Evolution Of Juvenile Justice Laws In India: Protecting Minor’s Rights And The Challenge Of Criminal Responsibility.

Abstract

The protection of Children rights is a fundamental goal of lawmakers, as demonstrated in various Indian laws, including the Indian Contract Act, 1872, and the Indian Penal Code. These laws aim to safeguard the interests of minors who lack the maturity to make informed decisions. The Indian Constitution also assigns the State the responsibility of ensuring the well-being of children. Over the years, India has witnessed the evolution of juvenile justice laws, with significant changes in the Juvenile Justice Acts of 1986, 2000, and 2015. The latest amendment in 2021 lowered the age of criminal responsibility for serious crimes, a decision based on questionable data and lacking empirical evidence. This change may disproportionately affect socially and economically disadvantaged children, and there are concerns about the lack of clarity in defining 'heinous crimes.' The Act's provisions raise issues of procedural fairness and the presumption of innocence. Despite these challenges, the primary focus of the juvenile justice system should remain on rehabilitation rather than punishment, as reflected in the Constitution and court rulings. The effectiveness of rehabilitation efforts in India remains a question, as many child care facilities struggle to meet the requirements of the Juvenile Justice Act, 2015.