Introduction: Justice with Compassion
The Juvenile Justice (Care and Protection of Children) Act, 2015 is a reformative legislation that governs the legal treatment and rehabilitation of children in conflict with the law in India. The Act replaces punitive measures with corrective and welfare-based approaches, focusing on child-friendly procedures, individualized care, and social reintegration.
This essay explains how juveniles are treated during legal proceedings, the types of rehabilitation programs available under the Act, and how the law upholds their dignity and rights.
Who Is a Juvenile Under the Act?
A juvenile, or a Child in Conflict with Law (CCL), is defined as a person below 18 years who is accused or convicted of committing an offence. The law acknowledges that children have different emotional, mental, and moral development than adults and should not be subjected to the regular criminal justice system.
Principles Guiding Treatment and Rehabilitation
The Juvenile Justice Act is based on internationally accepted child protection principles such as:
- Best interest of the child
- Rehabilitation over retribution
- Presumption of innocence
- Non-stigmatizing procedures
- Right to participation and expression
- Family-based reintegration
These principles guide every decision related to a child’s apprehension, inquiry, care, and reintegration.
Treatment of Juveniles During Legal Proceedings
Apprehension and Initial Care
- Juveniles are not to be treated like adult criminals.
- Police must avoid using handcuffs, chains, or lockups.
- The child must be taken to the Juvenile Justice Board (JJB) within 24 hours.
- Parents or guardians are informed immediately.
- Juveniles are sent to an Observation Home, not jail.
Juvenile Justice Board (JJB)
The JJB is the primary authority to handle cases involving juvenile offenders. It includes a Judicial Magistrate and two social workers.
Functions of JJB:
- Conducts a child-friendly inquiry into the offence.
- Orders release, rehabilitation, or further care.
- Evaluates the need for preliminary assessment in heinous crimes for juveniles aged 16–18.
Preliminary Assessment for Heinous Crimes
For heinous offences, the JJB conducts an assessment of the child’s:
- Mental and physical capacity,
- Understanding of the consequences, and
- Circumstances of the offence.
Based on this, the case may be transferred to the Children’s Court for trial as an adult, but only after fulfilling all protective conditions.
Institutional Rehabilitation of Juveniles
The Act establishes a network of child-friendly institutions to provide care and rehabilitation:
Observation Homes
These homes are used for children during the pendency of inquiry. They provide:
- Safe and secure accommodation
- Medical care and counseling
- Recreational and educational activities
Special Homes
Used for juveniles who are found to have committed an offence and require institutional rehabilitation. These offer:
- Education (formal and non-formal)
- Vocational training
- Life-skills education
- Psychological support
Fit Facilities and Fit Persons
Juveniles may also be placed in the custody of fit individuals or organizations registered to provide care in a non-institutional setting.
Non-Institutional and Community-Based Rehabilitation
Individual Care Plans
Every juvenile is entitled to an individual care plan which includes:
- Family background
- Education level
- Skills and interests
- Physical and mental health
- Goals for social reintegration
Counseling and Therapy
Professional psychologists, counselors, and social workers assist in:
- Emotional healing
- Behavior correction
- De-addiction (if applicable)
- Conflict resolution
Vocational and Life Skills Training
Programs in tailoring, carpentry, computer skills, crafts, and other livelihood options are offered to prepare children for a productive life after reintegration.
Education and Bridge Courses
Special schools and tutors provide academic continuity, especially for children who dropped out due to legal cases or poverty.
Reintegration Into Family and Society
The Act promotes family-based rehabilitation by:
- Releasing children to their parents or guardians after inquiry.
- Providing financial support for reintegration.
- Encouraging community participation in reform efforts.
Aftercare Services for Young Adults
Aftercare is provided for juveniles who turn 18 but still require support. These include:
- Housing and food
- Higher education or employment support
- Counseling and peer support groups
Children can remain in aftercare homes up to the age of 21, and in some cases up to 23.
Judicial Support and Oversight
Courts play an essential role in ensuring proper treatment and rehabilitation:
- Monitoring institutions for compliance with standards.
- Hearing appeals or complaints related to mistreatment or violation of rights.
- Ensuring legal aid and psychological help during proceedings.
Important decisions like Sheela Barse v. Union of India and Dr. Subramanian Swamy v. Raju highlight the Supreme Court’s commitment to upholding juvenile dignity and justice.
International Standards Followed
The Act is aligned with:
- UN Convention on the Rights of the Child
- Beijing Rules (Standard Minimum Rules for the Administration of Juvenile Justice)
- Havana Guidelines (on juvenile institutional care)
This ensures that Indian law adheres to global best practices for child rights.
Memory Code Table: Juvenile Treatment & Rehabilitation
| Code | Keyword | Meaning |
|---|---|---|
| AF | Apprehension Friendly | No handcuff, quick JJB presentation |
| JJB | Juvenile Board | Inquiry authority with child-sensitive proceedings |
| PH | Preliminary Hearing | For 16–18 years in heinous crimes |
| OH | Observation Homes | Temporary custody during inquiry |
| SH | Special Homes | Rehabilitation center for convicted juveniles |
| CP | Care Plan | Individual plan for each child’s needs and reintegration |
| VT | Vocational Training | Skill development for self-reliance |
| AC | Aftercare | Post-18 support for education, job, housing |