Vartika Hansaria, K.P. Mehta School of Law (NMIMS Deemed to be University)
ABSTRACT
When it comes to children’s development as whole people, the global community has adopted the most advanced and enlightened system there is: the juvenile justice system. Taking care of the vulnerable youngster and rehabilitating the lawbreakers are the top priorities. An effort should be made to rehabilitate a child and return them to their family whenever possible. The special court will use the parents’ patria doctrine when deciding cases involving children who are in violation of the law. The paper provided an assessment of the Indian Judiciary in the context of constitutional theory and international standards. There is a well-established, rehabilitation-focused reaction to adolescent crime in Indian law. The passage of the Juvenile Justice Care and Protection of Children Act 2015, on the other hand, marked a change towards a more punitive approach to effectively suppressing juvenile offences. When it comes to very serious offences, the Act of 2015 allows juveniles between the ages of 16 and 18 to be tried as adults. This issue brief explores why the political and judicial systems in India are making this change and whether or not it is for the best to abandon a focus on rehabilitation when dealing with juvenile offenders.
Keywords: Juvenile Justice System, Rehabilitation, Juvenile Justice Care and Protection of Children Act, offences, Youngster.
