Published On: 27th February, 2025
Authored By: Ami Yadav
PES Modern Law College , Pune
Introduction
The Juvenile Justice System aims to assist in the rehabilitation of minors who have committed crimes as it recognizes that kids cannot fully understand the repercussions of their deeds. Its goal is to prevent juveniles from undergoing treatment as adults in the criminal justice system, and instead provide them an opportunity for reformation, counseling, and resettlement into the society. In India, such structures are provided for by the Juvenile Justice Act of 2015[1], which stresses reform more than punishment[2]. The system is based on the principle that as a result of their tender age and level of development, all children are entitled to and require special legal procedures and protection[3]. The importance lies in ensuring that juveniles are treated with honor, provided with the opportunity to go to school and have opportunities to change to lessen their chances of re-offending which benefits the society altogether.
The juvenile justice system is designed to assist disadvantaged youth. The philosophy underlying reparation is that children should be given adequate assistance since they can change. Therefore, children are firmly sent to rehabilitation facilities to be re-integrated as useful members of society. However, there is a need for accountability to ensure that crime is deterred by ensuring that the child understands that they cannot commit any offense and get away with it. The provisions of the Juvenile Justice Act, of 2015 in India also tend to reflect this balance concerning children’s rehabilitation accompanied by provisions protecting children from abuse. Additionally, the bulk of the active strategies are designed to limit the use of institutions towards juveniles with attributes such as Indeterminate lengths of time held institutionalized, Restriction of movement, and Court-imposed confinement. The interplay of these objectives has been visible and acknowledged in family and crime policy development in developing countries as well. For the effective operation of a uniquely structured juvenile justice system, this understanding is important as principles of community safety and respect for children and their rights should have been made the basis, rather than sound self-serving.
Historical Overview
Over time shifting legal frameworks international standards and societal viewpoints have had a significant impact on India’s juvenile justice system. In terms of criminal responsibility the Indian Penal Code of 1860 laid the groundwork for its later years by making a distinction between adults and children particularly under Section 82 which stated that a child under the age of seven was not criminally responsible. .The Juvenile Justice Act which established a legal framework for kids in trouble with the law that prioritized rehabilitation over punishment was the first organized piece of legislation pertaining to minors. It represented a significant shift away from punitive techniques. International agreements like the 1989 United Nations Convention on the Rights of the Child which India ratified in 1992 also had an impact on this Act. It emphasized the value of seeing children as unique individuals capable of transformation and reintegration into society. Juvenile Justice Act of 2000[4] was introduced to further improve the system by establishing Juvenile Justice Boards and focusing on the care and protection of vulnerable children as well as offenders. Children should be treated differently from adults due to their capacity for reform and rehabilitation as the law has come to acknowledge. A 2015 amendment to the Juvenile Justice (Care and Protection of Children) Act permitted minors 16 years of age and older to stand trial as adults for serious crimes. In terms of the juvenile justice system this was a significant change. This shift away from the previous emphasis on rehabilitation in specific situations and toward a more punitive approach was sparked by public outrage over incidents like the 2012 Delhi gang rape. As a result the
Indian juvenile justice system has fluctuated between a more punitive and a rehabilitative model driven by public demands for justice and shifting societal views on juvenile crime. While rehabilitation was given priority in early reforms more recent amendments have increased the severity of penalties for some serious crimes committed by minors. An illustration of the constant balancing act between addressing public concerns about crime and justice and preserving the protection and rehabilitation of young offenders is this evolution.
Rehabilitation
The notion that targeted interventions rather than punitive ones can change young offenders is the cornerstone of rehabilitation in the juvenile justice system. The premise behind this approach is that given their age and developmental stage young people have a lot of potential for change. In order to reintegrate young people into society as contributing members rehabilitation aims to address the root causes of delinquent behavior such as family issues socioeconomic factors or psychological trauma. As part of the rehabilitative approach programs are created especially to address the needs of juvenile offenders. Counseling is a common component of these programs helping young people deal with emotional and behavioral issues that may have contributed to their criminal activity. Psychological therapy and group counseling aim to increase self-awareness empathy and emotional regulation. In addition to imparting academic skills education is crucial because it provides young people with a sense of normalcy and hope for the future. Because many juvenile facilities offer schooling programs offenders can continue their education while they are in custody. Vocational training which equips young people with practical skills that will help them find employment after their release is another crucial component of rehabilitation. Learning trades like carpentry plumbing or computer skills can help kids feel more independent and valuable which will reduce their likelihood of committing crimes again. In order to address dysfunctional home environments that encourage criminal activity parenting classes and strengthened family bonds are essential components of rehabilitation.Research has shown that rehabilitation initiatives are effective in reducing the recidivism rates of young offenders. Research indicates that when juveniles receive the right combination of education counseling and vocational training their chances of re offending significantly decrease. According to a 2018[5] study by the Office of Juvenile Justice and Delinquency Prevention recidivism rates were lower for youth who participated in rehabilitation programs than for those who received punitive measures without help. In a 2020 study the National Institute of Justice[6] also discovered that teens who received family-based interventions were less likely to commit crimes again and had a higher success rate upon reintegrating into society. According to research rehabilitation addresses the root causes of juvenile crime and equips young offenders with the skills they need to create better futures which lowers recidivism and encourages reintegration.
