An evaluation of the effectiveness of the Juvenile Justice Act, 2015 in protecting the

rights of minors in India

The Juvenile Justice (Care and Protection of Children) Act, 2015 (“Act 2015”) is a
comprehensive legislation aimed at protecting the rights of minors in India. The act replaces
the Juvenile Justice (Care and Protection of Children) Act, 2000 (“Act 2000”) and was
enacted to bring about reforms in the justice system for juveniles in India. The act aims to
provide for the care, protection, treatment, development, and rehabilitation of children in
conflict with the law, as well as children in need of care and protection.

BACKGROUND

The Act, 2015 was enacted in the aftermath of the 2012 Delhi gang rape case where one of
the accused was a juvenile. The public outcry over the case led to calls for harsher
punishment for juvenile offenders, leading to the introduction of the act. The act lays down
the procedures and institutions for the care, protection, treatment, development, and
rehabilitation of children in conflict with the law and in need of care and protection.

The purpose of the evaluation is to assess the effectiveness of the Act, 2015 in protecting the
rights of minors in India. This evaluation will examine the implementation of the act and its
provisions, the challenges faced in its implementation, and the extent to which the act has
been successful in achieving its objectives. The evaluation will also look at the effectiveness
of the institutions established under the act, such as Child Welfare Committees, Juvenile
Justice Boards, and Homes for Children, in protecting the rights of minors. The evaluation
will also assess the role of the government and non-governmental organizations in
implementing the act and ensuring the rights of minors are protected.

The Act provides a framework for the care, protection, treatment, development, and
rehabilitation of juveniles in conflict with the law and children in need of care and protection.
The key provisions and statue sections related to the protection of minors’ rights are
discussed below.

Section 2(k) defines a juvenile or child as a person who has not completed 18 years of age.
Section 2(l) defines a child in need of care and protection as a child who is found to be in a
situation where he/she is in need of care and protection from his/her parents or legal
guardians. The Act provides for the establishment of juvenile justice boards and child welfare
committees, which are responsible for the protection of minors’ rights.
Section 19 of the Act provides that no juvenile in conflict with the law shall be subjected to
any kind of physical, mental or psychological pain or suffering. The Act also prohibits the
use of handcuffing or shackling of juveniles in conflict with the law and mandates that they
be treated with dignity and in a child-friendly manner.

Section 20 of the Act provides that the best interests of the child shall be the paramount
consideration while taking any decision regarding the child. Section 21 of the Act mandates
that all proceedings involving juveniles shall be conducted in a child-friendly manner, and the
child shall be given adequate opportunity to express his/her views.

Section 25 of the Act provides for the establishment of a National Commission for Protection
of Child Rights, which is responsible for monitoring the implementation of the Act and
safeguarding the rights of minors. Section 26 of the Act provides for the establishment of
state commissions for protection of child rights, which are responsible for monitoring the
implementation of the Act in the state.

Section 27 of the Act provides that any person who has information about a child in need of
care and protection or a juvenile in conflict with the law can report the matter to the
concerned authorities, who are obligated to take immediate action to protect the child’s
rights.

IMPLEMENTATION OF THE ACT

A. Challenges in implementing the act

1. Lack of Awareness: The provisions of the act are not widely known among the general
public, including the law enforcement agencies, leading to the lack of implementation of
the act.

2. Inadequate Infrastructure: The juvenile justice system in India is facing several

challenges in terms of infrastructure, staffing, and funding, leading to an ineffective
implementation of the act.

3. Overcrowding in Children Homes: The limited number of children’s homes and

rehabilitation centers have led to overcrowding, making it challenging to provide proper
care and protection to the children.

4. Delays in the Justice Delivery System: The slow pace of the justice delivery system also
leads to delays in resolving the cases of juvenile offenders.

B. Role of Government and Non-Government Organizations

The government has a crucial role to play in the implementation of the Act. The government
must provide adequate infrastructure, staffing, and funding to the juvenile justice system and
establish effective monitoring mechanisms. Additionally, the government must also ensure
that alternative rehabilitation methods are developed for juvenile offenders.

Non-government organizations (“NGOs”) have a significant role to play in the

implementation of the act. NGOs can conduct awareness campaigns, provide support for
alternative rehabilitation methods, and monitor the implementation of the act to ensure
accountability. They can also work with the government to address the challenges faced in
the implementation of the act.

ASSESSMENT OF THE EFFECTIVENESS OF THE ACT

A. Impact of the act on minors’ rights

The Act has had a positive impact on the rights of minors in India. The act provides for the
rights of minors to be protected and their dignity to be maintained, and it recognizes the
importance of rehabilitation and reintegration. The act also provides for the appointment of
special juvenile police units and the creation of juvenile justice boards, which are responsible
for protecting the rights of minors and ensuring that they receive fair treatment in the criminal
justice system. The act also provides for the creation of special homes for minors, which are
designed to provide a safe and secure environment where minors can receive care, support,
and education.

B. Comparison with international standards for minors’ rights

The Act is in line with international standards for minors’ rights. The act is based on the
principles of the United Nations Convention on the Rights of the Child, which provides for
the protection of the rights of minors and their rehabilitation and reintegration into society.
The act also provides for the right to legal representation and the right to be heard, which are
essential components of international standards for minors’ rights. Additionally, the act
provides for the right to education and the right to be protected from abuse, exploitation, and
neglect, which are also important components of international standards for minors’ rights.

C. Areas for improvement

Despite the positive impact of the Act on minors’ rights, there are still areas for improvement.
One of the main areas for improvement is the lack of implementation of the act in many
parts of the country. In many cases, minors are not provided with the rights and protections
guaranteed by the act, and they are often subjected to abusive and exploitative conditions in
detention facilities. Additionally, many minors are not provided with legal representation,
which makes it difficult for them to assert their rights and receive fair treatment in the
criminal justice system.

Another area for improvement is the need for better training and support for those working
in the juvenile justice system. Many of the special juvenile police units and juvenile justice
boards lack the training and resources necessary to effectively protect the rights of minors.
This can lead to a lack of understanding of the needs of minors and a failure to provide them
with appropriate care and support.

CONCLUSION

In conclusion, the Juvenile Justice Act, 2015 has been successful in protecting the rights of
minors in India. This act has ensured that minors are given special treatment under the law
and that their rights are protected at all times. The act has been instrumental in providing a
framework for the rehabilitation and reintegration of minors into society. The provisions of
this act have enabled the minors to get access to legal aid, education, and other support
services that can help them to turn their lives around.

However, the act has faced some criticisms for its provisions that allow for minors between
the ages of 16 and 18 to be tried as adults in certain cases. This provision has been criticized
for its potential to compromise the rights of minors and to increase the likelihood of them
being subjected to further harm.

In spite of this, the Juvenile Justice Act, 2015 has been largely successful in ensuring the
protection of the rights of minors in India. The act has been instrumental in reducing the
number of minors who are subjected to cruel, inhumane, and degrading treatment, and has
also been successful in reducing the number of minors who are being subjected to abuse and
neglect.