Opinion: Why Reform And Rehabilitation Must Go Hand In Hand For Juvenile Justice

A juvenile is an individual who engages in criminal behaviour but has not attained the age that is legally considered an adult. In India, juveniles are referred to as Child in Conflict with Law (CCL), instead of accused. For several countries, a juvenile is a person who is below 18 years of age. However, in India, the Juvenile Justice (Care and Protection of Children) Act of 2015 allows juveniles between the ages of 16 and 18 who commit heinous crimes to be tried as adults. Hitherto, the Juvenile Justice (Care and Protection of Children) Act of 2000 notes that a juvenile is someone below the age of 18. 

The lowering of the juvenile age to between 16 and 18 in India is attributed to the infamous Nirbhaya rape case of 2012, in which one of the four perpetrators was a minor — 17 years old — and hence was not charged as an adult. A public outcry had ensued after the commission of the heinous crime, with a clamour for the perpetrator, who was slightly below 18 years of age, to be tried as an adult and not a juvenile, in a bid to make the perpetrator face harsher consequences for his actions. 

However, harsher punishments for juvenile crimes may not necessarily translate into a reduction of this crime category.

In India, cases of juvenile crimes are overseen by the juvenile justice boards (JJBs), which are tasked with preliminary inquiries into cases of juvenile crimes. The board is set up in each district within the country, and its duties include ascertaining if a person falls under the category “juvenile”, determining the mental capacity of a CCL vis-à-vis comprehending the gravity or consequences of his or her actions. 

The board is made up of a Chief Judicial Magistrate or Metropolitan Magistrate, with a minimum of three years' working experience, and two social workers — one of them must be a woman. The boards are not allowed by the Juvenile Justice (Care and Protection of Children) Act of 2015 to operate from the grounds of a court. The decision of the Board’s Magistrate is final.

Why Juveniles Must Be Kept Separately From Adult Offenders  

Even though people who are under 18 years of age, that is, juveniles, engage in various criminal behaviours, there is a need to address juveniles separately from adult offenders for several reasons.

Firstly, juveniles are not fully developed psychologically and neurologically. Research notes that the section of the brain that is linked with decision-making and understanding the consequences of such decisions, as well as impulse control, does not fully develop until around the mid-20s for juveniles. Hence, young people may engage in impulsive and risky behaviours and easily succumb to peer pressure, without being fully cognisant of the consequences of such behaviours. 

Secondly, due to the incomplete psychological and neurological development of juveniles, they are more amenable to rehabilitation because their personalities are still being constructed. This makes it easier to shape their behavioural patterns positively, without resorting to imprisonment, using various rehabilitation measures, such as vocational training, education, agriculture, skills acquisition, religious activities, Yoga, counselling, sports, and welfare activities.

Thirdly, prisoners are known to face different types of abuse behind bars, including sexual and physical abuse, and studies have shown that the risk of such abuse is heightened and the effects more severe for juveniles when they are imprisoned with adult prisoners. 

Also, research indicates that the young people who are imprisoned with adults exhibit higher risks of self-harming behaviours and suicides than juveniles who are housed in juvenile facilities. All this compelling evidence notwithstanding, some countries still imprison juveniles alongside adults.

Rehabilitation Over Retribution

There must be continued emphasis on rehabilitation being at the heart of the Indian juvenile justice system. An increased focus on rehabilitation for juveniles is likely to yield more results in terms of reduction in juvenile crimes and recidivism for some of the reasons that were expounded previously, particularly those centered on the psychological and cognitive development of juveniles. 

Subsequently, rehabilitation of juveniles must focus on psychological support to help unearth the causes of delinquent behaviour and teach behavioural coping skills; restorative justice models — to enhance the ability of CCLs to understand the gravity of their actions and help them to be accountable for their actions as they cultivate empathy; skills acquisition training, vocational skills training, and the provision of educational opportunities — to assist with effective time management while the CCLs are housed in juvenile facilities and give them knowledge that they can leverage upon reentry into society; effective reentry programs – to ensure that the CCLs spend their time on gainful activities post-release, thereby reducing their chances of reoffending.

The issues cited above and other topical criminological issues will constitute points of robust discussion among criminologists, academics, professionals, postgraduate students, and other stakeholders, who will congregate for the World Conference on Criminology (WCC) to be held in India in June this year.

Ultimately, the successful reintegration of juveniles in conflict with the law depends on a societal willingness to view them not as hardened criminals, but as individuals with the potential for change — provided the right support structures are in place. It requires collaboration between legal systems, mental health professionals, educators, communities, and families to create an environment where rehabilitation is both meaningful and sustainable.

In this context, it becomes vital to continue interrogating and refining our approaches to juvenile justice. Only through sustained dialogue, critical inquiry, and knowledge exchange can we hope to build more humane and effective systems. Such conversations are essential in shaping policies that not only prevent recidivism but also restore dignity and purpose to the lives of young offenders.

Prof. (Dr.) Caroline Agboola is Professor at Jindal Institute of Behavioural Sciences, OP Jindal Global University.

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