Transformation of the Juvenile Justice System in India

  • Debdeep Giri
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  • Debdeep Giri

    Student at Xavier Law School of St. Xavier's University, Kolkata, India

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Abstract

The Juvenile Justice System in India has evolved rapidly over the years, bringing about significant changes in the legislations safeguarding the rights and well-being of juveniles. Initiating its long journey from The Children’s Act, 1960 to the recent amendments, namely The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, the Indian Juvenile Justice System has substantially ameliorated itself to adapt to the unique needs and challenges faced by juveniles. This evolution creates a balance between both punitive and reformative measures, emphasizing the reintegration of juveniles into society while keeping in mind the need to punish those who commit serious offenses. The Juvenile Justice (Care and Protection of Children) Act, 2000, which emphasized reformation rather than punishment, was deeply criticized because of cases like the Nirbhaya Case and the Shakti Mills Gang Rape Case. These cases showcased the need for reforms, leading to the enactment of The Juvenile Justice (Care and Protection of Children) Act, 2015, that allowed juveniles who committed heinous crimes to be tried as adults. Moreover, to keep up with the dynamic nature of the juvenile world, several amendments have been made to the pre-existing acts to reinforce them to serve juveniles better. The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 is one such recent amendment made to The Juvenile Justice (Care and Protection of Children) Act, 2015. Additionally, this article highlights recent judicial interpretations and the impact of new criminal laws on the Juvenile Justice System. Thus, this article provides a deep insight into the evolution of the juvenile justice system in India and portrays the transformation that India has undergone over the years. It further highlights the challenges faced on its way and the methods implemented to overcome them.

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International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 582 - 588

DOI: https://doij.org/10.10000/IJLMH.118039

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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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