Evaluating The Gaps In The Juvenile Justice Act, 2015 For Heinous Crimes: Adult Punishment V. Juvenile Justice
- IJLLR Journal
- Nov 20
- 2 min read
Viveka S, Christ (Deemed to be University), Bangalore
ABSTRACT
The Juvenile Justice (Care and Protection of Children) Act, 2015, has had a major impact on India’s child rights jurisprudence. It mainly focuses on the treatment of juveniles aged between 16 and 18 accused of heinous crimes. This change has been driven by the public demand for accountability after the 2012 Nirbhaya case. The act introduced Section 15, which empowers the Juvenile Justice Board to conduct a preliminary assessment of a child’s physical and mental capacity, ability to understand the consequences and the circumstances of the offences, and to determine whether they may be tried as adults. The provision attempts to balance both rehabilitative ideals and retributive concerns. The paper evaluates on the developments in the tracing development from colonial legislation to the 2015 Act. It examines Articles 14, 20(3) and 21 in the Constitution of India, judicial interpretation, such as the Supreme Court and High Court judgements. A theoretical framework based on natural justice and procedural fairness has been applied while examining Section 15. It also focuses on the implementation challenges in the juvenile justice board and addresses the improper training of members. Comparative perspectives from international standards such as the UN Convention on the Rights of the Child (UNCRC) and the analysis from countries like the UK, US and Scandinavian countries have undermined the importance of the restorative approach. The study adopts a doctrinal research methodology. The research involves a review of statutory provisions, "An Analysis of Section 15 of the Juvenile Justice Act, 2015" by Deepak Singh, "Preliminary Assessment - Section 15 Juvenile Justice (Care and Protection) Act 2015: View Point of Legal Aid Counsel" by Jasdeep Kaur, "Analysis of Section 15 of the Juvenile Justice (CARA) Act, 2015 in the Context of the UN Convention on the Rights of the Child" by Shivani Samanta, The Juvenile Justice Act 2015 - Critical Understanding" by Ved Kumari, and "Juvenile Delinquency: A Critical Analysis of Juvenile Justice Act, 2015" by Ahana Majumder. Judicial pronouncements from the Supreme Court and various High Courts, along with the UN Convention on the Rights of the Child (UNCRC). The paper focuses on the critical gaps in the preliminary assessment, such as limited expert availability, lack of proper guidelines and constrained timeframe. It also includes the policy recommendations to address the gaps in Section 15. It also highlighted the inconsistent outcomes across various states due to regional disparities. The study focuses on a more child-centric, transparent and accountable juvenile justice system that upholds both international standards and constitutional mandates. Therefore, it addresses the consequences of treating juveniles as adults, especially the prioritising of long-term rehabilitation over punitive measures.
Keywords: Juvenile Justice Act 2015, Section 15, Preliminary assessment, Heinous crimes, Child rights, Mental capacity.
