Author- Priyanka Pillay a student at Symbiosis Law School, Pune
ABSTRACT
Juvenile justice reform is a critical issue that seeks to balance accountability with rehabilitation, ensuring that young offenders are held responsible for their actions while also receiving the support needed for reintegration into society. Traditional punitive approaches have often resulted in high recidivism rates and adverse long-term outcomes for juveniles. This paper explores the shift towards rehabilitation-focused models, including diversion programs, restorative justice practices, and community-based interventions. It analyses whether the reforms effectively reduced recidivism, helped achieve positive behavioural change, and eliminated the core reasons for juvenile delinquency: poverty, trauma, and a lack of social support. Further, it studies the implementation problems of reform in terms of public perception, legal barriers, and unequal access to rehabilitative resources. Through this paper, an effort is made to evaluate both successful and problematic features of the contemporary juvenile justice policies and thus plead for a balanced approach, prioritizing justice along with rehabilitation.
KEYWORDS
Rehabilitation, Juvenile delinquency, Reformative, care, protection, reintegration, accountability, punishment, gender
INTRODUCTION
In the past, related to the spectrum of reactions against juvenile delinquency, the pendulum has swung from solemn culpability to focus on rehabilitation in the resocialization of adolescent offenders. Execution of juvenile justice provides for supervision and reputation in the criminal justice system, by providing young offenders with tools to learn and avoid behaviours that lead them to these problem situations. Conflicting proposals exist as to which ways provide most opportunities for the delinquent youths who perform unlawful acts based upon the reasoning upon which the juvenile offender stands to benefit and at the same time protect society.
This paper looks into reform in juvenile justice, where policies try to marry punishment with rehabilitation. It considers diversion programs, restorative justice programs, and community-based programs for young offenders in fostering positive outcomes. Some considerations include racial disparity, mental illness, and, in some cases, differential treatment regarding juvenile sentences. Thus, the study determines a very best practice that could end all enmity between the diffused concerns of the youth offenders till the satisfaction of both arts of all involved: the justice for the offender and society, hence aiming at a much more restorative and balanced juvenile justice system.
WHAT IS JUVENILE JUSTICE ACT 2015?
It is an Act concerned and catering the rights, interest and future of a child alleged to be in conflict with law. This Act deals with provisions of protection, rehabilitation, development, treatment, social re-integration by means of education, adoption and other friendly ways of providing a better living. It not only works as a guardian for a victim but also as a rulebook with general exceptions punishing the accused for derogatory or illegal acts done with an intent or pressure. The act consists of various chapters each with a bifurcation of various forms of categorization like child below 18, victim, orphan, abandoned and so on.
- Definition of Child
As pointed by the Juvenile Justice Act 1960 the word “child’ is not defined instead the word “juvenile” is used. “Juvenile” means a boy who has not attained the age of or a girl who has not attained the age of 18 years. The definition of “juvenile” given herein verbatim the same what has been given for a child in the children Act 1960.
- Main Focus of this Act
Rehabilitative Approach
The Act focuses on rehabilitation rather than punishment, except in the case of juveniles (16-18 years) who commit heinous crimes. Observation Homes and Special Homes offer skill development, education, and psychological counselling to help juveniles rehabilitate themselves.
Protection of Children’s Rights
Children in Need of Care and Protection (CNCP): This act protects abandoned, orphaned, or abused children by protecting from shelter lessness, educational neglect, and legal exploitation. Strict scrutinization procedures are conducted that prevents illegal adoptions, child labour, and trafficking. Child Welfare Committees are empowered to take immediate measures for the protection of neglected children.
Care-centric approach
It streamlines the adoption procedure at CARA (Central Adoption Resource Authority). The provisions include sponsorship, aftercare, and foster care programs to ensure that children grow up in a nurturing environment. Counselling and support services are provided for juveniles in conflict with the law.
Non-Punitive Measures
Even if juveniles commit heinous crimes, they are given reformative treatment. Instead of following the formal court process, counselling, community service, or rehabilitation is provided. There is emphasis on Education and Vocational Training. It encourages skill-building instead of punitive measures.
