ABSTRACT
This composition evaluates the effectiveness of rehabilitation programs versus punishments in the realm of juvenile justice reform in India. The youthful populace in each country is an essential resource. The 2015 Juvenile Justice (Care and Protection) Act is a legislation that prioritizes the welfare of children, with the goal of helping them recover and effectively rejoin the community. The Indian juvenile justice system has seen significant changes recently, underscoring the crucial role of rehabilitation programs in addressing the root causes of juvenile delinquency and reducing recidivism rates. Assessing the juvenile justice reforms’ effectiveness in rehabilitation versus punishment is a complicated and diverse task. The main goal of the justice system is to guide young people away from crime by identifying the root cause and offering them adequate support and guidance. The Hon’ble apex court in the matter of Narotam Singh v. State of Punjab held that criminal law should focus on a reformative approach to punishment to ensure rehabilitation, uphold humanitarian ethics, and achieve social justice. Nevertheless, others argue that punishment should be swift following the offense in order to generate a distinct impact, and should consistently function as a means of safeguarding society. Despite that, rehabilitation methods have been proven to decrease rates of reoffending.
KEYWORDS
Juvenile justice, Rehabilitation, Effectiveness, Recidivism, Youth offenders, Rehabilitation programs, Reintegration, Juvenile justice reforms, Cognitive-behavioral therapy.
INTRODUCTION
On December 22, 2015, the Juvenile Justice (Care and Protection of Children) Act, 2015 was approved by parliament, introducing a new system for dealing with juveniles aged sixteen and above who are charged with serious crimes. The introduction was prompted by the tragic rape of a young student in 2012, commonly referred to as the Nirbhaya case (Mukesh & Anr v. State for NCT of Delhi & Ors), which established the context. In reality, the juvenile justice system used to be centered on punishment and confinement, but recently there has been a move towards a more rehabilitative method. In the recent Pune Porsche Crash, a minor was given bail and required to see a psychologist for treatment as an example. The handling of young offenders has always been a subject of discussion in the criminal justice system. Yet, it is increasingly acknowledged that the cognitive and emotional development of young individuals is not fully done, which makes them more open to rehabilitation and the chance for positive transformation. This shift in the juvenile justice system prompts important inquiries on whether rehabilitation or punishment is more successful in meeting the needs of young offenders and maintaining the safety and welfare of society overall. The Constitution of India recognizes and offers special provisions to children through Articles 15(3), 24, 39(e), 39(f), and 45. Additionally, to create a successful juvenile justice system, it is crucial for every part of the system to fully understand its goals and work together towards achieving them.
RESEARCH METHODOLOGY
This paper is descriptive in nature and relies on secondary sources such as books, journals, and websites for research purposes.
LITERATURE REVIEW
This literature review examines the different strategies used in juvenile justice for young offenders, their development, and how they affect rehabilitation and punishment.
The juvenile justice system in India has experienced considerable modifications throughout its evolution. The implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 marks a significant change towards a focus on rehabilitation instead of punishment. Furthermore, the law itself acknowledges the significance of rehabilitation programs in tackling the underlying reasons for criminal behavior and encouraging favorable results for juvenile offenders.
The rise in criminal activities among juvenile delinquents highlights the necessity for enhanced research, standardized evaluation tools, and increased resources for rehabilitation programs to be effective. Despite the expanding research on rehabilitation programs in India, there are still various gaps and limitations present. They stressed the importance of investing more in infrastructure, training staff, and providing support services to improve the effectiveness of rehabilitation projects.
NATIONAL HUMAN RIGHTS COMMISSION AND YOUTH JUSTICE SYSTEM
The NHRC is an independent body created to promote and protect Human Rights in India. Since its establishment, the National Human Rights Commission has been addressing the issues faced by young adults in legal trouble and children in need of care and protection. The NHRC is fully accountable for the examination of grievances concerning teenagers, managing the projects and programs department, and creating and executing policies on a national scale. It also includes assessing and suggesting the efficient use of resources necessary for the overall progress and operation of the juvenile justice system.
PROVISIONS OUTLINED IN CONSTITUTION
After gaining independence, the constitutional provisions have promoted growth in diverse areas, including the juvenile justice system. Sections III & IV of the Indian Constitution cover the “Fundamental Rights” and “Directive Principles of State Policy” and include specific measures to protect and support children.
Article 15 (3): permits the government to implement specific arrangements for the children and women within the nation.
Article 21-A: mandates that the government must offer free and mandatory schooling to children aged six to fourteen.
Article 23: Forbids the trade of human beings and compulsory work.
Article 24: Bans the hiring of individuals under the age of fourteen in factories, mines, and other dangerous jobs.
Article 39 (e): mandates that the State provide opportunities and support for the proper growth of children and safeguard them from exploitation and neglect.
