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Balancing Rehabilitation And Punishment: A Critical Analysis Of Recent Amendments In The Juvenile Justice Act

Updated: Oct 22




Ms. Mahima, Research Scholar, Faculty of Law, MDU.

Dr. Anusuya Yadav, Professor, Faculty of Law, MDU.


ABSTRACT


This research paper critically examines the recent amendments to the Juvenile Justice Act, with a particular focus on the intricate balance between rehabilitation and punishment in the context of juvenile offenders. The evolving landscape of juvenile justice is characterized by a growing recognition of the need for a nuanced approach that addresses both the rehabilitative potential of young offenders and the imperative for accountability in the face of serious delinquent behavior. Through a comprehensive analysis of legislative changes, this study explores the philosophical underpinnings of juvenile justice and the extent to which recent amendments reflect a dual commitment to restorative justice principles and societal protection.


The paper begins by contextualizing the historical evolution of juvenile justice legislation, tracing its origins and the shifting paradigms that have influenced policy frameworks over time. The theoretical foundations of rehabilitation versus punitive measures are examined, highlighting the underlying assumptions regarding the capacities for change within young individuals. Building upon this theoretical framework, the study delves into specific amendments made to the Juvenile Justice Act, dissecting their implications for judicial discretion, age thresholds for prosecution, and the nature of interventions mandated by the law.


The findings indicate a complex interplay between the ideals of rehabilitative justice and the pressures for punitive measures, revealing both advancements and limitations in current practices. This research posits that achieving an effective balance between rehabilitation and punishment is not only a legal necessity but also a moral imperative that demands ongoing reflection and adjustment within the juvenile justice system.


Keywords: Juvenile, rehabilitation, restorative, punishment, crime.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Licensing: 

 

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.

 

Disclaimer:

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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