Children No More? A Feminist Critique of the Juvenile Justice Transfer System in India

Children No More? A Feminist Critique of the Juvenile Justice Transfer System in India

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Volume 12 Issue 1 ()

The ‘transfer system’ envisioned under the provisions of the Juvenile Justice Act, 2015 is purportedly meant to address the commission of heinous offences, particularly sexual assault by adolescent boys. It is worth noting that the provisions of the Juvenile Justice Act, 2015 and criticisms thereof are majorly based on the principles of the best interest of the ‘child’ and ‘society’. This paper undertakes a different route, providing a feminist critique of the transfer system with reference to the best interests of women, particularly survivors of sexual assault. It argues that the problem is not that children are increasingly committing sexual assault but that sexual violence overall remains prevalent. The transfer system, in this context, is part of a project of ‘governance feminism’ which seeks to divert attention from institutional failures at preventing sexual violence to external ‘sexual predators’. It operates on assumptions of hegemonic masculinity by treating child offenders as inherently ‘deviant’. Consequently, current rehabilitation measures are framed in accordance with masculine norms and do not specifically address sexual offending behaviour. Further, they provide no agency to the victim. This paper proposes a ‘restorative justice’ approach as an alternate solution. This not only gives victims the opportunity to seek closure and decide methods of restitution but also involves the use of multi-systemic methods to ensure specific redressal of juvenile sex offending.

Cite as: Megha Mehta, Children No More? A Feminist Critique of the Juvenile Justice Transfer System in India, 12 NUJS L. Rev. 43 (2019)