Neuroscience And Juvenile Justice In India: Re- Thinking Fixed Age Thresholds Through A Neurodevelopmental Lens
- IJLLR Journal
- 2 days ago
- 1 min read
Midhila Jayan, National Law School of India University
ABSTRACT
Neuroscience, as a field, by analysing the structure and function of the brain, provides insight that changes the approach to juvenile justice in India. Currently, fixed age thresholds are used in India to assess the responsibility of adolescents involved in cases of a criminal nature. These fixed measures of assessing maturity based on age do not account for the differences in brain development between individuals, resulting in unfair outcomes such as imposing excessive consequences on individuals who demonstrate maturity or providing insufficient consequences for those who show less maturity, despite brain science indicating that prefrontal immaturity persists until the mid-20s. This study employs the method of doctrinal review of the legal framework and statutes, including the Juvenile Justice (Care and Protection of Children) Act of 2015, to identify gaps that persist in the system and analyse prominent case laws. This paper aims to examine these fixed age thresholds and utilise data on adolescent brain development to suggest solutions to assess the responsibility of young individuals more accurately. This paper, by relying on information about changes in brain structure and function, suggests a hybrid model by combining data on electroencephalogram (EEG) or functional magnetic resonance imaging (fMRI), sociology and psychology that would help in ensuring appropriate and fair sentencing, reducing disparities and improving treatment of juveniles in the criminal justice system in the global context, particularly in India. Therefore, a neurodevelopmentally informed hybrid maturity assessment model that operates within India’s existing juvenile justice framework, with strong safeguards, will help to promote a more equitable juvenile system by facilitating more humane, accurate, informed and evidence-based reforms.
