Juvenile Justice Act 2021 | Juvenile Justice (Care & Protection of Children) Act 2015 (Amend 2021)

The Juvenile Justice (Care & Protection of Children) Act, 2015

The Juvenile Justice (Care and Protection of Children) Act, 2015 was enacted with a view to “consolidate and amend the law relating to children alleged and found in conflict with law and children in need of care and protection by catering to their basic needs through proper, care, protection, development…” The provisions focus on adopting a child-friendly approach in adjudication and disposal of matters. Further, it seeks the rehabilitation and social re-integration of children in their best interests to allow them a fresh chance at life.

Section 3 enlists the various (sixteen) general principles of law which are required to be followed in the administration of the Act. Prominent among these are: the principle of presumption of innocence wherein all children are presumed to be innocent of any criminal intent, the principle of dignity and worth, the principle of best interest, the principle of non-waiver of rights, the principle of repatriation and restoration, the principle of a fresh start and the principle of natural justice.

Background

The Delhi gang-rape in 2012 was an unfortunate incident which shook the heart of the nation and struck a raw nerve. The incident also ignited national discourse on the question of juvenile delinquency as one of the prime accused in the case was a juvenile, just few months from becoming 18yrs. The fact that this accused was tried in a juvenile court, thus escaping a death sentence, triggered a massive outcry on the inadequacy of the juvenile law to treat cases where such heinous crimes had been committed.

The infrastructure of child care institutions currently in place is not enough for carrying out proper implementation and there is a severe dearth of human resources. Instead of acting upon public uproar, the government should have ascertained its responsibility and dealt with the crumbling juvenile frameworks. Juvenile homes must be created in a manner where delinquents have the opportunity to tune themselves with the rest of the society. They must receive the opportunities to reform and be educated, to be ready to make the plunge back into civilised society and live an honourable life.


It is the need of the hour to bring about reforms in the way our juvenile justice system works. The Juvenile Justice (Care and Protection of Children) Act, 2015 however, is not the answer to this puzzle. Enabling the trial of children as adults and penalising them effectively destroys their lives in such a manner that does not even afford them a chance to reform themselves for mistakes they committed as naïve children.