Abstract

The juvenile justice system in the US has evolved significantly, moving from a focus on rehabilitation and care to a more punitive approach and back again. Legislative changes have impacted juvenile delinquency rates, rehabilitation efforts, and the rights of young offenders. The first juvenile court in the US, established in 1899, aimed to separate young offenders from the adult criminal justice system. Over time, the system has seen the introduction of harsher penalties and, more recently, a renewed emphasis on rehabilitation and restorative justice. The guiding force behind the law relating juveniles is that they are the future of the individual and that of the nation, as they are considered as the building blocks of the nation, carrier of humanity etc. But there are always two faces of a coin. One side being the innocence or lack of maturity concerned with the age in question so as to take their own decision and the other face, the bitter part, juvenile delinquents at times are committing heinous crimes in no way less than the adults and are doing so in the ugliest form. The brutal gang rape case which took place in Delhi on 16th December 2012 proved to be the landmark case which changed the present law of Juvenile Justice System. As soon as this Act i.e., Juvenile Justice (Care and Protection of Children) Act, 2015 came into existence, there was a lot of criticism from various social workers, NGOs fighting for the rights of the child as this Act was enacted following public outrage over the release of the Juvenile offender in State v. Ram Singh & Ors. (hereinafter referred to Nirbhaya case). The Author have discussed in this research the various aspects of recently enacted Juvenile Justice (Care and Protection of Children) Act, 2015, with its shortcomings thereof and has made some suggestions and recommendations to improve the efficacy of the Juvenile Justice System and Juvenile Justice Delivery Mechanism in India.

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