BIROn - Birkbeck Institutional Research Online

    Shifting epistemology of juvenile justice in India

    Kumar, Shailesh (2019) Shifting epistemology of juvenile justice in India. Contexto Internacional 41 (1), pp. 113-140. ISSN 1982-0240.

    [img]
    Preview
    Text
    Kumar_0102-8529-cint-201941010113.pdf - Published Version of Record
    Available under License Creative Commons Attribution Non-commercial.

    Download (1MB) | Preview

    Abstract

    The conception of juvenile justice has its ontological root in the internationalisation of childhood and construction of children as a distinct social class. The Euro-centric vision of children as rights-possessors that informed the United Nations Convention on the Rights of the Child (CRC) (1989) transformed the epistemology of juvenile justice. India ratified the CRC in 1992, and defined ‘child’ uniformly, irrespective of sex, unlike in the past, thereby challenging its gendered subjectivity of ‘female child.’ Such an emergence of a new modality of delivering juvenile justice that I see as the epistemic shift did not last long, and one gory incident, alongside mediatised demonisation of male children, and brewing social discontent on women’s safety, changed its landscape. This paper fore- grounds an analysis of the role of gender in juvenile justice jurisprudence from the colonial period to the present time. Reflecting on the populist punitiveness at play, it talks about the Indian state’s poverty of understanding of children’s rights. Mapping legislative, juridical and political dimen- sions of the journey of the juvenile justice framework in India, the paper shows how construction of gendered notions of a particular group of male child offenders has resulted in the punitive turn of the juvenile justice system in India. It further unpacks the potentiality of repercussions of such punitiveness, and offers reasons as to why a retributive response by the state is a step backwards in reforming juvenile delinquents. Overall, it narrates the story of a political-systemic failure to deal with an important social issue, which may act as a lesson to be learnt with respect to the child gov- ernance framework, both for the countries in South Asia and the wider global South.

    Metadata

    Item Type: Article
    Keyword(s) / Subject(s): juvenile justice, male child offender, India, populist punitiveness, gender bias, Supreme Court of India, serious offence
    School: Birkbeck Schools and Departments > School of Law
    Depositing User: Mr. Shailesh Kumar
    Date Deposited: 13 Feb 2019 12:06
    Last Modified: 30 Jul 2019 16:53
    URI: http://eprints.bbk.ac.uk/id/eprint/26223

    Statistics

    Downloads
    Activity Overview
    95Downloads
    133Hits

    Additional statistics are available via IRStats2.

    Archive Staff Only (login required)

    Edit/View Item Edit/View Item