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Balancing Rehabilitation and Punishment in the Juvenile Justice Act: A Critical Analysis

Keywords : Juvenile Justice, Rehabilitation, Punitive Accountability, Recidivism, Juvenile Justice Board (JJB), UNCRC, Child Rights, Legal Reform.

Abstract : The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) represents India’s most comprehensive attempt to reconcile the rehabilitative needs of children in conflict with law with the contemporary demand for punitive accountability in cases involving heinous offences. While the Act’s normative framework privileges counselling, education, skill development, and reintegration, its provisions permitting the trial of 16–18-year-olds as adults create a structural tension within the legislation. Empirical findings suggest that infrastructural deficits, inconsistent preliminary assessments, and heightened public pressure—especially post-Nirbhaya—have contributed to an uneven implementation landscape, often skewing outcomes toward punitive responses. Despite this, rehabilitation remains demonstrably more effective in reducing recidivism, with studies indicating a 20–30% decline through sustained vocational and psychosocial interventions. This paper critically examines the rehabilitative–punitive dialectic within the JJ Act, drawing on statutory analysis, judicial precedents, empirical data, and comparative international frameworks to evaluate whether the Act achieves its intended normative balance.

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