Child Protection Framework In India: A Critical Analysis Of The Juvenile Justice (Care And Protection Of Children) Act, 2015
- IJLLR Journal
- Jun 10
- 1 min read
Muktakesh Das & Dr. Surinder Kalyan
ABSTRACT
Children represent one of most vulnerable categories within society, who require special attention legally to ensure their survival, growth, participation and protection. The Indian Constitution, international obligations and legislative enactments all provide for need to protect children from any form of neglect, abuse, exploitation and even criminalization. One of important pieces of legislation related to protection of children within India is Juvenile Justice (Care and Protection of Children) Act, 2015. This law was introduced with objective of consolidating and amending law dealing with children who are alleged to be in conflict with law or children in need of care and protection.
Even with laudable goals that it seeks to achieve Act continues to spark debates especially provision for trying adolescents between ages of sixteen to eighteen accused of committing grave crimes as adults following their preliminary assessment by Juvenile Justice Board. Criticisms have further arisen with regard to efficacy of institutional mechanisms like Juvenile Justice Boards, Child Welfare Committees, Observation Homes, Special Homes and Child Care Institutions. In this paper, framework of child protection provided for in Juvenile Justice Act, 2015 is analyzed in light of its philosophy, legislative history, institutional mechanisms, implementation issues, legal interpretations and current issues facing Act.
Keywords: Child Protection, Juvenile Justice Act, Juvenile Delinquency, Child Rights, Rehabilitation, Child Welfare Committee, Juvenile Justice Board.