HISTORY
During the Colonial Rule, there was no separate law for juvenile offenders, and children were often tried as adults. Following are few regulations which received public recognition.
Apprentices Act, 1850 – First law recognizing the need for rehabilitation of child offenders. Reformatory Schools Act, 1897 – Introduced the concept of separate institutions for child offenders. Madras Children Act, 1920 – One of the first state-level laws for juvenile justice.
Before the implementation of the Juvenile Justice Acts of 2015, 2000, and 1986, there was the Children Act of 1960 established with the objective of addressing international responses to issues regarding juvenile justice. This piece of legislation sought to establish a unified policy in regards to juveniles’ rights and interests but while ensuring that these children received proper care, treatment, rehabilitation, and general development. This act was applied only to children below 16 years. It introduced Juvenile Courts and Special Homes for young offenders but however, implementation was weak and varied across states.
The horrific Nirbhaya Gang Rape Case ignited major discourse about the juvenile justice system because one of the accused was only six months shy of turning 18, making him a juvenile under the laws of India. This incident urged the Indian Parliament to pass the “Juvenile Justice (Care and Protection) Act, 2015.” However, prior to discussing the detail of this act and other associated provisions in the Indian juvenile justice structure, it would be pertinent to mention that with the growing trend of juvenile crime over the past years, more emphatically by the “Delhi Gang Rape Case,” lawmakers improvised new legislation. A critical deficiency of the previous Act was its inadequately equipped legal provisions, coupled with a malfunctioning juvenile justice system, which significantly hindered efforts to mitigate juvenile crime in India. Consequently, the earlier legislation was soon superseded by the Juvenile Justice (Care and Protection) Act, 2015.
CAUSES OF SUCH JUVENILE DELINQUENCY
When adolescents (often under the age of 18) perform unlawful, antisocial, or criminal behaviour, it is referred to as juvenile delinquency. This covers less serious charges like burglary and damage to property as well as more serious ones like assault and drug offenses. Among the factors that contribute to juvenile delinquency involve the familial environment, peer pressure, socioeconomic standing, and a lack of education. The juvenile justice system prioritizes reintegration and recovery above punishment, in opposition to adult criminality. Its objective is to support juvenile offenders to achieve constructive behavioural changes.
It is a result of a combination of social, economic, psychological, and environmental factors. Key causes include family instability, neglect, abuse, peer pressure, lack of education, poverty, substance abuse, and exposure to violence. Weak legal enforcement, media influence, and lack of proper rehabilitation also contribute. Many juveniles engage in delinquent behaviours due to emotional distress, societal neglect, or lack of guidance, and therefore, prevention through education, counselling, and social support becomes crucial.
NIRBHAYA GANG RAPE CASE
On December 16, 2012, a 23-year-old woman, known as Nirbhaya, which translates to “fearless,” was subjected to a gang rape and severe assault while aboard a moving bus in Delhi. She ultimately succumbed to her injuries on December 29, 2012, prompting extensive protests and calls for justice. Among the six individuals accused, one was a 17-year-old juvenile, who was given a more lenient sentence in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2000, which classified all offenders under the age of 18 as minors.
Under the JJ Act, 2000, the juvenile accused was sentenced to only 3 years in a reform home, which is the maximum punishment that can be given to minors. This gave a reason for public outcry since many felt heinous crimes like rape and murder should not be defended by age. There were calls to reduce the juvenile age for serious crimes and to try juveniles involved in heinous offenses as adults.
EFFECTS ON THE JUVENILE JUSTICE ACT
The case brought about the Juvenile Justice (Care and Protection of Children) Act, 2015, which incorporated stricter provisions:
Trial as Adults for Heinous Crimes (16-18 Age Group)
Juveniles in the age group 16-18 years who commit heinous crimes (like rape, murder, terrorism) can be tried as adults on assessment by the Juvenile Justice Board (JJB).
Juvenile Justice Board (JJB) Assessment
The JJB decides whether the juvenile was mentally capable of committing the crime and should be tried as an adult.
