Vaibhavi Gundagurthi, School of Law, CHRIST (Deemed to be University)
Introduction
A child’s brain is markedly different from that of an adult, much less developed and much more innocent in thinking. Since a child cannot be considered to have grasped the nature and repercussions of his or her actions to the same degree as an adult, it would be unfair to judge a child as guilty as an adult even though the offence was equivalent. This explains why the process and punishment applicable to a person below eighteen years of age is different and milder. The law pertaining to juveniles aims at reforming them and putting them back in to the mainstream society so that they can lead a normal life as responsible citizens instead of turning into hardened criminals. The Juvenile Justice Board is a judiciary body involved in discharging powers and functions related to hearing of Children in conflict with the law. The issue of juvenile delinquency is a serious issue in our society today which requires more attention since it determines the values of the next generation. However, the changes brought about in the Juvenile Justice (Care and Protection of Children) Act of 2015 surpass the very purpose and objectives of the Act. Laws relating to punishing juveniles for heinous crimes can be an example for the same. This paper aims to target those provisions and questions the validity from a constitutional perspective. For the purposes of the same, the contention will be dealt with in 4 parts. Firstly, that the act is violative of Article 14. Secondly, that the article is violative of Article 15(3). Thirdly, that the act is not in line with the legislations of democratic nations. Fourthly, that the act is in dissonance with the International Law.