Article 39 (f): requires the state to provide opportunities and resources for the proper growth of children and to safeguard them from exploitation, as well as from neglect in moral and material terms during childhood and adolescence.
Article 45: The State offers early childhood care and education for children under the age of six years.
Article 47: State’s responsibility is to enhance nutrition, living standards, and health.
JUVENILE JUSTICE SYSTEM
The 2015 Juvenile Justice (Care and Protection of Children) Act is the main law that controls the juvenile justice system in India. In the realm of criminal law, the Juvenile Justice System aims to fulfill the needs of young individuals who are not yet mature enough to be fully responsible for their unlawful actions. The focus is on the wellbeing and recovery of children, whether they are involved in a conflict.
CAUSES OF JUVENILE DELINQUENCY
Juvenile delinquency can be caused by factors like a child’s mental health, peer influence, and family background, etc.
Listed below are several common factors that may contribute to youth delinquency:
- Social Factor
- Family Background: It plays an important role in the upbringing of the child if his/her upbringing is indigent or there are issues as parental neglect, physical or mental abuse within the family, it can negatively affect the child’s psychological well-being and as a result, influence him to stimulate criminal behavior.
- Socioeconomic Status: If the child grew up in poverty or in a disadvantaged neighborhood where there is a lack of opportunities and the crime rate is higher, exposure to crime can increase the likelihood of delinquency.
- Psychological factors: It involve the mental health issues of a child.
- Peer Influence: Association with criminals or involvement in underground gangs can foster a criminal mindset or behavior.
- Other social factors include poor academic performance or school dropout, access to substance abuse, social media influence, video games and movies, etc.
JUVENILE JUSTICE SYSTEM: FOCUS ON REHABILITATION RATHER THAN PUNISHMENT
THE CONCEPT OF “REHABILITATION”
Rehabilitation is a thorough procedure that concentrates on dealing with the root causes of criminal behavior in young offenders. Rehabilitative measures for adolescents are required by Section 18 of the Juvenile Justice Act. Rehabilitation is viewed as a punishment theory with a focus on humanist principles. The primary focus of the rehabilitation-centric approach of the Juvenile Justice System is based on the belief that juvenile offenders are more capable of reforming themselves than adult offenders. In order to guarantee rehabilitation, regular monitoring will be conducted, and they need different types of care for successful reintegration. The primary goal of the justice system is to steer young offenders away from a life of crime by dealing with the root causes and offering them appropriate support and therapy. Studies show that effectively executed rehabilitation programs can greatly lower reoffending rates in juvenile delinquents. In the case of Narotam Singh v. State of Punjab, the Hon’ble apex court emphasized that criminal law should focus on a reformative approach to punishment to support rehabilitation and uphold social justice while respecting humanitarian ethics.
THE CONCEPT OF “PUNISHMENT”
Punishment is the typical approach to administering justice within the criminal justice system. Punishment, as a strategy, focuses on responsibility and consequences. The Indian Penal Code (IPC) has various consequences for serious crimes, including incarceration, financial penalties, and, in some instances, the death penalty. It includes punishments like prison sentences, monetary penalties, community service, or probation. The idea is that people who fear punishment are unlikely to commit crimes, whereas those who are still committing offenses must be prepared to face a significant cost for their actions. Although punishment can deliver a feeling of fairness and prevention, it frequently fails to tackle the underlying reasons for delinquency and may not make a substantial impact on the reformation and inclusion of young offenders within the justice system.
EVALUATION OF REHABILITATION VS. PUNISHMENT
(Comparison of Penalty or Retribution for Wrongdoing or Breaking Rules)
Assessing rehabilitation versus punishment in the criminal justice system is a complicated and frequently disputed topic. Rehabilitation may be more successful for minor offenses like non-violent drug use, while punishment may be required for violent and dangerous criminals in order to safeguard the community. This includes evaluating the effectiveness, ethical implications, and societal effects of these alternative strategies for addressing offenders. Rehabilitation assists offenders in addressing the underlying causes of their criminal behavior through various means such as education, job readiness programs, mental health treatment, and services like conflict resolution and leisure activities. Furthermore, Punishment ensures that offenders take responsibility for their actions and put an end to unlawful behavior. Rehabilitation can also aid in fostering social values in offenders, helping them become accountable members of society. Nevertheless, others argue that immediate punishment following a crime is necessary to achieve a different outcome, and that it must consistently act as a form of societal protection. Despite this, rehabilitation strategies have been proven to lower rates of repeat offenses.
