Born Guilty? Minority Youth In The Juvenile Justice System In India
- IJLLR Journal
- Jun 1
- 2 min read
Zeba Afrin, LLM, Aligarh Muslim University, Department of Law, 202001
Tahseen Tabrez, Law Graduate, University of Delhi, Law Centre-II, 110007
ABSTRACT
This paper examines the disproportionate involvement of India’s marginalised minorities (including Dalits, Adivasis, and religious minorities) in the juvenile justice system. Drawing on official reports and civil society studies, it documents how children from these communities are over- represented in observation and special homes and are frequently stigmatised as “habitual offenders.” Indian law formally emphasises rehabilitation and reintegration of children in conflict with the law; indeed, the Juvenile Justice (Care and Protection of Children) Act, 2015 mandates education, vocational training, counselling and aftercare for all children. However, most child-care institutions can offer only the bare necessities, and aftercare programs are poorly implemented. Consequently, many marginalised youth leave custody with unresolved trauma, unmet needs, and a criminal label, undermining their reintegration into society. The paper also situates the Indian situation in a broader context: e.g. in the US and UK, Black and other minority youth face analogous disparities. Key Indian cases and statutes are analysed in light of international law (UNCRC, Beijing Rules, etc.) to highlight the gap between India’s legal ideals and on-the-ground realities. The paper concludes that pervasive poverty and caste bias produce structural discrimination against minority children at every stage of the system; from policing and arrest to detention and release, thereby violating both India’s constitutional guarantees (Art. 15, 21) and its international obligations (CRC Art. 40(1) et seq.). It recommends urgent reforms: rigorous anti‐ discrimination safeguards, strengthened rehabilitation funding, and community‐based alternatives to incarceration.
Keywords: Juvenile justice; Children in conflict with law (CICL); Minority youth; Dalits; Adivasis; Muslim youth; Structural discrimination; Caste bias; Rehabilitation; Aftercare; Habitual offender; Child rights; Comparative juvenile justice; Institutional bias; Stigma; Police profiling; Constitutional rights.
