With suitable examples, discuss the implications of juvenile justice laws on the principle of equality before the law.

The Juvenile Justice Act 2015 has sparked debate regarding its alignment with constitutional provisions and international child rights. Critics argue that the Act is inconsistent with the principle of equality enshrined in Article 14 of the Constitution of India. This article guarantees that individuals should be treated equally under the law, yet the Act permits differential treatment for juveniles based on the timing of their apprehension. For instance, a 17-year-old committing a serious crime could be tried as an adult if apprehended after 21, while another juvenile committing a similar crime but apprehended before 21 would face lesser punishment. This creates an arbitrary distinction that undermines equality before the law. Furthermore, Article 15(3) empowers the state to create special provisions for women and children, recognising their vulnerability. Critics argue that the JJ Act fails to adhere to this spirit, as it does not adequately protect juveniles from harsher penalties that could be imposed based on the timing of their apprehension. The Act also appears to contravene Article 20(1), which stipulates that no one should face greater punishment than what was applicable at the time of the offence. Under the JJ Act, a juvenile could face more severe penalties if apprehended later, which raises questions about fairness and justice. Additionally, the Act’s penalties seem disproportionate; for instance, the punishment for providing tobacco to a child is harsher than that for child trafficking, which raises moral and ethical concerns. The United Nations Convention on the Rights of the Child (UNCRC) advocates for equal treatment of all children under 18, further denoting the inconsistencies within the Act. Thus, while the Juvenile Justice Act aims to address serious crimes committed by youth, it raises concerns regarding equality, fairness, and adherence to international standards for child rights.