Ms. Priti , Student of MDU, Rohtak, Haryana

ABSTRACT

A brief overview of this Article, summarizing the main arguments about the effectiveness of rehabilitation and punitive measures and reforms rather than the punishment strategies in the juvenile justice system in India in 21^st century.  It will highlight the need for reforms in light of current issues, such as delinquent care and rehabilitation. Juvenile delinquency, being a serious problem in India in 21^st century because at present time the technology is playing a very advance role that’s  why the lots of children’s are increasingly exposed to technology, which can lead to cyber crimes and other negative consequences. While the government has initiated a series of steps for the welfare and development of juveniles, yet much needs to be done for the better results. The children are belonging to the different sections of the society, victims of different forms of crime but it is seen that, the crime committed by juveniles under the Bharatiya Nyaya Sanhita (BNS) ,2023 replaced by old Code IPC,1860 and special and local laws  have seen growth in past years. As per the report of NCRB, Crime in India, 2016, the number of Juveniles (majority age 16 years – 18 years) were apprehended for commission of offences under the  Bharatiya Nyaya Sanhita (BNS),2023, in which are thousands of cases that fall under special and local laws, two thousand three hundred forty five above juveniles are alleged to commit the said crimes. The criminal activities by juveniles in India usually was belonging with petty crimes but now their involvement in commission of Heinous crimes, Sexual offences has triggered the need to analyze and re-evaluating the juvenile justice system with the aim to serve the best interest of the child and to ensure that justice is done. The Juvenile Justice (Care and Protection of Children) Act, 2015 has been designed to encourage positive  changes with focuses on the rehabilitation rather than Punishment of the child. In respect analysis between previous and current juvenile justice system in India and the issues as well as some arguments and it’s implications on juvenile justice system in India.

Keywords :- Reforms, Juvenile justice, India, Punishment, rehabilitation

INTRODUCTION

This profound statement underscores the inherent creativity, innocence, and potential that every child carries within them. However, as they grow older, societal pressures, expectations, and systemic issues often stifle this potential, leading to behaviors that society labels as juvenile delinquency.

In India, juvenile delinquency has become an increasingly pressing issue, as many young individuals find themselves caught in a web of poverty, lack of education, and sometimes, neglect. The challenge is not simply to punish but to understand the root causes of such behavior and to address them effectively. So, It is only when we acknowledge their potential and provide the right opportunities for rehabilitation that we can help them rediscover the “artist” within, allowing them to contribute positively to society. The solution lies not in punishment but in compassion, understanding, and the careful nurturing of their latent abilities. The juvenile justice system in India has been a subject of extensive debate and reform over the past few decades. Historically, the focus of the system was on rehabilitation rather than punishment, as it recognized that children and adolescents are still in the process of development and should not be treated as fully culpable for their actions. However, recent societal changes, rising crime rates, and high-profile juvenile delinquency cases have prompted a shift towards more punitive measures.

MEANING AND  LEGAL FRAMEWORKS OF JUVENILE JUSTICE SYSTEM IN INDIA

The juvenile means under The Juvenile Justice (Care and Protection of Children) Act, 2015 defines a juvenile as a person who is under the age of 18.^[1] Hence,”Doli incapax” is a Latin term meaning “incapable of doing harm,” meaning thereby a child has no capacity to realize the consequence of his or her actions. It plays a crucial role in establishing the presumption of innocence for children in criminal law. Children are presumed innocent under Doli Incapax until proven otherwise, recognizing their developmental stage and limited capacity for understanding the consequences of their actions. This concept is grounded in the principle that individuals should only be held criminally responsible for acts they intentionally commit. In India, the Bharatiya Nyaya Sanhita,2023(BNS)recognizes Doli incapax by establishing an age line below which children are considered incapable of understanding criminal behavior due to their lack of moral and cognitive development, known as “qualified immunity.”

