Rationalization Of A Punitive Approach To Adolescent Indictment In The Scenario Of High Rapes And Mu

Rationalization Of A Punitive Approach To Adolescent Indictment In The Scenario Of High Rapes And Murders: Juvenile Justice Act, 2015




Sangeeta Singha, Amity University Kolkata


ABSTRACT


This article examines the justification for the JJ Act (Care and Protection of Children) of 2015, which gives a new dimension to the criminal culpability of juvenile delinquents for their involvement in heinous and serious crimes. After a brief introduction, this article goes on to explain what the terms "juveniles" and "juvenile delinquencies" signify, as well as the major factors that contribute to this category of crime. It also aims to shed some light on how the concept of juvenile justice developed and related to the concept of parens patriae and how it is evolving in India. Since the JJ Act of 2015 repealed the JJ Act of 2000, the article provides a fair comparison of the two to understand how one differs from the other and what additional features it contains. It then goes on to examine the circumstances in which the JJ Act of 2015 was passed, as well as the grounds for it. Various case laws have also been cited in order to give it a practical edge. Since the act of 2015's retributive approach to juveniles has elicited a mixed response of criticism and praise, it has been demonstrated that India is not the only country to take such a stance in the face of horrific crimes, and the article sheds light on the global trend. After that, a modest attempt is made to conduct a critical analysis and appraise the grey areas where some considerations may be considered. The article is then ended by examining the significance of the relevant Act, as well as many objections and the arguments for them.


Keywords: Juvenile Justice Act, Juveniles, Juvenile delinquency, heinous offences, parens patriae.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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