Juvenile Justice In India With Special Reference To Human Rights In The Administration Of Justice

Mr. Abhay Jaiswal, B.A.LL.B (H), Amity University Uttar Pradesh, Lucknow Campus.

Ms. Ekta Rose, Assistant Professor, Amity University Uttar Pradesh, Lucknow Campus.

Introduction

Juvenile justice is an important issue in any society as it deals with the remedy and rehabilitation of minors who come into conflict with the law. India, the world’s largest democracy with around 30% juvenile population has established a strict legal framework to safeguard the rights of the children and address juvenile offenses. The study will analyse the above said framework and give special emphasis to the country’s commitment to human rights in the administration of justice.

Historical Background

The origin of the juvenile justice system in the country can be traced all the way back to the enforcement of the Madras Children Act of 19201. The Act shifted the focus of the legal approach in a way that the emphasis fell on the welfare and reformation of juvenile offenders rather than on punishment. The juvenile system in the country underwent significant changes over the years culminating in the enactment of the Juvenile Justice (Care and Protection of Children) Act, 2000, with its subsequent amendments in 2006 and 2015.

The Madras Children Act of 1920 was the leading juvenile legislation in India of the 20th century that not only focused on unique needs but also recognized the vulnerabilities of juvenile offenders. The Act laid emphasis on care, protection, and rehabilitation for children who found themselves at odds with the law. It marked a distinct justice system for the juvenile, distinguishing it from the punitive justice system for the adults.