Rehabilitation in the juvenile justice system

Submitted To- Prof. Ram Niwas

Submitted By- Subhal Pratap Singh

Program- B.A.LLB, 5th Year, DIV B

URN- 2018-B-16011998

INTRODUCTION

There are four theories related to punishment: A theory with a humanistic approach is the
rehabilitation theory. This idea is based on the idea that a worrying factor is the cause of a person's
criminal behavior. These include their social environment, psychological development, and
biological factors. Knowing a person's upbringing helps determine how they relate to the law. This
is significant as it helps in understanding their behaviors and determining whether any criminal
activity arose out of their free will. The logic is that nothing can be changed if a person commits a
crime of his own free will. This school of thought holds that, rather than imprisoning someone for
the good of society, the main purpose of imprisonment is to educate and change the criminal. In the
long run, this strategy is more practical because it will not leave many psychological and social
scars and instead works to make them better people who are not inclined to commit crimes. By
reformatting, you remove intent entirely, according to the theory that crime occurs when a person
has an internal conflict with the intent to commit a crime.

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This school of thought also believes that criminal behavior is a disease that can be treated. "To
promote rehabilitation and secure social justice without offending the conscience of the community,
a reformative approach to punishment should be the objective of the criminal law," the Supreme
Court said in the case of Narotam Singh v. State of Punjab.

JUVENILE

A person who is below the age of majority is known as a minor. A juvenile will only be apprehended
and not arrested if he is found to be committing an illegal or criminal offence. In the eyes of the law,
minors between the ages of 16 and 18 are considered majors and will be tried as adults for the heinous
crimes they commit. In the past, sentencing did not differentiate between adults and juveniles.
Usually, a person will be tried in a criminal court according to the hierarchy of courts, while a
juvenile who has been apprehended will appear before a juvenile justice board, presided over by a
magistrate and consisting of two social workers. While the social worker is present to ensure that
the child receives proper care, the magistrate is in charge of the legal aspect.
According to the Convention on the Rights of the Child, any juvenile who breaks the law will have
certain rights, which are as follows:

• They will be treated with respect.

• They shall not be physically punished.
• Segregation from adult offenders while in detention.
• They can get legal help.
• They will be granted bail and released on recognizance.
• Their privacy will be protected to the maximum extent.
• A strategy to remove an offender from the criminal justice system known as diversion.
• A judgment that is proportionate
• Their punishment will be automatic
• Constitutional right.
• The Juvenile Justice Board will approve probation.
• Right against discrimination.
• Proceedings will be kept confidential.

Social organizations and childcare facilities collaborate to provide rehabilitation solutions for the
adolescent so that the child can be reintegrated into society. To ensure this, the Ministry of Women
and Child Development has established a standard operating procedure. The juvenile will be
monitored by a social worker to ensure his reintegration into society and conduct additional thorough
investigations.

Rehabilitation helps juveniles overcome potential delinquent tendencies. Below are some of the
social factors that can contribute to this:

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 1. Poverty
2. Movies
3. Indulgence in sex
4. Uncontrollable impulse
5. Instability during adolescence
6. 7. Academic failure
7. Impact on associations
8. In Unpleasant environments the individual will receive much-needed directionthey
require through rehabilitation.

CLAIM OF JUVENILITY

A claim that the accused was a minor on the date of commission is known as a juvenile. This was
concluded by the Adolescent Equity Board. This claim can be made at any stage and in any court.
According to Section 9 of the Act, the Supreme Court in Kuali Ibrahim Vs. The State of Coimbatore
case ruled that a juvenile can be claimed even after the case is settled. Devaki Nandan Dayma Vs. In
the case of the State of Uttar Pradesh, it was held that the date of birth recorded in a registered school
can be used as evidence to estimate the age of a juvenile. The Supreme Court reaffirmed this position
in the case of Sabir Singh v. State of Haryana. Krishna Bhagwan Vs. In the State of Bihar case, the
court held that the date of offense would be taken into account while determining the age of a person.
However, in Arnit Das Vs. This decision was immediately overruled in the State of Bihar case, which
held that the date of the offense would be taken into account when the juvenile was brought before
the competent authority.

