A Review Of The Juvenile Justice (Care And Protection Of Children) Act, 2015
- IJLLR Journal
- Mar 18
- 2 min read
Vaibhav Kumar, National Forensic Sciences University
ABSTRACT
Children are the promise and foundation of society, yet they are also among its most vulnerable members. Crimes against children, as well as instances of children committing crimes, pose complex challenges that require strong understanding and intervention. These issues highlight the delicate interplay between protection, accountability, and rehabilitation within the justice system. This research delves into the legal frameworks, societal attitudes, and institutional mechanisms designed to address such cases, focusing on India's evolving jurisprudence and policy measures. By examining landmark cases, statutory provisions, and international conventions, this study aims to shed light on the effectiveness and limitations of current approaches while proposing reforms to safeguard the interests and rights of children better.
The paper explores the legal provisions of the JJ Act, detailing its classification of offences into petty, serious, and heinous categories and its comprehensive approach to protecting children at risk. It also emphasises the establishment of Juvenile Justice Boards (JJBs) for adjudicating cases involving children in conflict with the law and Child Welfare Committees (CWCs) for addressing the needs of children requiring care and protection. These bodies play a significant role in evaluating individual cases and determining appropriate interventions to advance the welfare and rehabilitation of affected children. The JJ Act has progressive objectives but faces considerable challenges. Procedural delays in trials, inadequate infrastructure for rehabilitation, and inconsistent implementation across states are some of the discussions in the paper. The paper also provides case studies to illustrate these challenges, such as instances where children's rights are compromised or are subjected to harsh treatment within the justice system.
The review further addresses India's International Obligations under the Union Nations Convention on the Rights of the Children(CRC), assessing how well the CRC align with these standards.
In conclusion, while the JJ Act represents a significant advancement in protecting children’s rights within India’s legal framework, it necessitates ongoing reforms to address its shortcomings. This paper advocates for a more robust implementation strategy that prioritises rehabilitation for all children in conflict with the law and those in need of care, ensuring that their rights are upheld and their well-being is safeguarded within the juvenile system.
