Juvenile Justice: Securing the Rights of Children During 1998 – 2008

Juvenile Justice: Securing the Rights of Children During 1998 – 2008

Volume 2 Issue 4 ()

This article seeks to assess functioning of the legislative framework for juvenile offenders over the past ten years. It discusses various technical issues under the Juvenile Justice Act, 2000 such as the date of application of the Act, whether it overrides other special Acts in its application to children, methods for determination of age of children and procedural relaxations for raising the plea that the offender is a child, and concludes that significant reform has been achieved in these areas. The absence of an explicit provision for allowing legal representation before the Child Welfare Committee under the Act, interpretative ambiguities in the Commission for Protection of Child Rights Act, 2005 and the lack of establishment of Children’s Courts despite stipulation by the same to that effect are, however, the problems left unsettled under the current legal framework.The concluding remarks are appreciative of the judiciary’s recent decisions that uphold the protection of child rights against some procedural or formalistic hurdles

Cite as: Ved Kumari, Juvenile Justice: Securing the Rights of Children During 1998 – 2008, 2 NUJS L. Rev. 557 (2009)