An Approach Towards Reformation and Rehabilitation of Juveniles in Conflict with Law in India

Posted: 2 Apr 2020

Date Written: April 10, 2019

Abstract

Juveniles in conflict with the law are the unfortunate lot who due to one reason or more failed to adjust with the social mainstream and adopted a lifestyle which made them deviants, and they ended up as offenders. Had they received proper attention from their families and their social environment, they could have joined their more fortunate peers in the social mainstream for a purposeful, constructive and fulfilling life. Running away from home, indulging in vagrancy, truancy and petty offences are some of the deviant behaviours the child exhibits in the absence of a healthy parental control. He is at high risk and becomes an easy target for the habitual criminals who are always on the lookout of such vulnerable adolescents in India, though there were a number of laws in the ancient and medieval society for managing law and order in the country, yet there was no separate law for the juveniles who entered crime in those days. A country governed by a synthesis of cultures, religion and language of different people from various castes and communities have one thing in common, the strong family ties and the social bond developed in the vicinity where he grew. With the speedy growth and India entering the global market the society moved into a phase of transition. The joint family system disintegrated and the present nucleus family is unable to hold a moral and a social control over the young adult. The social obligation towards the child became more of the state than of the community and the family India has introduced, since 1920s, numerous acts each dealing with a different issue of how juveniles should be treated. Significant amendments have been introduced in Juvenile Justice Act (JJA) of 1986 and of 2000 where specific mention has been made of care, protection, treatment, development and rehabilitation of neglected and delinquent juveniles significant change came with further amendments and the JJ Act 2000 was replaced by Juvenile Justice Act 2015 The JJ Act, 2015 provides for strengthened provisions for both children in need of care and protection and children in conflict with law. Some of the key provisions include: change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the Act to remove the negative connotation associated with the word “juvenile”; inclusion of several new definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children; clarity in powers, function and responsibilities of Juvenile Justice Board (JJB) and Child Welfare Committee.

The focus is on providing skill based programs to the children while they are in the correctional institutions and thereby enabling them to build their own support system by pursuing their studies and earning their livelihood. Importance is given to non-institutional programs and community based treatment which helps in the reintegration of the juvenile or the child back to his family and the society. The present article is a bass of a research on the children residing in the correctional institutions in the country and the approach made in training them and helping them to readjust in their families.

Keywords: juvenile, conflict with law, rehabilitation, reformation, JJAct 2000

Suggested Citation

Sanyal, Shubhra, An Approach Towards Reformation and Rehabilitation of Juveniles in Conflict with Law in India (April 10, 2019). Available at SSRN: https://ssrn.com/abstract=3550761

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