CHILD RIGHTS IN THE CRIMINAL JUSTICE SYSTEM: NEED FOR LAW REFORM
The current criminal justice system does not protect nor respects the rights of children
including protection from abuse and violence. This system is neither understood nor trusted
by children. By removing such children from the current criminal justice system, the violence
against them is clearly reduced and their rights protected. Laws, policies and procedures
must be reviewed and revised with the child-rights based perspective to ensure a child
justice system that protects, safeguards, reforms, rehabilitates, uses positive disciplining
methods, instead of perpetuating violence and criminalisation of children. We need a child
justice system that has inbuilt accountability, trained and sensitive personnel. A system that
children understand, trust and feel empowered.
References
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Bajpai, Asha. Child Rights in India, Law, Policy and Practice, Oxford University Press, New Delhi,
India,
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Bajpai Asha. “We as a society have failed,” The Hindu, Mumbai, 28.11.2015
•
Bajpai, Asha. “The Juvenile Justice (Care and Protection of Children) Act 2015: An analysis,” Indian
Law Review, 2:2, 191-203, DOI: 10.1080/24730580.2018.1552233
•
Barun Chandra Thakur v. Master Bhou & Anr., Supreme Court of India, Criminal Appellate
Jurisdiction.
•
Bharti Ali, Enakshi Ganguly. “Why preliminary Assessment is against the idea of juvenile justice,”
India Development Review (IDR), Sept. 27, 2022
•
Crime in India 2021, National Crime Records Bureau, Ministry of Home Affairs, Government of
India, New Delhi, 2022
•
Economic and Social Council Resolution 2002/12.
•
Joint report of the Office of the High Commissioner for Human Rights, the United Nations Office
on Drugs and Crime and the Special Representative of the Secretary-General on Violence against
Children on prevention of and responses to violence against children within the juvenile justice
system.
•
Justice J.S. Verma Committee, Report of the Committee on Amendments to Criminal Law,
Government of India, 2013,
•
Justice Puttaswamy v. Union of India (2017). AIR 2017 SC 4161
•
Laurence Steinberg, Age of Opportunity, Lessons from the New Science of Adolescence, New York;
Houghton Mifflin Harcourt Publishing Company; 2014.
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