Legal and Institutional Perspectives on Criminal Justice in India: Integrating Constitutional, Juvenile, Prison, Forensic, and Child Protection Laws for Addressing Sexual and Child Abuse

Abstract

The issues of sexual abuse and child abuse still continue to be a huge problem in India in the criminal justice arena in terms of violation of dignity, violation of rights pertaining to sexual autonomy, violation of equality, violation of childhood safety and violation of social protection. The legal response is distributed among the constitutional guarantees, the substantive criminal law, the procedural safeguards, the laws on child protection, the juvenile justice mechanisms, the administration of the prison, the forensic investigation, and the provision of assistance to institutions. This review explores the interaction of these frameworks in tackling the issues of abuse, safeguarding victims, prosecution and rehabilitation. It emphasises on the significance of the Constitution, Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, Bharatiya Sakshya Adhiniyam, POCSO Act, Juvenile Justice Act, standards of prisons, forensic procedures and child welfare institutions. The discussion highlights the importance of the involvement of agencies such as the police, courts, prosecutors, hospitals, forensic laboratories, Child Welfare Committees and Juvenile Justice Boards, legal aid authorities, counsellors, shelter homes, prisons and NGOs to ensure legal protection is effective. Underreporting, stigma, delayed investigation, low forensic capacity, lack of victim support, institutional fragmentation and lack of rehabilitation are the major challenges. Criminal justice model needs to be victim-centred, child sensitive, evidence based, trauma informed, rehabilitative and constitution based.