 - 441


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