SOCIAL STIGMA AND DISCRIMINATION UNDER JUVENILE JUSTICE

AUTHOR – MEGHANA R, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – MEGHANA R, SOCIAL STIGMA AND DISCRIMINATION UNDER JUVENILE JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 368-377, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Juveniles in conflict with law in India still suffer from extreme discrimination and stigma, posing barriers to their rehabilitation and social reintegration. In spite of a progressive legislative paradigm under the Juvenile Justice (Care and Protection of Children) Act, 2015 (“JJ Act, 2015”), public perception too goes against the reformist purpose of the legislation. The present study critically analyzes how stigma thwarts the ends of the Act based on doctrinal research approaches, case law, government reports, and cross-border comparative international paradigms. The article shows how confidentiality violations, poor aftercare, and deep-rooted bias among stakeholders lead to continued marginalization of children, negating the promise of a “fresh start” under statute. Case analysis of Sheela Barse v. Union of India, (1986) 3 SCC 596, Salil Bali v. Union of India, (2013) 7 SCC 705, and Subramanian Swamy v. Raju, (2014) 8 SCC 390 depicts judicial anxiety about discrimination by society and the need for change at the earliest. The approach used is doctrinal analysis, along with qualitative examination of the court rulings with emphasis on failure in enforcement and implementation. The author concludes that without real change in institutional practice and attitudes among the community, the objectives of the Juvenile Justice model—rehabilitation, reintegration, and safeguarding children’s rights—will never be achieved.

Keywords: juvenile justice, stigma, discrimination, rehabilitation, rights of children