In a compelling critique of India's current juvenile justice framework, prominent child rights lawyer and expert Anant Kumar Asthana has called for a radical shift in approach. The system, he argues, needs to move beyond institutionalization and embrace direct accountability mechanisms that truly serve children's best interests.
The Flawed Foundation of Current Practices
Asthana highlights a fundamental disconnect in how India handles children in conflict with the law. "The primary response remains institutionalization through observation homes or special homes," he explains. "This creates a system where accountability becomes indirect and diluted among various stakeholders, rather than resting directly with the child."
Rethinking Accountability in Juvenile Justice
The expert proposes a transformative approach centered on "inducing direct accountability." This means creating systems where children understand the consequences of their actions and take responsibility in age-appropriate ways. Rather than simply removing them from their communities, the focus should be on rehabilitation and reintegration.
Asthana emphasizes that this doesn't mean being punitive toward children. Instead, it's about creating meaningful processes that help young offenders comprehend the impact of their behavior while providing them with support to make better choices.
Systemic Challenges and Solutions
The current juvenile justice system faces multiple challenges that hinder effective reform:
- Over-reliance on institutional care rather than community-based solutions
- Lack of specialized training for personnel working with children
- Insufficient focus on individual rehabilitation plans
- Bureaucratic hurdles that delay justice and support
The Path Forward for Child-Centric Justice
Asthana's recommendations come at a crucial time as India continues to refine its juvenile justice mechanisms. The proposed reforms align with international child rights standards while addressing India-specific challenges.
"We need to move from a system that merely houses children to one that transforms lives," Asthana asserts. "This requires fundamental changes in how we conceptualize accountability and rehabilitation in juvenile justice."
The expert's insights highlight the urgent need for policymakers, judiciary, and child welfare organizations to collaborate in creating a more effective, compassionate, and accountable juvenile justice system that truly serves India's children.
