Recalibrating Juvenile Justice in India: A Critical Analysis of Legal Framework

Authors

  • Neha Sara Alex Research Scholar, Department of Law, Kalinga University, Naya Raipur, (C.G.), India
  • Dr. Narendra Kumar Singh Supervisor, Department of Law, Kalinga University, Naya Raipur, (C.G.), India

DOI:

https://doi.org/10.31305/rrijm.2024.v09.n01.039

Keywords:

Juvenile Justice Act 2015, Child Rights, Heinous Offences, UNCRC Compliance, Judicial Interpretation, Restorative Justice

Abstract

This study critically examines the evolution and current dynamics of the juvenile justice system in India, with a specific focus on the Juvenile Justice (Care and Protection of Children) Act, 2015. Rooted in constitutional values and influenced by international child rights instruments such as the UN Convention on the Rights of the Child (UNCRC), India's juvenile justice framework has historically emphasized rehabilitation over punishment. However, the 2015 amendment introduced a significant shift by allowing juveniles aged 16–18 to be tried as adults for heinous offences, raising serious legal and ethical debates. Through doctrinal legal research, this work explores the implications of such reforms in the context of child psychology, international obligations, and domestic jurisprudence. Landmark judgments such as Salil Bali v. Union of India and Subramanian Swamy v. Raju are analyzed to assess the judiciary’s role in upholding or contesting legislative intent. The study also addresses socio-legal dilemmas including age determination, media trials, and the balance between victim rights and juvenile protections. Findings indicate that while the 2015 Act was a response to public outrage and rising juvenile crime, it has introduced inconsistencies in India’s rights-based juvenile justice philosophy.

References

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Sharma, R. “Juvenile Justice in India: A Critical Analysis of the Law and Its Implementation.” International Journal of Law and Legal Jurisprudence Studies, vol. 6, no. 2, 2019.

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Subramanian Swamy v. Raju, (2014) 8 SCC 390.

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United Nations. Convention on the Rights of the Child, 1989.

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UN Committee on the Rights of the Child. Concluding Observations on India’s Report, 2019.

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Published

16-06-2024

How to Cite

Alex, N. S., & Singh, N. K. (2024). Recalibrating Juvenile Justice in India: A Critical Analysis of Legal Framework. RESEARCH REVIEW International Journal of Multidisciplinary, 9(1), 303–310. https://doi.org/10.31305/rrijm.2024.v09.n01.039