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Juvenile Justice System - India And The West: A Critical Legal Study




Arshdeep Singh & Mohit Kumar Gupta, School of Law, Lovely Professional University

ABSTRACT

‘Child is the father of man’ oft mentioned line reverberates our minds when we hear the word juvenile. When such a child becomes a juvenile foremost striking penumbra is the judicial system. Judicial system speaks of reforms when the juvenile number grows. Every child, in order to become a responsible citizen, with good mental, moral, and physical health, requires a safe and healthy social get together with the same cultural environment. Abraham Lincoln observed, “A child is a person who will continue on what you have started. He'll sit where you're seated, and after you're gone, he'll take care of anything you believe is important. You can enact whatever policies you choose, but how well they are implemented is up to him. He's coming to take over your churches, colleges, universities, and businesses. He holds the future of humanity in his hands”.

The brutal attack and rape episode in Delhi on 16th December 2012, where one of the culprits was reported to be a juvenile, sparked a raging discussion over India's juvenile age. Worldwide, juvenile justice systems make more promises than they keep. Juvenile justice is supposed to be intended to rehabilitate youngsters who have displayed criminal behavior. Nonetheless, juvenile facilities in India have been reprimanded multiple times for insufficient infrastructure or failure to provide the 'care' provided under the Act. Many people in the United States have expressed worry about the persistent racial prejudice in American policing. This research study gives an overview of juvenile justice systems (JJS) in the United Kingdom, USA, and India while discussing fundamental issues with juvenile justice systems. This article looks at the legal frameworks that regulate juvenile justice in 3 countries and highlights significant cases that affected the law. This research paper is the outcome of a legal analysis and analysis of the 2015 Juvenile Justice Act, that will show in detail how the new Act directly contradicts both children's constitutional rights and international law. It will also talk about the comparison of Juvenile Acts in various other nations.

Keywords: Juvenile Justice, Legal Framework, Juvenile Act, Analytical

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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