JUVENILE JUSTICE IN INDIA: A CRITICAL LEGAL ANALYSIS OF THE JUVENILE JUSTICE

Juvenile justice occupies a unique and pivotal space within the broader framework of criminal law, reflecting society's commitment to the rehabilitation, reformation, and reintegration of children who come into conflict with the law. In India, the Juvenile Justice (Care and Protection of Children) Act, 2015 ("JJ Act, 2015") — as amended in 2021 — constitutes the primary legislative framework governing matters relating to both children in conflict with the law and children in need of care and protection. This paper undertakes a critical legal analysis of the juvenile justice system in India, examining its constitutional foundations, statutory framework, institutional mechanisms, procedural safeguards, and international obligations. The paper further examines the controversial provision allowing the trial of juveniles between sixteen and eighteen years of age as adults for heinous offences, tracing its genesis to the Nirbhaya gang rape case of 2012. Drawing on landmark judicial decisions, empirical data, and comparative jurisdictional analysis, this research argues that while the JJ Act, 2015 represents a progressive shift from punitive to rehabilitative justice, significant gaps persist in its implementation, particularly in the functioning of Juvenile Justice Boards, Child Welfare Committees, and Child Care Institutions. The paper concludes with recommendations for legislative reform and institutional strengthening.