Tirath N Shah, School of Law, Christ (Deemed to be University), Bangalore, Hosur Main Road, Bhavani Nagar, Post, Bengaluru, Karnataka
ABSTRACT
In the ever-developing society that we live in children are considered as one of the most important assets of a nation. A nations wealth these days is calculated by the number of its youths. Hence, wealth in the current society lies in the quality of youth that a country holds. India is a country whose one third population comprises of children. Therefore, it is important that the legislative framework that governs such an important part of our country be effective and efficient in its provisions. The current system that governs the children in conflict with law is the Juvenile Justice (Care and Protection of Children) Act, 20151. This act provides with various mechanisms that are to be used whilst dealing with the children in conflict with law. This paper seeks to analyse the current juvenile justice system in India in relation to the contemporary happenings of the country and determine whether the current system is effective and efficient not merely in a theoretical way but also in a practical way and also the alignment of the provisions of the act to international standards such as the UNCRC2. This paper further seeks to analyse the working of the juvenile justice boards in India in respect of the nature of the punishments given i.e. the reformative approach of the act and seeks to critique the same using recent cases and journal articles. This paper uses a doctrinal and qualitative method of research wherein various primary sources such as statutes, international agreements are used, this paper also uses various secondary sources which include cases, journal articles and so on. Further, this paper seeks to provide various recommendations and suggestions regarding the current status of juvenile justice system in India.
Keywords: Children, India, Juvenile Justice Act, Reformative Approach, UNCRC.
Comments