Balancing Rehabilitation And Accountability: Distinguishing Core Philosophies In The Treatment Of Juvenile Offenders In India And Vietnam
- IJLLR Journal
- 1 day ago
- 1 min read
Le Thi Hong Diem, Doctoral Researcher, Faculty of Law, University of Delhi, India; Lecturer, Faculty of Law
Nguyen Tat Thanh University, Ho Chi Minh City, Vietnam
ABSTRACT
Juvenile justice systems must balance two fundamental objectives: rehabilitating young offenders while ensuring accountability and protecting society. The manner in which this balance is achieved reflects each jurisdiction’s underlying philosophy of juvenile justice. This article compares India's Juvenile Justice Act 2015 with Vietnam's Law on Juvenile Justice 2024, examining how each system addresses these competing objectives in treating juvenile offenders. Focusing on diversionary mechanisms, thresholds for criminal prosecution, and institutional design, the study finds that India adopts a differentiated model that strongly prioritises rehabilitation while permitting conditional accountability for juveniles aged 16 to under 18 who commit heinous offences, subject to cognitive capacity assessment. Vietnam, by contrast, employs a broadly discretionary model in which diversion or criminal prosecution may be applied to juvenile offenders of all age groups based on a necessity assessment conducted by procedural authorities. The article argues that while both models seek to balance rehabilitation and accountability, they reflect distinct normative choices and generate different structural risks. Comparative insights are offered to inform legislative refinement in both jurisdictions.
Keywords: accountability; diversion; judicial proceedings; juvenile; rehabilitation
