JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015: A BINAL REALITY OF CHILD RIGHTS

Dr (Mrs) Rupa Gurtoo; Prof. Ritupriya Gurtoo

Volume : V, Issue : VI, June - 2016

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015: A BINAL REALITY OF CHILD RIGHTS

Dr Mrs Rupa Gurtoo, Prof. Ritupriya Gurtoo

Abstract :

 The amended provisions of Juvenile Justice Act, 2015 which expanded the purview of the Act has been considered as a near perfect solution, by our legislators, to the crimes committed by the Juvenile Delinquents. On one hand the civil society has welcome this change, but on other hand there are certain voices of concern that emotions have drown the voices of child rights in India. With the already existing provisions of the Act not been implemented, the new amendments will only create a situation where these juvenile delinquents after being incarcerated will thoroughly groomed and trained as career criminals. There is a need to balance the rights and interests of the juvenile, the victim and the society. Children languishing in prisons are not the solution to the problem of offences committee by the delinquents. The approach by legislature, through this amended Act, is completely repugnant to the heart of the criminal justice in India, whose foundation stands on the theory of reformative approach. Even though unwritten in our laws, it is one of the basic rights that every child has to be given an opportunity to reform and prove himself, irrespective of his dark past.