Juvenile Justice And Correctional Techniques: A Study Of Observation And Special Homes In India
- IJLLR Journal
- 2 hours ago
- 1 min read
Ahammed Manzoor K, LLM, Govt. Law College, Ernakulam
INTRODUCTION
Background of Juvenile Justice System in India
The juvenile justice system in India has evolved from a punitive to a rehabilitative approach, emphasizing the welfare of the child rather than retribution. This transformation is rooted in the understanding that children, due to their developmental stage, are more amenable to reform than adults. The modern framework governing juvenile justice is primarily shaped by the Juvenile Justice (Care and Protection of Children) Act, 2015, which replaced the 2000 Act following widespread public outcry after the Nirbhaya incident.1 The 2015 Act provides for children aged 16 to 18 to be tried as adults in cases involving heinous offences, subject to assessment by the Juvenile Justice Board.2
The Indian juvenile justice system is also significantly influenced by international standards such as the United Nations Convention on the Rights of the Child (UNCRC),3 which India ratified in 1992. The key institutions under the Act include Juvenile Justice Boards (JJBs) for children in conflict with the law and Child Welfare Committees (CWCs) for children in need of care and protection. Supporting these legal bodies are specialized institutions such as Observation Homes and Special Homes, which serve as rehabilitation spaces for juvenile offenders.
A landmark case that shaped the understanding of juvenile justice in India is Sheela Barse v. Union of India, where the Supreme Court emphasized the need for separate treatment and protection of children under the law.4 This judicial shift marked a commitment to the rightsbased approach enshrined in both domestic law and international obligations.
Comentarios