This article is written by Payal, a second-year undergraduate law student at S.S. Khanna Girls’ Degree College, University of Allahabad.
ABSTRACT
Juvemle justice is a legal framework that deals with the offences committed by the individuals under the age of 18 years. Juvenile Justice system provides laws, policies and procedures to regulate the processing and treatment of the juveniles for their wrongfill act. This system helps the juvenile to reintegrate into society, correct their behavior and become a productive member of our society. It prioritizes rehabilitation over punishment for the act committed by the juvenile. This system is different from adult criminal system because its core aim is to educate and reform minors rather than punishment like adult punishment,
The debate between rehabilitation and punishment centers on the purpose of the criminal justice system: whether the law should focus on penalizing offenders to deter crime and ensure accountability, or on reforming them through psychological, educational, and vocational support to prevent future offenses.
The article concludes that a balanced approach combining rehabilitation with accountability is essential. There should be necessary steps taken to reform the juvenile offenders.
KEV WORDS: – Juvenile Justice, Rehabilitation, Punishment. Child right, Juvenile offender, and reformation.
INTRODUCTION
Children are the foundation of society and play a very important role in shaping the society In India, justice is essential for every individual whether adult or a minor. Without the youth, we can’t imagine a good society because they are the filture of our society and they are responsible for the development of the society, Parents should teach their children what is good or bad because they are the first teachers in the world from whom children learn how to socialize?
Juvenile justice gives a legal framework to protect the rights of the juvenile, make laws and policies, It deals with the individual who are under 18 years of age and committed any offence, Juveniles are treated differently because of their mental conditions and keeping the age in mind.
The key objective of this system is to reform and rehabilitate the juvenile because they are the future of our nation. this system educates them to reintegrate them into the society and develop various skills so that they can change their mindsets,
This system is governed in India under the Juvenile Justice (Care and Protection of Children) Act,2015.
At present, juveniles are involved in various heinous crimes, which is a matter ofconcern, If such crimes are not prevented, they mgy affect future generation. There are various theories that are eonsidered while delivering justice to the victims against whom the offence has been committed. In this article we will analyze two theories: the theory of punishment, the theory ofrehabilitation and the debate between them
The theory of punishment focuses on accountability, deterrence and the protection of society, whereas the theory of rehabilitation föcuses reformation, education, and skill development.
This article aims to explore a balanced approach between these theories, It also examines the legal and sociological dimension of the rehabilitation-versus-punishment debate,
The objective of this article is to find which approach is better forjuvenile offender and society as a whole.
JUVENILE JUSTICE
An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided. and institutions and bodies established, herein under and for matters connected therewith or incidental thereto;
This means that this Aet is used to protect the rights of the children and help them to build a better future.
It also ensures basic necessities such as food, shelter, education, and health care to juvenile who have committed an offence, need care and protection. It also provides opportunities for physical, mental, emotional and social development.
The court and authority must act in best interest of the child and it arms to rehabilitate, not to punish them
Evolution of juvenile justice system
The juvenile justice system has undergone various stages of evolutionary stages throughout the period oftimes. The first legal framework forjuvenile justice comes under the ambit of Children Act of 1920. It aimed to establish a separate judicial framework dedicated to the juvenile offenders.
The juvenile justice act replaced the earlier Children Act , 1920 because the juvenile need both protection and eare.
Sociological perspective of juvenile delinquengy_
In sociology, juvenile delinquency doesn ‘t come under legal sense rather it comes under the sociological phenomenon because the family, school and peer groups are the first environment which shapes the behavior of the youth. The environment of the children plays a vital role in shaping the mind ofthe youth because as the social condition of the youth is an important factor.
Various factors which lead to iuvenile delinquency:
Family: It plays an important role in shaping the mindset of the children the factors such as broken families, domestic violence, and economic hardship lead to juvenile delinquency
- peer group: association with delinquent peers leads to juvenile delinquency as the social environment plays an important role in it.
- School environment: lack of discipline, bullying, and negative school environment contribute to juvenile delinquency by influencing the child’s behavior.
