JUVENILE JUSTICE: PUNITIVE OR REFORMATIVE

AUTHOR – HIBA IRFAN KHAN, STUDENT AT FACULTY OF LAW, ALIGARH MUSLIM UNIVERSITY

Best Citation – HIBA IRFAN KHAN, JUVENILE JUSTICE: PUNITIVE OR REFORMATIVE, ILE LEGAL REVIEW (ILE LR), 1 (1) of 2023, Pg. 33-36, APIS – 3920 – 0042 | ISBN – 978-81-964391-3-2.

ABSTRACT

It has been a topic of intense debate and scrutiny among critics that whether the juvenile justice system should adopt a punitive or a reformative approach. One group suggests to treat the juvenile offenders as adult by emphasizing retribution. On the other hand, rehabilitation and reformative ideas have been proposed. This article critically examines the two contrasting perspectives, assessing the development of the juvenile justice system, including the recent amendment in the laws. Since, a child is deemed to be an asset of the nation, this article highlights the individualized assessment and intervention plans, tailored to the unique circumstances and needs of each juvenile offender with the focus on the importance of balance between punishment, rehabilitation, and societal protection by using evidence-based practices and multidisciplinary approach. This article contributes to the ongoing discourse in the juvenile justice system, acknowledges the complexity in the juvenile delinquency and addresses the underlying factors contributing to it. By promoting a system that prioritizes rehabilitation by ensuring accountability, society can efficiently support the development as well as the well-being of the juvenile offenders, leading to a safer and just nation.

Key words: Juvenile, Punitive approach, Reformative approach, Parens Patriae, Juvenile Justice (Care and Protection of Children) Act 2015