“Juvenile Justice and Child Rights: A Critical Study in the Context of India & International Human Rights Standards”

Abstract

Children's rights are not limited to legal terminology alone, but represent a moral responsibility of every society and nation to uphold and implement them. International solidarity and cooperation among nations are crucial, not only for the well-being of children but also for recognizing their future as citizens of the world. Protecting and respecting children's rights is not merely a national responsibility but a universal one. International treaties, declarations, and guidelines promise that every child should receive their human rights and live a safe, educated, and fulfilling life.

This research chapter analyzes the history, development, and philosophy of child rights and juvenile justice systems at the international level. It examines why and how children are treated differently, even when the nature of the offense is the same. International declarations, treaties, and guidelines proclaimed over time – particularly the United Nations Convention on the Rights of the Child, 1989 – have shifted juvenile justice from a punitive approach to one based on reform, welfare, and rights.

This research also analyzes how current human rights principles, which have evolved from the 'parens patriae' principle, prioritize the protection, welfare, dignity, respect, and social integration of juveniles. Furthermore, it sheds light on the impact of international standards on Indian juvenile justice law, particularly the enactment of the Juvenile Justice (Care and Protection of Children) Act, 2015. This study concludes that the success of the juvenile justice system lies not merely in enacting laws, but in their humane, scientific, and effective implementation and enforcement.