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ISSN 2063-5346
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TRANSFER SYSTEM, PRELIMINARY ASSESSMENT, AND TREATING CHILDREN AS ADULTS UNDER JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 OF INDIA CONTRAVENES HUMAN RIGHT PROTECTION UNDER UNITED NATIONS CONVENTION ON THE RIGHT OF THE CHILD-1989, INTERNA

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Bishwa Bhusan Nayak, Dr.S.D Moharana
» doi: 10.48047/ecb/2023.12.si4.401

Abstract

Delhi's December 16, 2012 Nirbhaya Gang Rape Case changed India's criminal laws. Because the main perpetrator was a child who could not be punished, the Juvenile Justice (Care and Protection of Children) Act, 2000 had to be modified and replaced with the JJ Act, 2015. This article examines whether the “preliminary assessment” & “Transfer System” introduced in JJ Act, 2015 conflicts with International Human Rights law, the Indian Constitution, and the UNCRC, 1989, which India signed & how far it is justified.

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