THE LAW FOR JUVENILE INJUSTICE: CRITICAL ANALYSIS OF JUVENILE JUSTICE (CARE AND PROTECTION) ACT, 2015
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Abstract
Brutal assault and rape incident of 16th December 2012 in Delhi in which one of the accused was alleged to be juvenile raised a boiling debate on reducing the age of juvenile in India. Although Amendments in the Juvenile Justice (care and Protection of Children) Act of 2000 after debate in Parliament and in compliance with International obligations raised the age of juvenile from 16 for male to 18 years. The Issue of ‘age of juvenile’ reached the Apex Court of India in the form of bunch of writ petitions asking for completely striking off the Act of 2000 to make changes in various provisions to enhanced punishment to juvenile in conflict with law hence, as a result of deliberations the Juvenile Justice Amendment Act of 2015 was passed despite being vociferously opposed by Child Rights Activists all over the country. Many aspects of this law are vague, unsettling and worrisome; one of them being the fact that more juveniles will be incarcerated as the said Act promotes the adoption of a retributive and punitive stance against them. Under the newly amended law, adolescents alleged to have committed a heinous crime will be confined to a “place of safety”, which is essentially a place of imprisonment, both during the period of inquiry and after the conviction. Tragically, the grave human rights violations inherent in the transfer system were recognised by the multi-party Parliamentary Standing Committee, but dismissed entirely by the Ministry responsible for protecting children. The Cabinet’s successful attempt to make amendments in the Juvenile Justice Act of 2000 has not only violated the basic principles of the Constitution, but also arrived in conflict with evidence-based criminal justice system. The present paper is a result of a socio-legal-historical- analytical study and research of Juvenile Justice Act of 2015 which will systematically reveal how the new Act has directly violated not only the constitutional rights of children but also the International Law.External References to this Article
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