Right to Health Care in Child Care Institutions: A Challenge to Indian Juvenile Justice System

ABSTRACT

The theme embedded in the whole juvenile justice system is reformation, rehabilitation, and reintegration into society. These child welfare centric objectives have profound connectivity with physical, psychological, and emotional health care of a juvenile. There are immense juvenile codes elaborating the medical healthcare services to be provided to child in conflict with law and child in need of care and protection in India. But the outcome of the professed intentions of wellness provisions and programs is inadequate and often gruesome. The research paper critically analyses the healthcare provisions under the Juvenile Justice (Care and Protection of Children) Act 2015 and Juvenile Justice Model Rules 2016 as well as its implementation along with its effects on cognitive and identity development of child during and after incarceration. The researcher emphasises on the role played by the administration and the judiciary to fulfil the multispectral health and psychological needs of the vulnerable in child care institutions. This paper concludes with recommendations for provision of comprehensive and coordinated health and hygiene services to minor in juvenile institutions in true sense. A doctrinal research work of the topic based on primary and secondary sources comprising of the detailed study of international conventions, domestic legislations, judicial verdicts, and reports is proposed.

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