Restorative Justice In India's Juvenile System: Reconciling Reform Of The Child, The Rights Of Victims, And The Safety Of The Public
Vivek Kumar Shukla, Research Scholar, B.S.A. College, Mathura, DBRAU, Agra
Prof. (Dr.) S.K. Rai, Professor, B.S.A. Law College, Mathura, DBRAU, Agra
ABSTRACT
Of all the criminal-justice statutes in India, the Juvenile Justice (Care and Protection of Children) Act, 2015 comes closest to a restorative ideal, since it favours reform over retribution. This paper looks at how restorative thinking shapes the treatment of children in conflict with law (CCL) through diversion, counselling, community service, and procedures designed to avoid stigma. It also takes up a difficult question that has dogged the field since 2012: how to respond to public demands for harsh treatment of sixteen-to- eighteen-year-olds who commit heinous offences, without abandoning the child's rights or forgetting the victims of juvenile crime, who are too often overlooked. The paper's position is that India needs a balanced restorative model, one that makes children answerable for what they have done without branding them as criminals, gives victims a real voice, and keeps communities safe.
Keywords: Juvenile Justice; Children in Conflict with Law; Rehabilitation; Diversion; Reintegrative Shaming.