Greater Deterrent for Serious Offenses Committed by Juveniles
The new law aimed at protecting youths from misusing lenient laws and ensuring justice for victims.
Final Result
- All the six accused in the Nirbhaya case were convicted.
- The juvenile convict was released after three years and caused public uprisings.
- The four adult convicts were executed by hanging in 2020, which marked the first execution for rape in India in decades.
- It strengthened India’s legal framework against sexual violence but brought out the ethical issues of juvenile justice.
PUNE PORSCHE CASE
The Pune Porsche Case highlights the gaps in the implementation of Juvenile Justice Act 2015, particularly on how privilege affects juvenile justice. The law permits juveniles to be tried as adults in cases of particularly heinous crimes; however, its application is inconsistent. This case reinforced that irrespective of socio-economic status, equal treatment in law is needed.
Since the accused was 17 years old, the Juvenile Justice Board (JJB) had to decide whether he should be tried as an adult for committing a heinous offense (culpable homicide). The Juvenile Justice Board later transferred the case to a Sessions Court, meaning he would be tried as an adult.
Initially, the bail order and essay punishment showed leniency due to the accused’s privileged background. Public protests led to a review of the bail order, and stricter action was taken. Juvenile was later sent to an Observation Home and later transferred to an adult court for trial.
This case raised questions about privilege in the justice system, as juveniles from wealthy backgrounds often receive softer punishments. It strengthened public demand for stricter implementation of the Juvenile Justice Act, 2015, ensuring that juveniles in heinous crimes face real consequences.
PUNE CASE IMPACT:
The case was sent to an adult court within no time by the Juvenile Justice Board, and such cases in future regarding negligent driving and killing would be a precedence. It can be expected to make decisions of trying juveniles as adults on serious cases fast.
Harsher Bail Conditions for Juveniles on Heinous Crimes
The bail was granted for the juvenile after 15 hours, and was given a 300-word essay as punishment; the public took it as scandalous.
Amendments are likely on easy bail that is being enjoyed by juveniles who commit such heinous crimes. Courts may think through the use of weak or puerile punishment like writing an essay. More scrutiny on Juvenile Justice Board decisions related to bail in such cases are required.
Greater Emphasis on Parental Responsibility
The father of the accused was detained for permitting his minor son to drive.
Stricter laws on parental responsibility may be enacted. The act may be amended to make parents liable if their child commits a serious crime due to negligence on the part of the parents. Tougher implementation of Motor Vehicles Act provisions related to underage driving.
More Severe Control of Juvenile Privilege & Class Bias in Judiciary
The case demonstrated how money and power have their fair share in doles.
Public and judicial analysis on the vagary of whims of JJB in determining decisions by class. Criticism to streamline standardization of judgment to avoid juvenile class bias in judicial decision-making.
Review of Juvenile Justice Reform
The case highlighted that the Juvenile Justice Act, 2015, is still very lenient in that it provides avenues for the privileged juveniles to avoid proper serious punishment.
Policy makers will analyse and strengthen provisions relating to juvenile sentencing. Public debate on whether death by reckless driving should automatically fall under heinous crimes of the act. Harsher reformative actions should be imposed on the juvenile offender who exhibits wilful negligence.
ROLE OF FAMILY IN JUVENILE JUSTICE SYSTEM
Emotional and Psychological Support: Family members provide emotional stability, which is crucial in providing for a rehabilitation of a youth. This would enhance a home environment so that the young offender will be more comfortable and assured to change his ways.
Parental Instructive and Watchful Insight: Guardians and parents have the duty of instilling morals, discipline, and boundaries in a child’s life. Active participation by these parents will inhibit delinquent behaviour from arising and lower the chances of recommitting the crime.
Availability in Rehabilitation Programs: The family needs to commit to attending counselling sessions and educational activities instituted by the court. All this will improve the intervention results.
Advocacy and Legal Assistance: Parents and guardians can act as advocates of their children in the court processes in order to guarantee the protection of their rights and proper treatment of them by law.
Mentorship and Good Role Models: Community members, such as teachers, mentors, and clerics, can counsel and become good examples to juveniles in pursuit of better choices in life.
