Samriddhi Upadhyay, LLB, Law Centre 2, Faculty of Law, University of Delhi
ABSTRACT
The Juvenile Justice Act, 2000 was brought in to consolidate and amend the law relating to children in conflict with law, and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs and by adopting a child-friendly approach, in the adjudication and disposal of matters related to children. The Juvenile Justice Act, 2000 was replaced by the Juvenile Justice Act, 2015 (hereinafter referred to as “The Act”) in view of the brutal gang rape case that took place in Delhi on 16th December, 2012 where one of the convicts was a 17-year minor. The Act controversially lowered the age of majority from 18 to 16 in exceptional cases, sparking debate over whether it is a viable solution. The Act was criticized by many social workers and NGOs. In the past few years due to the increase in juvenile delinquency cases a need has been felt to reform the Act. The author argues for a more nuanced approach, where a juvenile’s maturity and intent are assessed individually, rather than relying solely on age. While the Act aims to protect minors, it must also ensure justice for victims, suggesting that in serious cases, minors should face penalties akin to adults, coupled with reformative measures to prevent future crimes.
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