LEGAL FRAMEWORK OF JUVENILE JUSTICE SYSTEM IN INDIA :-

• THE BHARATIYA NYAYA SANHITA,2023^[2] BEFORE (THE INDIAN PENAL CODE OF 1860):The BNS before IPC, enacted during British rule, provided for the punishment of crimes but did not distinguish between adults and children in terms of criminal responsibility. While children under the age of 7 were considered incapable of committing crimes due to lack of mens rea (criminal intent), there were no separate provisions for juvenile offenders. Children aged between 7 and 12 could be held criminally liable, though they were given certain exceptions.
• The Law Commission of India suggesting amendments to the Protection of Children from Sexual Offences (POCSO) Act and the Juvenile Justice Act (JJ Act) to avoid imprisonment of juveniles in sexual activity :-After reviewing the existing child protection law, various judgments and considering the maladies of child abuse, child trafficking and child prostitution, plaguing our society, the Commission was of the view that it is not advisable of  the existing age of consent under the POCSO Act.Although, the Commission also considered it necessary that there is a need to bring certain amendments in the POCSO Act to overcome the present Indian society situation where there is a silent  in fact and not a consent in law on part of the child aged between 16 to 18 years. Therefore, the Commission introduced guided judicial discretion in the matter of sentencing such cases ensuring that the law is balanced thus safeguarding the best interests of the child.
• THE INDIAN CONSTITUTION (1950): The Constitution of India, while not specifically addressing juvenile justice, included provisions for the protection and welfare of children. Article 15(3) allowed for special provisions for children, recognizing the need for a separate legal framework for juvenile justice.^[3]

• THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD (CRC), 1989^[4]: The CRC recognized that children in conflict with the law should be treated with dignity and respect, and their rehabilitation and reintegration should be prioritized. The principles outlined in the CRC had a profound influence on India’s juvenile justice reforms, emphasizing the need for a system that prioritized child welfare, rehabilitation, and protection from exploitation.

• THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

India’s approach to juvenile justice has undergone significant reform in recent years, especially in response to high-profile crimes involving juveniles.The Juvenile Justice act of 2015 replaced the Juvenile Justice act of 2000 because there existed a need for a more robust and effective justice system that focused on deterrent as well as reformative approaches. The approach towards Juveniles should be different from that of adults, there were contentions made in the Parliament that the Juveniles should be given more space for transformation or reformation or improvement and that is only possible when there’s a special justice system. Thus, the new act i.e. the Juvenile Justice (care and protection of children) Act, 2015 focused on a Juvenile friendly approach of adjudication and disposition of matters.The major debate and discussion surrounding the juvenile justice system began after the heinous incident of the Nirbhaya Gang Rape Case, within which an accused was only six months faraway from reaching the age of 18, The age of becoming significant and forcing the Indian system to convict him as a juvenile instead of a full-fledged offender.[5]

QUESTION

Whether punishment is an appropriate or effective solution for juvenile offenders or if alternative rehabilitative approaches and reforms should be prioritized?

ARGUMENTS IN FAVOUR OF REHABILITATION OF JUVENILES RATHER THAN PUNISHMENT:-

• Focus on Long-term Behavior Change: benefits Rehabilitation addresses the root causes of juvenile delinquency, such as family issues, trauma, mental health problems, or socio-economic factors. By focusing on behavior modification, it aims to reduce the likelihood of reoffending and promote long-term positive outcomes.
• Promotes Reintegration into Society: Rehabilitation emphasizes reintegrating the juvenile into society as a productive member. With the right support, including education, vocational training, and counseling, juveniles are better equipped to lead a law-abiding and fulfilling life post-release
• Focus on Youth’s Capacity for Change: Juveniles, due to their age and developmental stage, are more likely to change their behavior than adults. Rehabilitation takes advantage of this developmental plasticity, providing juveniles with the opportunity to learn and grow in a positive environment, which can have lasting effects
• Ethical Approach: Rehabilitation aligns with the principles of human rights and acknowledges the potential for growth and change in young offenders. It treats juveniles with dignity, viewing them as capable of redemption rather than punishing them for mistakes made during a developmental stage.
• Supports Mental Health and Well-being: Many juveniles who commit crimes have underlying mental health or emotional issues. Rehabilitation addresses these factors, providing juveniles with the care, therapy, and counseling they need to heal, which can improve their overall well-being and future prospects.
• Less Stigmatization: A rehabilitative approach reduces the stigma often associated with being punished. Focusing on rehabilitation allows juveniles to maintain their dignity and have a better chance of reintegrating into their communities without being labeled as “criminals.
• Promotes Reintegration into Society: Rehabilitation emphasizes reintegrating the juvenile into society as a productive member. With the right support, including education, vocational training, and counseling, juveniles are better equipped to lead a law-abiding and fulfilling life post-release.