Education and Employment Opportunities: Community-based job training, apprenticeships, and educational support programs help the juvenile acquire skills essential for a successful re-entry into society.
Restorative Justice Programs: Community involvement through restorative justice initiatives such as victim-offender mediation and community service, enable juveniles to take responsibility for their action while making amends for harm incurred to victims and the community.
Support Networks: Local organizations, social workers, and non-profits can provide counselling, substance abuse treatment, and social services that may be potential root causes for juvenile delinquent behaviour.
CONCLUSION
Reform in juvenile justice requires a balanced approach between holding offenders accountable and rehabilitating them. It is essential that youngsters understand their duties but also believe in their own ability to grow and change as human beings. Evidence-based interventions, diversion programs, and restorative justice programs that address the root causes of delinquency must be taken into consideration for the betterment of both the youth and the community.
This is possible by integrating rehabilitation with age-appropriate accountability measures in policymaking, thereby creating a system that reduces recidivism, fosters positive development, and ultimately enhances community safety. A just and compassionate juvenile justice system not only preserves justice but also equips young people with the support and opportunities needed for successful reintegration into society.
FAQs
1. What is the purpose of juvenile justice reform?
Reforming the juvenile justice system is designed to strike a balance between holding minors accountable for their actions while still rehabilitating them for life outside of incarceration. The end goal is the reduction of recidivism rates, identification of causes of delinquency, and the implementation of a more equitable and functional system of justice for minors.
2. What is the Juvenile Justice Act of 2015?
The Juvenile Justice (Care and Protection of Children) Act, 2015, is a legislation in India aimed at protecting the rights and welfare of children in conflict with law. It focuses on rehabilitation and not punishment. Children between the ages of 16 to 18 years who commit horrendous crimes are tried as adults. This is subject to an assessment done by a Juvenile Justice Board (JJB).
3. How does the Juvenile Justice Act protect children?
The Act protects children through: –
- Rehabilitation programs like skill development and counselling.
- Observation homes and special homes for juvenile offenders.
- Protection for children in need of care, such as orphans or victims of abuse.
- Streamlined adoption and foster care procedures.
4. What are the main causes of juvenile delinquency?
Juvenile delinquency is caused by multiple factors, including:
- Family instability, neglect, or abuse.
- Poverty and lack of education.
- Peer pressure and substance abuse.
- Weak legal enforcement and exposure to violence.
5. What are diversion programs in juvenile justice?
Diversion programs offer alternatives to the formal judicial process. They emphasize rehabilitation through community service, counselling, skill training, and restorative justice practices rather than imprisonment or punishment.
6. What is restorative justice in the juvenile system?
Restorative justice emphasizes repairing harm caused by crime through mediation between offenders and victims. It focuses on accountability, community service, and reconciliation rather than punitive measures.
7. How has the Nirbhaya case shaped the juvenile justice law?
The Nirbhaya case, in 2012, prompted much-needed legislation changes, particularly with the coming into force of the Juvenile Justice Act of 2015. The amendment enables juveniles aged 16-18 years to be tried as adults on the basis of heinousness and as necessary under the opinion of the JJB, giving public a hope of sternness against serious offenses.
8. What has family contributed toward rehabilitation of minors?
Family support proves very essential within the rehabilitation circle of a youth. Parents as well as care-givers assure emotional stability. Discipline and advice make them work to re-acclimatise with society; and active participations in counselling’s’ rehabilitation programmes assure them to inculcate favourable changes in life.
REFERENCE
Juvenile Justice act( care and Protection) 2015 https://www.indiacode.nic.in/handle/123456789/2148
STEWART, D. O. (1990). Juvenile Justice. ABA Journal, 76(10), 50–56. http://www.jstor.org/stable/20761219
Bhattacharyya, S. K. (1981). JUVENILE JUSTICE SYSTEM IN INDIA. Journal of the Indian Law Institute, 23(4), 606–612. http://www.jstor.org/stable/43950781
Mukesh v. State (NCT of Delhi), (2017) 6 SCC 1
