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Child Offender Under Juvenile Justice Act, 2022: A Comparative Study to Evolve Restorative Justice

  • Rupam Jagota,
  • Arshi Pal Kaur

摘要

Children are the future citizens of the nation, the pillars of progressive growth and development, a national asset perhaps God’s greatest gift to humanity. In International and national laws, the framers of the constitution declared that the state would direct its policy to ensure that children are provided with opportunities and facilities against exploitation, moral degradation, abandonment, and crime. Juveniles in conflict with the law are multiplying worldwide due to the mad race for family order, organization, and supremacy, where they become easy victims of crime. This paper is a humble attempt to analyze the Juvenile Justice Amendment Act, 2022, in the background of the Juvenile Justice Act, 2015 (hereinafter JJA Act, 2015), in which a child-friendly approach is adopted to provide care, protection, development, treatment, and social reintegration to them. The focus is on addressing the basic needs of adjudication and disposition of cases in the best interest of children. It also focuses on the rehabilitation of children and provides measures for their adoption so that they can join the mainstream of society and live their lives in the social fabric under the rule of law. The Act focuses on rules and guidelines. Adoption by a recognized agency and a regulatory framework supported by rules so that children in need of care and protection are entitled to protection. The researcher has evaluated the Juvenile Act as well as child victims of crimes and their involvement in crime. A comparative study has been done between India and the USA to arrive at an adequate analysis of how far away the future threats are. Some suggestions are put forward to reduce crime and ensure a better future for young offenders.