LEADING JUDGEMENTS:-

• In case of sheela Barse vs union of India (1986)^[6]The petitioner filed the present petition under Article 32 of the Constitution for release of children below the age of 16 years detained in jails within different States of the country, production of complete information of children in jails and existence of juvenile Courts, homes and schools in the country.
• In Case of pratap singh vs state of jharkhand (2005)^[7]The High Court held that for determining the age of juvenile, the provisions of 1986 Act would apply and not 2000 Act. The High Court, however, took the view that the date of birth, as recorded in the school and the school certificate, should be the best evidence for fixing the age of the appellant.
• In case of Ajeet gujar vs state of MP^[8]in whichClause (ii) of sub-section 1 of Section 19 is very crucial which indicates that though the word ‘may’ have been used in the opening part of sub-section 1 of Section 19, the same will have to be read as ‘shall’. Clause (ii) provides that after examining whether there is a need for a trial of the child as an adult, if the children’s Court comes to the conclusion that there is no need for the trial of the child as an adult, instead of sending back the matter to the Board, the Court itself is empowered to conduct an inquiry and pass appropriate orders in accordance with provisions of Section 18 of the JJ Act. The trial of a child as an adult and his trial as a juvenile by the Juvenile Justice Board has different consequences.

ARGUMENTS IN AGAINST OF REHABILITATION OF JUVENILES RATHER THAN PUNISHMENT:-

• Potential for Exploitation of the System: Some juveniles might exploit rehabilitation programs to avoid harsher punishments. If rehabilitation is perceived as too lenient, certain offenders might take advantage of the system without genuinely attempting to reform, which can undermine the effectiveness of the approach.
• High Cost and Resource Intensive: Implementing effective rehabilitative programs requires significant resources—funding for counselors, educational programs, vocational training, and therapy.
• Inconsistent Success: The success of rehabilitation is not guaranteed for every juvenile. Factors such as family support, personal motivation, and community environment play a significant role in the effectiveness of rehabilitation programs. Not all juveniles will respond positively, meaning the system may fail for some individuals.
• Lack of Immediate Justice for Victims: For victims of juvenile crimes, rehabilitation might not provide the immediate sense of justice or retribution they seek. Punitive measures can give victims and the community a sense of closure, while rehabilitation focuses on the offender’s recovery, which may not satisfy the need for justice from the victim’s perspective.
• Victim Blaming or Overshadowing the Impact on Victims: Rehabilitation might focus too much on the juvenile offender and not enough on the harm caused to victims. While rehabilitating the offender is important, the justice system must also prioritize addressing the needs of the victim and ensuring they feel heard and supported.

BECAUSE OF INDIA WITNESSED LOTS OF INCIDENTS AND CASES LIKE AS ARE FOLLOWING :-

• In Nirbhaya Rape case (Delhi):-In this case Juvenile accused are being treated “rather too leniently” in the country and the legislature has still not learnt any lessons from the “horrors of Nirbhaya”, the 2012 Delhi gang rape case, the Madhya Pradesh High Court observed while refusing to grant any relief to a rape convict, who was a juvenile at the time of the crime.^[9]
• The Pune  car case :- In may a speeding car, allegedly driven by a teenager, killed two young techies in Pune. As prescribed by the Juvenile Justice (Care and Protection of Children) Act, or the JJ Act, 2015, the adolescent was initially brought before the Juvenile Justice Board (JJB), which granted him bail under seemingly lenient conditions. This decision, coupled with the tragic outcome of the incident and emerging accusations of privilege being used to tamper with the investigation, sparked public outrage. Following the backlash, the JJB modified its order, directing the adolescent’s detention in an Observation Home. This was challenged before the Bombay High Court, which directed his release on the ground that he was granted bail in accordance with due procedure.^[10]

IMPACT OF PUNISHMENT-BASED JUVENILE JUSTICE SYSTEM ON INDIA:

