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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 10, 20242024-05-10T15:24:32+05:30 2024-05-10T15:24:32+05:30In: Social Work and Criminal Justice System

Discuss evolution of juvenile justice system in India.

Discuss evolution of juvenile justice system in India.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-10T15:25:19+05:30Added an answer on May 10, 2024 at 3:25 pm

      The evolution of the juvenile justice system in India reflects a gradual shift towards a more rehabilitative and child-centric approach, emphasizing the protection, welfare, and rights of children in conflict with the law. Over the years, significant legislative reforms, policy interventions, and judicial pronouncements have contributed to the development and strengthening of the juvenile justice framework, aimed at addressing the unique needs and vulnerabilities of juvenile offenders and ensuring their rehabilitation and reintegration into society. The key milestones in the evolution of the juvenile justice system in India include:

      1. The Juvenile Justice Act, 1986:

        • The Juvenile Justice Act (JJA), 1986, was the first comprehensive legislation enacted in India specifically addressing the care, protection, and rehabilitation of juvenile offenders.
        • The JJA established juvenile welfare boards and juvenile courts to handle cases involving children in conflict with the law and emphasized the need for a child-friendly and rehabilitative approach in dealing with juvenile offenders.
      2. The Juvenile Justice (Care and Protection of Children) Act, 2000:

        • The Juvenile Justice (Care and Protection of Children) Act, 2000, marked a significant milestone in the evolution of the juvenile justice system in India.
        • The 2000 Act repealed the Juvenile Justice Act, 1986, and introduced several progressive reforms, including the establishment of Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) at the district level to handle cases of juvenile delinquency and child in need of care and protection, respectively.
        • The 2000 Act emphasized the principles of diversion, rehabilitation, and reintegration for juvenile offenders, prioritizing their welfare and best interests.
      3. The Juvenile Justice (Care and Protection of Children) Act, 2015:

        • The Juvenile Justice (Care and Protection of Children) Act, 2015, represented a significant overhaul of the juvenile justice framework in India in response to emerging challenges and international obligations.
        • The 2015 Act replaced the Juvenile Justice (Care and Protection of Children) Act, 2000, and introduced several key reforms, including the definition of a new age group of children, raising the age of juvenile jurisdiction from 18 to 21 years for certain categories of offenses, and strengthening provisions for the rehabilitation and social reintegration of juvenile offenders.
        • The 2015 Act also expanded the scope of child protection measures, introduced new provisions for adoption and foster care, and mandated the establishment of Special Juvenile Police Units (SJPU) and Child Welfare Police Officers (CWPO) to handle cases involving children.
      4. Judicial Pronouncements:

        • The judiciary has played a crucial role in shaping the juvenile justice system in India through landmark judgments and rulings that have reaffirmed the rights and protections afforded to children under the Constitution and international conventions.
        • Judicial pronouncements, such as the Supreme Court's decision in Gopalan Nair Nambiath v. State of Kerala (1974) and Sheela Barse v. State of Maharashtra (1983), have highlighted the importance of adopting a child-friendly and rehabilitative approach in juvenile justice proceedings and emphasized the need for procedural safeguards to protect the rights of children in conflict with the law.
      5. International Commitments:

        • India's commitment to international treaties and conventions, such as the United Nations Convention on the Rights of the Child (UNCRC), has also influenced the evolution of its juvenile justice system.
        • Ratification of international instruments has compelled India to align its domestic laws and policies with international standards and principles concerning the rights and welfare of children, including juvenile justice.

      In summary, the evolution of the juvenile justice system in India reflects a progressive shift towards a more child-centric and rights-based approach, emphasizing the protection, welfare, and rehabilitation of juvenile offenders. Legislative reforms, policy initiatives, judicial pronouncements, and international commitments have contributed to the development and strengthening of the juvenile justice framework, ensuring that children in conflict with the law are treated with dignity, compassion, and respect for their rights and best interests.

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