Juvenile Privacy Or Public Transparency? An Analysis Of The Need For Juvenile Justice Transparency
- IJLLR Journal
- 1 hour ago
- 2 min read
Irin Mariam P, CHRIST (Deemed to be) University, Central Campus
ABSTRACT
The principle of confidentiality has been the fundamental of juvenile justice. This is based on the idea that children in conflict with the law must be given a chance at rehabilitation, protected from public stigma, and lifelong consequences. However, in today’s world of evolving mindsets of children, increased media attention, and public outrage over serious juvenile crimes are challenging the traditional model. This paper looks into the tension between juvenile privacy and public transparency, examining whether both can be balanced.
The study states how transparency in judicial proceedings is important for democratic accountability based on the ideas of equality, dignity, due process, and the doctrine of open justice. The paper critically examines the evolution of juvenile justice frameworks, with particular reference to India’s Juvenile Justice (Care and Protection of Children) Act, 2015, and the growing role of media scrutiny in shaping public perceptions and legal reforms. It also examines if openness in judicial proceedings serves legitimate public interest or destroys the child-centric foundations of juvenile justice.
The paper also takes a comparative analysis with certain jurisdictions like England and Wales to show how judicial discretion should allow conditional transparency, and the media should have a balanced approach. The idea of conditional transparency allows for balancing public and juvenile interests based on the context of the case.
The paper states how transparency in juvenile proceedings should function as a mechanism for ensuring systemic fairness, preventing arbitrariness, and holding state agencies accountable, rather than as a tool for public shaming or sensationalism. While India's constitutional spirit commits to considering the best interests of the child, a nuanced approach that balances public interest is also required.
Keywords: Juvenile Justice, Open Juvenile Proceedings, Media Ethics, Conditional Transparency, Public Interest.