1. Legal Framework and Punishment:   The Indian juvenile justice system has undergone several reforms, particularly with the Juvenile Justice (Care and Protection of Children) Act, 2015, and its subsequent amendments. While the 2016 amendment to the Juvenile Justice Act allowed for the trial of juveniles aged 16-18 for heinous crimes in adult courts, the question remains whether punishment or rehabilitation serves as the best approach.
2. Punitive Measures: Punishment-oriented approaches focus on deterrence and retribution. The underlying belief is that young offenders need to be held accountable for their actions and learn from their mistakes. However, this approach often fails to address the underlying causes of juvenile crime, such as poverty, lack of education, and broken families.
3. Psychological and Sociological Factors: Juvenile crime is often deeply connected to psychological, social, and environmental factors. Poverty, peer pressure, family dysfunction, lack of access to education, and social exclusion can push a child toward criminal behavior. Punishment alone fails to address these root causes. Juveniles may be incarcerated in juvenile homes where they can come into contact with hardened criminals, exacerbating their psychological trauma and increasing the likelihood of reoffending.
4. Impact on Juvenile Rehabilitation: The current system’s focus on punishment over rehabilitation often results in the failure to equip juveniles with the necessary skills to reintegrate into society. It does not foster a sense of responsibility or provide the opportunities needed to make positive life choices.
5. Effectiveness of Juvenile Homes: Juvenile homes in India, in many cases, are overcrowded, underfunded, and lack adequate facilities to support the rehabilitation of young offenders. Many of these institutions focus more on containment rather than rehabilitation, leading to poor outcomes.
6. Public Perception and Media Influence: Public opinion in India, often swayed by media coverage of high-profile crimes, tends to support harsher penalties for juveniles. This influences policymakers and can lead to punitive measures rather than reform. However, evidence from countries with more rehabilitative models, such as Norway or Sweden, shows that such an approach is more effective in reducing recidivism and enabling juveniles to become productive members of society.
7. International Standards and Human Rights:[11]   International bodies like the United Nations have emphasized the importance of adopting a child-friendly approach to juvenile justice, grounded in the principles of the Convention on the Rights of the Child (CRC). India’s juvenile justice system must align with these international standards, which prioritize rehabilitation, protection, and the reintegration of juveniles rather than punitive measures alone.
8. Training and Sensitization of Law Enforcement: Police, judges, and social workers involved in the juvenile justice process must be properly trained to understand the developmental needs of children. Juvenile justice laws should be enforced with sensitivity to the age, maturity, and circumstances of the offender.

FUTURE IMPROVEMENT AND CONCLUSION:

The juvenile justice system in India must evolve from one focused on punishment to one that emphasizes rehabilitation and reintegration. The 21^st century presents a new opportunity to re-imagine the system, where young offenders are given a second chance to reform and reintegrate into society. By focusing on education, counseling, and restorative practices, the system can create a healthier, more just approach for both the offenders and the society at large. The ultimate goal should be to reduce recidivism and ensure that young people are given the support they need to succeed and lead fulfilling lives.

In conclusion, reforming the juvenile justice system by shifting the focus from punishment to rehabilitation is essential for fostering positive outcomes for young offenders. By prioritizing education, mental health support, and community-based interventions, we can address the root causes of juvenile delinquency and provide the necessary tools for personal growth and reintegration into society. This shift not only reduces the likelihood of reoffending but also promotes long-term social stability. Ultimately, a rehabilitative approach offers a more compassionate, effective, and humane way to guide youth toward becoming productive, responsible citizens.

[1] The Juvenile Justice (Care and Protection of Children) Act, 2015, s.2(12)

[2] The Bharatiya Nyaya Sanhita,2023(BNS), s.20

[3] The Constitution of India ,art.15(3)

[4] The United nations convention on the rights of the child,1989

[5] Pritpal singh chahal, “ study of juvenile justice system “ Volume 8 of IJNRD Issue 3 March 2023

[6] 1983 AIR 378,1983 SCR (2) 337

[7] 2005(1) scale 763

[8] 2023 LiveLaw (SC) 857.

[9] The Hindu newspaper , Sep. 18,2024, https://www.thehindu.com/news/national/madhya-pradesh/juvenile-accused-treated-too-leniently-in-india-no-lessons-learnt-from-nirbhaya-case-high-court/article68650940.ece

[10] The Hindu newspaper, july17,2024,https://www.thehindu.com/opinion/op-ed/trying-juveniles-as-adults-is-not-the-answer/article68410147.ece

[11] https://www.un.org/en/global-issues/human-rights