INTRODUCTION
Juvenile children under 18 years old suspected or accused of committing crimes or illegal activities are not eligible for arrest by police officers. They must be produced before the Juvenile Justice Board, chaired by a Magistrate and two social workers, to ensure proper care and treatment. The child in conflict with the law has rights based on the Child Rights Convention, including humane treatment, no corporal punishment, access to legal assistance, bail, and release on recognizance. They also have the right to privacy, diversion, education, skill development, sports, proportionate judgment, and minimum restrictions on liberty, automatic suspension of sentence, probation on merit, confidentiality of proceedings, right against discrimination, and constitutional rights.
After detention, the child may be released from probation, but great care is required to reintegrate them back into society. Childcare institutions and social welfare organizations work with government agencies to find constructive solutions for juvenile rehabilitation. The Ministry of Women and Child Development sets Standard Operating Procedures (SOP) for rehabilitation, and social workers and probation or parole officers follow up periodically to ensure the child’s well-integration into society.
REHABILITATION & FOR JUVENILES
Punishment aims to make convicts understand the severity of their crime and regret their actions. After completing their sentence, they must be prepared to return to society, with the general public often viewed suspiciously. Special programs were framed for sexual offenders, women parolees, and children in conflict with the law. However, their importance declined as the twentieth century progressed.
Juveniles held accountable for their violations are held in correctional facilities for public safety. The primary goal is to rehabilitate them through psychological assessment, therapeutic guidance, skill development, and mind-building activities. Government financial constraints often prevent rehabilitation, but social workers and non-profit organizations have created cost-effective multi-modal rehab programs for juveniles.
THE JUVENILE JUSTICE ACT
The Juvenile Justice Act provides for rehabilitation of juveniles after they are transferred to care homes or correctional facilities. Social recognition of children in conflict with the law can be done through aftercare care organisations, which provide vocational training, therapeutic training, continuing education, social values, economic ability to support themselves, and physical and mental fitness activities.
Sponsorship is financial help given to child care organizations, foster families, individuals, or groups to meet the expenses of juvenile rehabilitation programs. It may be a government aid, a non-governmental organization (NGO), or individuals. Foster care is a non-institutional care provided for juveniles, where the child may be placed with a foster family environment or parental care, which cannot be possible in normal institutional rehabilitation.
Adoption benefits orphans, homeless children, destitute youngsters, and childless couples, making life meaningful for lone single adults as they gain a parent-child relationship. Section 2(2) of the Juvenile Justice Act of 2015 states that adoption is the process through which the adopted child is permanently separated from their biological parents and becomes the lawful child of their adoptive parents with all the rights, privileges, and responsibilities attached to a biological child.
STEPS BY LEGAL SYSTEM TO ASSIST IN THE REHABILITATION OF JUVENILE OFFENDERS
The Juvenile Justice Board is responsible for handling cases involving children in conflict with the law, ensuring their welfare and rehabilitating them back into society. The board consists of two social workers, one of whom is a woman, and is responsible for submitting the First Information Report (FIR) or charge sheet to the police after apprehension. A report on the juvenile’s social background, circumstances of apprehension, and the alleged crime must also be submitted.
The Juvenile Justice Board conducts an inquiry into the juvenile charged with an offense, determining their age based on documentary evidence such as birth certificates, matriculation certificates, or medical board examinations. The inquiry is concluded as soon as possible, and the presence of the juvenile during the inquiry may be dispensed by the Board if deemed fit.
Post-trial processes involve removing case records to prevent disqualification to the juvenile in the conflict of law. Rehabilitation and social reintegration begin during their stay in a children’s home or special home, as per section 40 of the Act. Government-authorized after-care organizations conduct various programs to help the juveniles have an honest, industrious, and useful life after leaving the juvenile homes.