MEASURES WERE UNDERTAKEN FOR REHABILITATION

The juvenile's rehabilitation efforts are specified in § 18 of the Juvenile Justice Act. A large network
of different professionals must work together to facilitate the rehabilitation process to meet the
requirements outlined in the previous section. They need a variety of care to reintegrate into society
and ensure regular rehabilitation. The United Nations has repeatedly emphasized the importance of
preventing juveniles from engaging in typical criminal activity. Basically, this means that society
and individuals will heal if restorative justice is used. Below are some of the actions taken:

Analysis of upbringing in the family and in society is the way in which the strategy of prevention
solves the basic problems of behavior. Awareness programs, child helpline services, youth clubs,
child protection meetings at district, village, and block levels, and research to find the root of all
problems are some of the activities that are carried out for the same purpose.

Diversion strategies keep juvenile offenders out of the criminal justice system and out of the loop.
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This includes using diversion as an alternative to detention by inviting the public to participate and
providing options, although this is only something that can be done when necessary. Detailed
guidance on non-custodial measures is provided by the Tokyo Rules or the UN Standard Minimum
Rules.

Intervention methods are activities that specifically investigate the underlying cause of such
behavior. It works to improve people's social and physical well-being in order to stop juvenile crime.
There are three different types of this. Primary intervention typically includes early childhood care,
health services, educational services, and child-centered activities. Family therapy, follow-up groups,
family drug abuse prevention programs and educational centers for them, foster families, and social
interventions are part of the secondary intervention. Care and guidance, temporary housing, social
therapy programs, reparation and restitution, counseling, participation in life skills courses,
professional training, and seminars on topics such as anger management and conflict skills are
tertiary interventions. To meet the needs of children and resolve potential conflicts with the law, the
program has various components.

Yoga, meditation, personality development, counseling, vocational training, computer training,

short-term courses, art and craft therapy, cultural gatherings, dance, animal farming, sports,
recreation like television and indoor games, and other activities are some of the activities things done
during this time. At the end of this process, the juvenile is given an individual care plan as required
by Section 39. It addresses their needs and is later screened to ensure that they do not re-offend or
get into difficult situations. The role of society in rehabilitation is essential because society's attitude
towards individuals should not change. In addition to mental and medical care, there are
rehabilitation centers and group foster homes.

Aftercare is the last step. The social worker will create a checklist to review the youth's educational
attainment and employability skills. "The provision of support, financial or otherwise, to persons
who have attained the age of eighteen but not attained the age of twenty-one and have left any
institutional care to reintegrate into the mainstream of society," says the Juvenile Justice Act, which
defines aftercare.

CONCLUSION

The legal system provides a comprehensive solution for juvenile rehabilitation. Corrective care is
complete and does not need to be corrected at this time. By differentiating the treatment of juvenile
offenders from adult offenders, India has taken a very sensible approach. Reformative theory is
great for young people because it helps shape their minds before they reach a certain level of
understanding and maturity. Reintegration into society is a major challenge for prisoners. This
issue has been completely eradicated by the juvenile justice system. The author suggests that a
comprehensive database be kept so that individuals can be monitored regularly as part of aftercare.

The Indian criminal justice system should gradually integrate adult offenders and adapt its
approach to meet their needs to observe the effects of the reformatory principle and hopefully
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become a standard practice in India. This is due to the success of the juvenile system in reform.

REFERENCES

What are the five main types of criminal penalties

 Tanu Priya, "Reformative Theory of Punishment", Academy Mike, 7 October 2021,
State of Punjab v.
 Narotam Singh, AIR 1978 SC 1542 4 AIR 2014 SC 2726 5.
 Kuali Ibrahim v. State of Coimbatore State of Uttar Pradesh v.
 Deoki Nandan Dayma, 1997 SCC 525 6.
 State of Haryana v. Sabtir Singh, AIR 2005 SC 3549 7,
 AIR 1989 8: Krishna Bhagwan v. State of Bihar
 State of Bihar v. Arnit Das, AIR 2000 SC 748

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