Abstract

To begin with it is important to highlight that there are two categories of children or juveniles under the Juvenile Justice (Care and Protection of Children) Act, 2015, namely, a “child in conflict with law” and a “child in need of care and protection.” This statute has two primary objectives. Firstly, it is concerned with the reformation of children in conflict with law or juvenile delinquency. Secondly, it deals with the rehabilitation of children in need of care and protection. The predominant reason behind the implementation of the aforesaid Act was the brutal Nirbhaya rape incident which took place in Delhi in the year 2012. In this inhumane act, one of the guilty persons was a juvenile. In light of the same, this Act treats children between the age group of 16 to 18 years who have committed heinous offences differently. They are tried in the same manner as adults. This article is concerned with four main aspects. Firstly, it explores the historical background behind the fabrication of the Juvenile Justice Act of 2015. Secondly, it discusses the main objectives, definitions and principles of reformation and rehabilitation under the enactment. Thirdly, it explores the main provisions of the Act in relation to the reformation and rehabilitation of children. It also discusses some of the landmark judgments rendered by the Judiciary in this regard. Fourthly, it seeks to trace some of the major drawbacks in the Juvenile Justice Act, 2015 and some of the loopholes prevalent in the juvenile justice system in general. Lastly, it makes a few recommendations on how the loopholes can be addressed and rectified. In this way, this article tries to conduct a detailed study regarding the reformation and rehabilitation process under the Juvenile Justice Act, 2015.

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