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In juvenile justice, the Supreme Court has interpreted Article 21 to require rehabilitation over retribution for children in conflict with law. Which principle guides the Juvenile Justice Act, 2015 in balancing accountability with child protection?
- Punitive deterrence for all offences regardless of age
- Best interests of child principle with graduated accountability based on age, maturity, offence severity
- Complete immunity from legal consequences for all juvenile offences
- Adult trial procedures for all serious offences regardless of age
Answer: Best interests of child principle with graduated accountability based on age, maturity, offence severity
Juvenile justice and dignity: (a) Constitutional basis: Article 21 (right to life includes dignity, rehabilitation) interpreted to require child-centric approach in juvenile justice, (b) Juvenile Justice Act, 2015 principles: (i) Best interests of child: Primary consideration in all decisions affecting children, (ii) Graduated accountability: (a) Children <16: Rehabilitative approach, no adult trial, (b) Children 16-18 accused of heinous offences: Preliminary assessment by Juvenile Justice Board to determine mental/physical capacity, understanding of consequences; may be tried as adult only if Board so recommends, (iii) Rehabilitation focus: Counseling, education, vocational training for reintegration, (c) Applications: (i) Heinous offences: Careful assessment before trying juveniles as adults; safeguards to protect rights, dignity, (ii) Rehabilitation: Observation homes, special homes provide care, education, counseling for children in conflict with law, (iii) Aftercare: Support for reintegration post-release, preventing recidivism, (d) Challenges: (i) Implementation: Ensuring JJ Boards have capacity, training for assessment, rehabilitation, (ii) Balance: Accountability for serious offences vs. child protection, rehabilitation, (iii) Awareness: Public informed about juvenile justice principles, rights of children in conflict with law, (e) Illustrates dignity-centric constitutionalism: Article 21 interpreted to require rehabilitation over retribution for children; graduated accountability balances accountability with child protection, dignity.