Reformative V. Retributive Justice For Juvenile Offenders Post JJ Act 2015
- IJLLR Journal
- Feb 5
- 1 min read
Surabhi Reddy, BA LLB, School of Law, Christ (Deemed to be University)
ABSTRACT
From its initial welfare-oriented structure to the hybrid reformative– retributive model established by the Juvenile Justice (Care and Protection of Children) Act, 2015, India's juvenile justice system has experienced a significant transition. While previous laws placed a higher priority on international child rights commitments, rehabilitation, and reintegration, the 2015 Act added clauses allowing minors between the ages of 16 and 18 who are accused of serious offences to face adult trials. This change, which was sparked by public indignation following the gang rape in Delhi in 2012, calls into question fundamental rights, constitutional safeguards, and the efficacy of deterrence. There is a dearth of doctrinal and empirical research on how the 2015 Act altered the balance between reformative and retributive justice and how judicial interpretations have operationalised this shift. Most of the existing scholarship has focused on the historical evolution of juvenile justice or normative arguments for child welfare. By critically analysing the legislative framework, case law, and implementation procedures in addition to empirical trends in juvenile criminality after 2015, this paper closes that gap. The study evaluates whether the law effectively strikes a balance between accountability, deterrence, and rehabilitation by placing India's hybrid approach within the framework of constitutional mandates and international obligations. It also suggests changes to improve child protection without eroding public trust in the administration of justice.
Keywords: Juvenile Justice Act 2015; Reformative vs. Retributive Justice; Child Rights in India; Heinous Crimes and Juveniles; Rehabilitation and Deterrence
