Kohima: The Juvenile Justice Act of 2015 serves as India’s primary shield for minors. It governs legal intervention for two distinct groups: Children in Conflict with Law and Children in Need of Care and Protection. The law defines a child as any person under 18. This age is fixed on the date of an alleged offense, not the trial date.
For those in conflict with the law, the system swaps punishment for rehabilitation. It rejects retributive justice. The act defines these offenders as minors who allegedly committed a crime before turning 18. They face no death penalty or life imprisonment. Joint trials with adults are strictly banned.
The law classifies offenses into three tiers. Petty offenses carry up to three years in prison. Serious offenses range from three to seven years. Heinous offenses require a minimum of seven years behind bars.
The second category, Children in Need of Care and Protection, covers minors facing abuse, neglect, or abandonment. This includes runaways, child laborers, and those at risk of forced marriage or trafficking. The act empowers authorities to intervene even if a child lives with parents or guardians. If a custodian neglects or exploits a minor, the state can step in.
The act outlines its core philosophy in the preamble, stating it is an “Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, herein under.”
Sixteen fundamental principles drive the system. These include the presumption of innocence, the right to privacy, and the principle of a fresh start. Institutionalization remains a last resort. Officials must prioritize family restoration and community reintegration. Courts treat this as welfare legislation, meaning they must rule in favor of the child.
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