Vikhram Somnat Seshadri, Gujarat National Law University
ABSTRACT
This research paper provides a comprehensive analysis of the evolution of the Juvenile Justice System in India, from the enactment of the Juvenile Justice Act, 1986, to the amendments introduced in the Juvenile Justice (Care and Protection) Act, 2015. It investigates the drivers behind these changes, notably the public response following the Nirbhaya gang-rape case in 2012, which led to amendments permitting juveniles aged 16-18 to be tried as adults for heinous crimes.
Moreover, the paper scrutinizes the theoretical foundations of Reformative Theory and Reactance Theory, highlighting their significance in understanding human behaviour and shaping legal frameworks governing rehabilitation and punishment within the Juvenile Justice System. It analyses the application of these theories in the Indian context, emphasizing the importance of tailored treatment, community involvement, and a balanced approach to sentencing.
Challenges encountered in implementing reformative theories are thoroughly examined, including resource constraints, limited victim-centric approaches, and concerns regarding deterrence and recidivism. Furthermore, criticisms of the reformative approach are addressed, emphasizing the need for a nuanced perspective that integrates both rehabilitation and deterrence considerations.
The paper concludes by proposing a series of recommendations aimed at enhancing reformative programs and addressing psychological barriers to rehabilitation among juvenile offenders. These recommendations encompass comprehensive rehabilitation models, staff training, infrastructure enhancement, community engagement, legal and policy reforms, and robust monitoring and evaluation mechanisms.
By synthesizing theoretical insights with practical suggestions, this research paper contributes to the ongoing discourse on juvenile justice reform in India, advocating for a system that prioritizes offender rehabilitation and societal reintegration, while upholding principles of impartiality and justice for victims.
