JUVENILE JUSTICE IN INDIA: REFORM AND THE CHANGING APPROACH TO CHILD OFFENDERS
AUTHOR – MADHUMITHA GOPINATH, ADVOCATE AT BAR COUNCIL OF TAMILNADU & PUDUCHERRY, INDIA
BEST CITATION – MADHUMITHA GOPINATH, JUVENILE JUSTICE IN INDIA: REFORM AND THE CHANGING APPROACH TO CHILD OFFENDERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.881-895, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The juvenile justice system in India is structured to offer care, protection, therapy, growth and rehabilitation to the children that are in conflict with the law. Juvenile Justice (Care and Protection of Children) Act, 2015[1], is the main law in the system aimed at determining a child-friendly adjudicatory and rehabilitative system with the principles established in the United Nations Convention on the Rights of the Child. Engagement of a minor in heinous crimes especially in the case that is being analyzed in Mukesh and Anr v. State (NCT of Delhi)[2], urged the Indian legislature to revisit the philosophical principles of juvenile justice and brought substantial changes to allow children between the age of 16 and 18 years charged with heinous crimes to be subjected to preliminary assessment.[3] Although the major purpose of juvenile law has been reformative, but not retributive, there are still arguments on whether accountability and rehabilitation should be balanced or not. This paper provides a summary of juvenile delinquency and discusses the legislative framework of juvenile justice in India. It follows the historical development of the laws of juvenile justice, examines the notable judicial decisions, and comparatively appraises juvenile justice systems of the United States, the United Kingdom, and India. Lastly, it critically presents the gaps in the current structure and suggests changes to make the system more efficient and child-centered.
Keywords: Juvenile Delinquency, Heinous Crimes, Minor, Rehabilitation, Child Rights, Reformative Justice.
[1] Juvenile Justice (Care and Protection of Children) Act, 2015
[2] Mukesh & Anr. v. State (NCT of Delhi), (2017) 6 S.C.C. 1 (India).
[3] Ved Kumari, The Juvenile Justice System in India: From Welfare to Rights, 40 J. INDIAN L. INST. 203 (1998).