JUVENILE JUSTICE IN INDIA: A CRITICAL LEGAL ANALYSIS OF DELINQUENCY, REFORM, AND ACCOUNTABILITY

Abstract [English]

This paper critically examines the legal framework governing juvenile delinquency in India, with a focus on the Juvenile Justice (Care and Protection of Children) Act, 2015. It traces the historical evolution of juvenile justice laws from their colonial origins to the present-day rights-based approach, highlighting India's alignment with international instruments such as the United Nations Convention on the Rights of the Child (UNCRC) and the Beijing Rules. The research analyzes landmark judicial pronouncements and explores how courts have interpreted key issues such as age determination, bail, and the constitutionality of trying juveniles as adults for heinous offences.
The study further investigates the underlying socio-economic and psychological causes of juvenile delinquency, including poverty, broken families, peer pressure, and mental health challenges. It critiques the systemic shortcomings in the implementation of the juvenile justice framework, pointing to infrastructural gaps, lack of trained personnel, and insufficient rehabilitative services. Special emphasis is placed on the contentious provision allowing juveniles aged 16–18 to be tried as adults, raising concerns over the potential erosion of the reformative intent of juvenile law.
The paper concludes by advocating for a balanced approach that ensures both child protection and legal accountability, without compromising on the foundational principle of reformation. It calls for institutional strengthening, enhanced training, and the broader use of restorative justice mechanisms to create a more humane and effective juvenile justice system.