Accountability
The primary objective of the juvenile justice systems accountability philosophy is to strike a balance between the necessity of rehabilitation and the requirement to hold young people responsible for their actions. Social protection punishment and deterrence are highly valued[7]. In addition to ensuring that kids are held responsible for their crimes accountability aims to stop criminal activity in the future by addressing the underlying causes of the behavior. The ultimate objective is to protect society while assisting the young person in reintegrating into society as a responsible member. By temporarily removing young people from society detention and other punitive measures are commonly used to hold them accountable and prevent further harm. However juvenile detention has become contentious due to questions about its effectiveness in rehabilitation. Alternatives such as community service and restorative justice initiatives which foster a sense of accountability without the detrimental effects of incarceration allow young people to atone for their transgressions. . Aside from encouraging accountability less severe options like house arrest and probation also allow youth to complete their education and remain in their communities. Particularly when it comes to the transfer of juveniles to adult courts the growing use of punitive measures in recent years has sparked worries about over punishment[8].There are ethical issues with prosecuting children as adults for violent crimes or other serious offenses. Because rehabilitation is given less weight in the adult criminal justice system juveniles who are tried as adults frequently face harsher penalties. This approach has come under fire for failing to consider childrens developmental stage and capacity for change given that their brain development and decision-making skills differ from those of adults. In conclusion the necessity of rehabilitation and an awareness of the developmental stages of young people must be carefully balanced with the significance of accountability in the juvenile justice system. Overpunishing children and sending them to adult courts can sabotage reform opportunities and create moral conundrums in the fight for justice.
Balance Between The Two
In the juvenile justice system finding a balance between rehabilitation and accountability is challenging. On the one hand the rehabilitative approach admits that young people can be reintegrated into society as law-abiding citizens due to their developmental stage and emphasizes the possibility of reform.Repercussions like punishment and deterrence are necessary to safeguard society and guarantee that youth are held accountable for their deeds. One topic that is often debated is whether juvenile rehabilitation should be followed by the use of punitive measures to deter crime. In an attempt to achieve equilibrium contemporary legal systems employ strategies such as diversionary programs and restorative justice. Counseling education and community service are examples of diversionary programs that provide alternatives to traditional court procedures. Focusing on accountability restorative justice involves victims offenders and the community in the resolution process thereby promoting the rehabilitation of offenders. In India sentencing reforms such as the Juvenile Justice (Care and Protection of Children) Act 2015 allow for a combination of punishment and rehabilitation depending on the particulars of the offense.
Examples of juvenile justice systems that have attempted to balance both elements include Norway’s approach, which integrates rehabilitation with community-based sanctions, and New Zealand’s[9] use of family group conferences, which blend accountability with restorative practices. These programs emphasize reintegration recidivism reduction and providing young people with reform opportunities. But problems still exist especially when minors commit serious crimes. An excessive focus on punishment can hurt the juveniles chances of reform while an over-reliance on rehabilitation may not adequately protect society according to critics.
Conclusion
In conclusion, India like many other juvenile justice systems worldwide has difficulty striking a balance between rehabilitation and accountability. The rehabilitative approach emphasizes the importance of transforming young offenders by tackling root causes such as trauma dysfunctional families and insufficient education. By contrast, the accountability model emphasizes how important it is to punish misconduct severely in order to protect society and discourage similar acts in the future. Sentencing reforms that provide alternatives to incarceration and encourage reintegration diversionary education and restorative justice practices are examples of current initiatives that seek to achieve this balance. But there are problems with the system especially now that punitive measures like sending minors to adult courts are being used more frequently. Expanding rehabilitation programs that emphasize education counseling and job training is necessary to enhance the juvenile justice system. Laws must be amended to ensure that punitive measures especially for minors are not excessively harsh in order to further support the systems rehabilitation goals. Promoting restorative justice can also aid in fostering an atmosphere where rehabilitation takes precedence over punishment. A fair and caring juvenile justice system that recognizes each young persons capacity for change should be the constant focus of current and future reforms. By maintaining this equilibrium India can create a system that both protects society and gives young offenders the chance to make positive changes and successfully reintegrate back into society.[10]
Reference(s):
[1] The Juvenile Justice Care and Protection of Children Act, 2015
[2] Juvenile Justice Act, 2015, Section 3
[3] United Nations Convention on the Rights of the Child, 1989, Article 40
[4] Juvenile Justice (Care and Protection of Children) Act, 2000.
[5] Office of Juvenile Justice and Delinquency Prevention (2018). “Recidivism of Juvenile Offenders.
[6] National Institute of Justice (2020). “The Impact of Family-Based Interventions on Juvenile Recidivism.”
[7] Feld, B. C. (2013). Juvenile Justice Administration and Practice. Pearson.
[8] Steinberg, L., & Scott, E. S. (2003). “Less Guilty by Reason of Adolescence: Developmental Immaturity, Diminished Responsibility, and the Juvenile Death Penalty.” American Psychologist, 58(12), 1009-1018.
[9] Bazemore, G., & Umbreit, M. (1995). “A Comparison of Four Juvenile Justice Systems: United States, Australia, New Zealand, and Canada.” International Journal of Comparative and Applied Criminal Justice, 19(1), 1-20
