Rahul Sahu, LLB, Amity Law School, Noida
Dr. Abhinav Tomer, Asst. Professor, Amity Law School, Noida
ABSTRACT
India has in place a juvenile justice system that acknowledges the distinct needs and vulnerabilities of young offenders. The Juvenile Justice (Care and Protection of Children) Act of 2015 forms the basis of this system, which emphasizes the rehabilitation and reintegration of juveniles into society. The Act acknowledges that children necessitate special attention because of their evolving mental and emotional capacities.
India's juvenile justice system has a notable feature in the form of Juvenile Justice Boards (JJBs) at district levels. These boards are responsible for determining a juvenile's culpability, ensuring fair and speedy trials, and devising suitable rehabilitation plans. The system prioritizes child-friendly procedures, confidentiality, and privacy during court proceedings, reflecting its commitment to safeguarding the dignity of the juvenile.
The law states that a juvenile can be kept in an institution for a maximum of three years, which is in line with international standards. The primary goal is to prevent the stigmatization of juvenile offenders by providing community- based rehabilitation and reintegration programs. Additionally, the law prohibits the publication of the juvenile's identity, safeguarding their right to privacy and facilitating their social reintegration after they are released.
The juvenile justice system in India is currently facing multiple challenges. One of the critical issues is the overburdened and understaffed Juvenile Justice Boards (JJBs), which is causing delays in trial proceedings. Another significant challenge is the lack of specialized training for professionals working in the juvenile justice system. The absence of proper training is hindering the effective implementation of rehabilitation programs for juveniles.
It is important to have a comprehensive understanding of the social and economic factors that lead to juvenile delinquency. Factors like poverty, lack of education, and exposure to violence can significantly impact a child's behavior. Therefore, it is necessary to take a holistic approach to address the root causes of juvenile offending.
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