The theory of rehabilitation
Rehabilitation in juvenile justice emphasizes reforming and reintegrating young offenders into society instead or subjecting them to punitive measures. This approach is founded on the principle that juveniles, due to their age and developmental stage, should be given an opportunity for correction rather than facing severe punishment. The Juvenile Justice (Care and Protection of Children) Act, 2015, prioritizes rehabilitation by incorporating mechanisms such as counselling, skill development, and community-based reintegration programs.
The theory ofrehabilitation is very helpfill for reforming juveniles because it helps the offenders to reintegrate into society by considering their age in mind. This theory helps the juveniles to enhance their skill and connect with others. The positive change in behavior of the offender is the most important thing the system should consider.
Why rehabilitation is important?
l. It reintegrates individuals into society as productive citizens.
2. It is intended to often more comprehensive assistance. such as education. guidance, and family support. to assist young people in overcoming the circumstances that gave rise to their criminal activities
3. It provides vocational training and community service.
4, It helps in skill development and provides education to juvenile offenders,
5, It prioritizes intellectual, emotional and social ability
punishment
The theory of punishment is essential to ensure deterrence and accountability into the heinous crimes and need a punitive measure. It föcuses on corrective measures so that the offender knows their tmstakes and realize their action
In the cases of heinous crimes, punitive measure should be taken because it provides detenenee among the punitive measures to commit any clime. Retributive punishment is also a part of this theory. It prevents offenders from committing other crimes.
In juvenile justice, the punishment is less serious than in adult criminal justice because the punishment is granted on the basis of their age and mental condition. Punishment is granted in the exceptional cases in the juvenile justice system,
REHABILITATION VS. PUNISHMENT
REHABILITATION:
It means reforming juvenile and reintegrates them into society rather than merely imposing punishment.it is based on the believes that the children are capable of reformation more than the adults because of their emotional stability.
- It includes intellectual, emotional, mental, counselling, education and personality enhancement.
- The juveniles commit crimes because of various factors such as financial issues, poor education, poverty. peer pressure.
- It protects the rights of the childrem
- It reduces the chance of reoffending.
PUNISHMENT:
Punishment consists of legal consequences imposed on juvenile offenders under the law. The punishment is less serious in comparison to the adult criminal system. It provides justice to the victim of the offence.
- Punishment is imposed to the offenders to make them accountable fOrtheir action.
- It mamtains a balance between interest of society and the offender to secure justice.
- It protects the rights ofthe victims in the case of serious crimes
- It creates deterrence in the society
LEGAL FRAMEWORK
THIS SYSTEM MAINLY FOCUSES ON TILE JUVENILE JUSTICE (CARE AND
PROTECTION OF CHILDREN) ACT. 20 15
Section 2(12): “child” means a person who has not completed eighteen years of age
Section 2 (35): “juvenile” means a child below the age of eighteen years;
CHAPTER REHABILITATION AND SOCIAL RE-INTEGRATION
Section 39. Process of rehabilitation and social re-integration.
(l) The process of rehabilitation and
social Integration of children under this Act shall be undertaken. based on the individual care plan of the child, preferably through family-based care such as by restoration to family or guardian with or without supervision or sponsorship, or adoption or foster care:
Provided that all efforts shall be made to keep siblings placed in institutional or noninstitutional care, together, unless it is in their best interest not to be kept together
- For children in conflict with law the process of rehabilitation and social integration shall be
undertaken in the observation homes, if the child is not released on bail or in special homes or place of safety or fit facility or with a fit person, if placed there by the order of the Board.
- The children in need of care and protection who are not placed in families for any reason may be
placed 111 an institution registered for such children under this Act or with a fit person or a fit facility, on a temporary or long-term basis, and the process ofrehabilitation and social integration shall be undertaken wherever the child is so placed.
- The Children in need of care and protection who are leaving institutional care or children in
conflict with law leaving speciål homes or place of safety on attaining eighteen years of age, may be
provided financial support as speci lied in section 46, to help them to re-integrate into the mainstream of the society.