JUDICIAL PERSPECTIVE ON JUVENILE OFFENDERS
Case Law Outlook:
As per the provisions of the Juvenile Justice (Care and Protection) Act, 2015, the legal age for criminal offenses has been lowered from 18 years to 16 years for serious crimes. Section 2 (33) of the Act characterizes “heinous offenses” as those that involve crimes for which the minimum punishment is imprisonment for seven years or longer under the Indian Penal Code or any other current law, unless the punishment is less than seven years (Shilpa Mittal Vs. State of NCT of Delhi 2020).
The Supreme Court ruled that juveniles should not be grouped together but assessed individually based on factors such as mentality, maturity, IQ, life experience, prior history, and moral responsibility feelings. In the case of Roper Vs. Simmons (2005) gives equal importance to the idea of providing specialized care for young people.
The legal matter involving State of Maharashtra against Vijay Mohan Jadhav & Ors. The case known as the Shakti Mills rape case in 2021 involved a minor accused of participating in a horrendous rape. One of the accused rapists in the case was a teenager. In this instance, one of the primary offenders was a minor who received a three-year sentence in a juvenile detention center, while the adult wrongdoers were given the death penalty. The primary concern in this situation is whether the current punishment is enough to rehabilitate a juvenile offender?
In case of Sheela Bars eVs. Union of India (1986 3 SCC 596). The Supreme Court has criticized and advised against incarcerating children under the age of 16, citing the harmful impact the jail environment can have on a child’s mental well-being, leading to their alienation from society.
In the matter of Harkit Singh alias Kirat vs. State of Haryana 2008 the Supreme Court stated that section 12 of the Juvenile Justice Act mandates bail for juveniles with only a few exceptions. In the case of Praglad Gaur vs. State of Uttar Pradesh in 2009, it was also noted that refusing bail to a juvenile based on one occasion of them being in the company of a known criminal would not meet the criteria for the term “Association” as defined in section 12 of the JJ Act.
In the case of Sanjay Suri & Ors Vs. Delhi Administration, It was noted that sending juveniles to jail would undermine the goal of shielding them from the negative impact of prison life. The child should be placed in a different section and not mix with adult inmates as this could lead to negative influence, hindering their rehabilitation process.
In case of Ramden Chauhan Vs. State of Assam it was established that if a juvenile brought before a magistrate or court for an offense is found to be under 16 years old, they must be referred to Juvenile Courts if available in the state. If not, the case will be referred to the Chief Judicial Magistrate for handling according to the law.
PREVENTIVE MEASURES THAT CAN BE TAKEN TO CURB JUVENILE DELINQUENCY
Various strategies such as programs, education, and community engagement can be used to prevent juvenile delinquency.
- Bullying Prevention Program: Research indicates that this program has the potential to decrease bullying and associated antisocial behavior by 25-50%.
- Community Involvement: Local communities can have a significant impact in deterring youth crime by altering local conditions to support youth in becoming successful members of society.
- Parental Guidance: It is essential for parents to be attentive to their children’s needs and to spend time with them in order to offer guidance whenever their child is engaged in any form of misconduct or wrongdoing.
- Drug Treatment Programs: Research indicates that drug treatment programs are effective in decreasing drug use and criminal behavior in adults and youth.
- Training and Education Programs: Training and education programs assist youth in readjusting to society post-release from juvenile delinquency facilities.
- Proper Implementation of Juvenile Law: Effective implementation of juvenile laws is essential to guarantee juvenile justice.
- Increase Awareness Regarding Child Laws: a lack of knowledge about laws concerning children and rehabilitation has led to a rise in youth crime rates, leading people to refrain from reporting crimes committed by juveniles.
- Social Guidance and Counseling: Research indicates that social guidance and counseling are more effective than punishment in reducing delinquency.
CONCLUSION
The younger generation of every nation is a significant asset. Every government emphasizes the growth, development, and wellbeing of young people, which is the main priority. The Juvenile Justice (Care and Protection) Act, 2015, is a law that focuses on the well-being of children, aiming to help them change their ways and successfully join society again. Assessing the juvenile justice reforms involving rehabilitation versus punishment’s effectiveness is a complicated and diverse task. Each situation reveals a potential imperfection within the law, and the court offers remedies for it. The mentioned instances have influenced the juvenile justice system by highlighting the current loophole for the improvement and well-being of these children. The consideration of rehabilitation versus punishment in the criminal justice system is a complicated and frequently disputed topic. Rehabilitation may be more successful for minor offenses like non-violent drug offenses, while punishment may be needed for violent and dangerous criminals in order to safeguard the community. The Supreme Court has been provided with different guidelines and instructions over time related to any issues or guidelines that are brought before it, such as determining the juvenility or age of children, or implementing measures during the pandemic. The courts have successfully addressed all scenarios while maintaining the purpose and goal of the support.
~Submitted by:-
Leevanshiqa
3rd year B.A.LL.B (Hons) Student,
Kalinga University, Raipur