Principles of Rehabilitation And Reformation Under The Juvenile Justice System

Juvenile Substance Abuse Series: Principles of Rehabilitation and Reformation under Juvenile Justice System in India

This article is part of the Juvenile Substance Abuse Series under SDG -3, which focuses on good health. In particular, the scope of this series is focused on target 3.5. SDG Target 3.5 is “Substance abuse: Strengthen the prevention and treatment of substance abuse, including narcotic drug abuse and harmful use of alcohol.” Juvenile Justice System in India primarily focuses on three principles, namely, Rehabilitation: the affected party ought not to be rebuffed by the courts, but instead they ought to get an opportunity to change; Restoration: the affected party ought not to be tried in courts, rather they ought to be redressed in other ideal ways; Punitive: Trial for juvenile in conflict with law ought to be founded on non-corrective treatment through the networks in light of the social control offices, e.g., Observation Homes and Special Homes. This article discusses the inclusion and implementation of principles of Rehabilitation and Restoration in the Juvenile Justice System in the legal provisions of the Indian Code relating to juveniles. In particular, the article highlights how rehabilitation and restoration have been encouraged and supported in the Indian Juvenile System.

Rehabilitation

According to “Child in conflict with law,” enshrined in Section 2(13) of Juvenile Justice Act (Care and Protection of Children) Act, 2015 (hereinafter referred to as “Act of 2015”) - a Juvenile will not be tried as an adult and sent to a Child Care Centre or any Rehabilitation Centre (till the wrongdoer attains the age of 21 years and afterward they may be moved to the correctional facility or jail). Part IV of the Act of 2015 focuses on Rehabilitation through different Child-Care Home and Institutions. For instance, the Society for Promotion of Youth and Masses (hereinafter referred to as “SPYM”), a facility in New Delhi, India, has been conferred with the duty of those adolescents and kids who are addicts of various medication abuse and have trials committing offences related to the dependence or for the acquisition of different medications. The institution needs to build up a programme for such adolescents, alluded to by the Juvenile Justice Board (hereinafter referred to as “JJB”) that can effectively anticipate Withdrawal, Relapse, and Suicidal propensities in them.

Reformation

The principle of Reformation, as enshrined under the Act of 2015, incorporates sending adolescents to Rehabilitation Centres, Juvenile Schools; or encouraging them to be included in different programmes headed by the government or NGOs. The Act of 2015 also has Special Procedure against the adolescent being the guilty party, as enunciated later. The procedures cannot be started merely by a complaint enlisted by the police or native. The hearing must be informal and ought to be entirely confidential. The guilty parties ought to be held under Observation Home after confinement. A woman Magistrate will lead the trial of adolescents in conflict with the law. A juvenile in conflict with law might be tried before a member of the JJB when the JJB is not sitting.

Legal Aid is also available for Trial for ‘Child in Conflict with Law’. After the case of Sampurna Behrua v Union of India, the National Legal Services Authority (hereinafter referred to as “NALSA”) has issued definite rules for running Legal Aid Centre in JJBs. The second part of the said rules relates to preparing Special Juvenile Police Units. These rules were published on 09.12.2011 in compliance with the Supreme Court order dated 12.10.2011, by which Supreme Court had directed National and State Legal administrations Authorities to prepare police about their part and obligations under Juvenile Justice Act.

The Principle of the Best Interest of the Child in Conflict with Law is highlighted under the Model Rules of 2007, which states, “The traditional objectives of criminal justice, retribution and repression, must give way  to rehabilitative and restorative objectives of juvenile justice.” Keeping alive the soul of this standard, the Act of 2015 accommodates proper instruction, including supplementary training. Exceptional and proper instruction for kids with special requirements. Further, for children between the age of 6 to 14 years, the arrangements of free and mandatory education will apply. Fundamental educational training is the foundation of Children’s Homes for doing such reformative administrations.

Legal Framework

While sanctioning Juvenile Justice System, different Constitutional Provisions were considered with the goal that concentration to be Reformative as opposed to Punitive, Right to free and mandatory basic training for all juveniles younger than six to fourteen years; Right to be shielded from any unsafe work younger than fourteen years old; Right to be shielded from being mishandled in any manner by an adult; Right to be protected from human trafficking and constrained fortified work framework; Right to be furnished with great sustenance and a legitimate way of life; Article 15(3) of the Constitution of India gives unique powers to the State to make any uncommon laws for the upliftment and the advancement of children and women.

By Prerna Deep