CHAPTER 111 – THE JUVENILE JUSTICE BOARD
CHAPTER V – THE CHILD WELFARE COMMETIEE
LANDMARK CASES
l. Shila Barse vs Union of India (1986), the Hon’ble Supreme Court held that “the children accused for minor offences, should be placed in observation home, “This case emphasized the principle of rehabilitation rather than punishment for juveniles.
- In I-luri Ram v. State of Rajasthan (2009): the supreme court held that juvenility must be determined based on the offender’s age on the date the offence was committed. Not the date the court takes cognizance of the offence
- In Subramanian Swamy v. Raiu (2014), The supreme court held that the constitutional validity of the juvenile justice act 2000.The court held that the person below the 18 year of age must be mandatory treated as a juvenile and tried under the juvenile justice system, regardless of heinousness of crime committed
BALANCING REHABILITATION AND PUNISHMENT
Rehabilitation and punishment are two different approaches to dealing with juvenile offenders. Balancing rehabilitation and punishment are very essential for effective juvenile justice system. Punishment focuses on accountability and the protection of the society, whereas rehabilitation focuses on reforming the behavior and mindset of the juveniles and reintegrate into society, if either approach is taken to an exceeds it rnay negatively affect the future of the juvenile, An overly punitive system can harm the future whereas excessive lenient system may fail to uphold justice and public safety.
The ideal juvenile system provides justice by carefully assessing the mental emotional and the child’s age 111 mmd so that the child can build a better future. Modern frameworks increasingly emphasize restorativejustice, This shifts the focus away from harsh punitive measures towards understanding the root causes of the crime (such as trauma, poverty, or abuse) and repairing the harm done to victims and society.
CRITICISM
I ,Many critics argues that the juvenile justice system sometimes becomes too lenient, they mostly focus on rehabilitation rather than punishment
2.111 cases involving ser’ious crimes such as murder, rape, or terrorism, society often feels that the punishment given to juveniles is too lenient and fails to reflect the gravity of the offence.
3.Due to the rehabilitation approach people think that the juveniles are released at an earlier stage because of their age and they can become threat to society which is very dangerous,
4.sometimes crime increases because people know that the minors are treated more leniently so they commit crime again and again, deterrence becomes more important.
5. The Act allows children aged 16—18 accused of heinous offences to be assessed for trial as adults. However, determining a juvenile’s mental and emotional maturity is a complex process and may result in inconsistent or subjective decisions,
Conclusion
The juvenile Justice system plays a very important role in the lives ofjuveniles. through this article highlights that we came to know that this system is very much different from the adult criminal system because it mainly focuses on mental and emotional development of children. It provides them with the opportunity to recognize their mistakes and become a better person. It is not always be a lenient in åll cases, in the cases ofheinous crimes it becomes too harsh for establishing an example in the society so that people can trust the judicial system whereas in the cases of less serious crime it gave a chance to the offenders to reform and provide them with opportunity to develop their skills. This system basically deals with the offences committed by the children below the age 18 years.
The rehabilitative measures are taken to reintegrate into society and help them reform and become responsible citizen. It is not always necessary to impose punitive measures on juveniles, sometimes it became too harsh tor them. This tension between rehabilitation and punishment represents one of the central dilemmas ofjuvenile justice. lildia has made significant progress in balancing rehabilitation and punishment through the Juvenile Justice (Care and Protection of Children)
REFERENCES
+ Table of cases
I.Hari Ram v state of Rajasthan (2009) 13 SCC 211.
2.Sheela Barse v Union of India (1986) 3 SCC 596.
3. DR. Subramanian Swamy, Raju (2014) 8 SCC 390.
Legislation
- JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015.
- CHILDREN ACT 1960.
+ Book
l . Paranjape NV, Criminology & penology with victimology (18 di
Edition, Central Law Publications),2022
+ WEB SOURCE
- https://www.manupatra.ai
- https://www.scconline.com
- https://www.livelaw.in
- https://www.indiacode.nic.in
- https://www.indiankanoon.org
