Juvenile justice system reflects the reformative and rehabilitative spirit of the law at its core: Justice Nagarathna
GS2Polity · Governance · IR· Vulnerable sections (SC/ST, minorities, disabled, elderly, children)· Mains·
Why in news
Justice B.V. Nagarathna emphasized the reformative and rehabilitative spirit of the Juvenile Justice Act during a National Consultation on the rights implications of treating children in conflict with the law as adults.
Background
The consultation was held at NALSAR University of Law, Hyderabad. Participants discussed Section 15 of the Juvenile Justice Act, 2015, which pertains to the preliminary assessment of children to determine if they should be tried as adults.
Facts for Prelims
- Act / BillJuvenile Justice Act, 2015: The current primary legislation governing the treatment of children in conflict with the law.
- BodyJuvenile Justice Boards: Bodies responsible for the adjudication of cases involving children in conflict with the law.
For Mains
Q. Critically analyze the tension between the reformative philosophy of the Juvenile Justice Act and the practice of trying children as adults for heinous crimes.
Dimensions to cover in your answer
- Due process concerns: Risk of inadequate legal representation and administrative lapses during preliminary assessments under Section 15.
- Philosophical conflict: Balancing the restorative justice model with the necessity of addressing grave offenses by minors.
- Institutional bottleneck: Need for regular Juvenile Justice Board meetings and standardized judicial interpretations.
Keywords: reformative justice · rehabilitative philosophy · due process · preliminary assessment · children in conflict with the law
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