BETWEEN PROTECTION AND PUNISHMENT: EVALUATING INDIA’S JUVENILE JUSTICE FRAMEWORK

Abstract

The intersection of child protection and criminal accountability has shaped India’s evolving juvenile justice jurisprudence. The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act 2015) introduced a shift toward greater scrutiny of children in conflict with the law, particularly adolescents aged 16–18 accused of heinous offences. While earlier frameworks emphasized rehabilitation, public outrage over high-profile crimes and victim-centric demands triggered a recalibration toward punitive mechanisms such as preliminary assessment and trial as adults. This paper critically evaluates whether India’s juvenile justice system continues to align with international standards, most notably the United Nations Convention on the Rights of the Child (UNCRC), which emphasizes reform over retribution. By analyzing legal provisions, case laws, crime data trends, institutional gaps, and recent judicial perspectives, the study explores whether the current framework successfully balances child rights with societal safety. It argues that while the system has strengthened procedural accountability and victim justice, several implementation barriers — including inconsistent assessment procedures, overcrowded Child Care Institutions, and lack of trained professionals — limit rehabilitative outcomes. A nuanced reform model is needed to protect children’s future while ensuring proportional justice