Child Rights in the Criminal Justice System: Need for Law Reform Asha Bajpai* Abstract The current criminal justice system does not protect nor respects the rights of children including right to participation, development, protection from abuse and exploitation, right to access legal aid, protection from abuse and violence. It is too complex and harsh for children to understand. The Constitution of India and the Convention on the Rights of the Child, 1989, which India has ratified, provide several rights to children. Children are now right holders. Children who come in contact with the criminal justice system either as victims or witnesses or as offenders are at risk of physical, sexual and psychological violence. Certain provisions like the minimum age of criminal responsibility, age of sexual consent, preliminary assessment, mandatory reporting laws, challenges in accessing legal aid make them more vulnerable. By removing such children from the complex and harsh criminal justice system, the abuse and violence against them is clearly reduced and their rights protected. This article examines the violations of the child rights in the current criminal justice system. It provides suggestions for legislative reform to protect the child rights and builds a case for a child justice system that empowers children, and that they can trust and understand. 1. Introduction Children come in contact with the criminal justice system either as victims or witnesses to a crime or as children in conflict with law (CICL). As CICL, they could be alleged of, accused or recognised as having broken the law by committing a crime. According to the National Crime Records Bureau1 (NCRB) Report 2021, India recorded a total number of 1,49,404 instances of crimes against children in 2021 — a rise of over 16 per cent from the previous year. In terms of percentage, the top categories under crime against children were kidnapping and abduction, * Dr. Asha Bajpai is former Founding Dean and Professor of Law at Tata Institute of Social Sciences (TISS), Mumbai; Currently visiting faculty at TISS and Consultant at UN Women. 1 See Crime in India 2021 at https://ncrb.gov.in/en/Crime-in-India-2021 47