A RESEARCH STUDY ON RETRIBUTION AND REHABILIATION OF JUVENILE

ABSTRACT
Thisstudy examinesthe evolving of juvenile justice in India with a specific focus on the tension between retribution and rehabilitation, particularly under the Juvenile Justice (Care and Protection of Children) Act, 2015. The research critically analyses the philosophical, legal, and practical challenges arising from the provision that allows children aged sixteen to eighteen accused of heinous offences to be tried as adults after preliminary assessment. The paper explores the foundational dilemma between reformative justice, which emphasizes correction and reintegration, and retributive justice, which prioritizes punishment and deterrence. It evaluates the role of developmental psychology in determining criminal responsibility, highlighting the incomplete cognitive and emotional maturity of adolescents. The study further examines the ambiguity in preliminary assessment procedures, the influence of public perception, and the constitutional implications under Articles 14 and 21. Through doctrinal analysis of statutes, judicial decisions, and comparative international perspectives, the research identifies key concerns such as inconsistency in decision-making, lack of standardized evaluation mechanisms, institutional limitations, and the risk of exposing juveniles to adult criminal environments. It also considers victim-centric approaches and the growing relevance of restorative justice as a balancing mechanism.
The study concludes that while the 2015 Act represents an attempt to reconcile competing demands of accountability and child protection, its effectiveness depends largely on structured implementation, professional expertise, and adherence to constitutional safeguards. It emphasizes that a balanced juvenile justice system must integrate rehabilitation with accountability, ensuring fairness, consistency, and long-term societal welfare.