BALANCING THE SCALES: AN ANALYTICAL EXAMINATION OF THE REHABILITATION AND PUNISHMENT FRAMEWORK IN INDIA’S JUVENILE JUSTICE SYSTEM
AUTHOR – GOPAL JEE TIWARI, STUDENT AT GAUTAM BUDDHA UNIVERSITY, UTTAR PRADESH
BEST CITATION – GOPAL JEE TIWARI, BALANCING THE SCALES: AN ANALYTICAL EXAMINATION OF THE REHABILITATION AND PUNISHMENT FRAMEWORK IN INDIA’S JUVENILE JUSTICE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 492-507, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
This paper provides an overall legal and socio-political analysis of the continuing debate between rehabilitation and punishment within the Indian juvenile justice framework. It follows the ideological development of the Indian system, from its colonial, welfare-oriented roots and progressing to a more advanced, rights-centred framework established by the Juvenile Justice (Care and Protection of Children)Act,2000, which is in accordance with global human rights norms. This analysis centres on the controversial shift towards a sticker approach represented by the Juvenile Justice (Care and Protection of Children) Act, 2015. Following a prominent and emotionally impactful criminal case, the 2015 Act established a measure allowing for the trial of juveniles between the ages of 16 and 18 as adults for “heinous” crimes. This paper contends that this shift towards harsher penalties, mainly influenced by public opinion and political convenience rather than data on juvenile crime patterns, signifies a notable setback. It diminishes the system’s ability to rehabilitate, goes against India’s constitutional principles regarding child welfare, and is in sharp opposition to the more effective restorative juvenile justice models used in various other regions. By thoroughly analysing legislative history, significant court rulings, statistical information from the National Crime Records Bureau, and a comparative study of global systems, this paper argues that the punitive provisions of the 2015 Act undermine efforts to decrease recidivism and promote long-term public safety. The conclusion emphasises the need for a refresh, evidence-driven approach to rehabilitative justice, urging changes in legislation, enhancing the support systems for care and reintegration, and promoting a wider societal perspective that views juvenile delinquency as a result of socio-economic challenge rather than a typical tendency towards crime.