Vanshika Sharma, Maharashtra National Law University Mumbai
ABSTRACT
The State acts as the parens patriae (parent of his or her country) for every child in the country. The juvenile justice system in India gets its foundation from constitutional mandates under the fundamental rights, directive principles of state policy and fundamental duties as well. It is not at all presumable to classify rights and duties without including children in them. The rights perspective is embodied in the UNCRC 1989 which is a landmark in the international human rights framework. In Indian constitution, it is not a delinquent based approach but a general sense of identifying children as a part of a nation by imbibing all human rights achievable. Various general and some specific articles of the constitution signify the importance of child rights, welfare, benefits and legislative intent of juvenile justice legislations in India. It is not easy to examine constitutional paradigm concisely but we can always analyze the proportions which highlight constitutional foundations of juvenile justice system in India.
