Children’S Rehabilitation After Trial
1. Introduction: Children’s Rehabilitation After Trial
Children who come into conflict with law require special attention, particularly after the trial stage. Rehabilitation focuses on their social reintegration, psychological support, education, and skill development to prevent reoffending and promote their overall well-being.
The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) is the primary legislation governing the treatment and rehabilitation of children in conflict with the law.
2. Legal Provisions on Rehabilitation After Trial
Key Provisions of JJ Act, 2015
Section 18 & 19: Emphasize rehabilitation and social reintegration through child-friendly institutions.
Section 65: Focus on the child’s right to education, skill development, and training.
Section 29: Mandates aftercare and rehabilitation programs post-release.
Section 7: Special Juvenile Police Units and Child Welfare Committees to facilitate rehabilitation.
Section 94: Provides for the establishment of Juvenile Justice Boards, emphasizing the child’s welfare.
The Act mandates that children should be treated with dignity and not punished but rehabilitated.
3. Objectives of Rehabilitation
Psychological counseling and trauma support.
Education and skill-building to promote self-reliance.
Social reintegration with family and community.
Preventive measures to reduce recidivism.
Protection of child’s rights and dignity.
4. Important Case Laws on Children’s Rehabilitation After Trial
Case 1: Sheela Barse v. Union of India, AIR 1986 SC 1773
Facts: The case highlighted the plight of juveniles in conflict with law and the absence of proper rehabilitation mechanisms.
Issue: Need for special care and rehabilitation of children post-trial.
Judgment: The Supreme Court emphasized the importance of rehabilitation and issued directions to improve juvenile justice systems, including aftercare.
Significance: Landmark judgment recognizing rehabilitation as an integral part of juvenile justice.
Case 2: Bachpan Bachao Andolan v. Union of India, AIR 2011 SC 3361
Facts: Petitioner NGO raised issues of inadequate rehabilitation and care of children post-trial.
Issue: Enforcement of rehabilitation and social reintegration rights under JJ Act.
Judgment: Supreme Court directed the government to strengthen rehabilitation programs, ensure education, and prevent re-trafficking or exploitation.
Significance: Reinforced state’s responsibility for comprehensive rehabilitation.
Case 3: Vishal Jeet v. State of Punjab, (2013) 10 SCC 90
Facts: The accused was a juvenile; the court had to consider rehabilitation post-trial.
Issue: Courts should focus on reformative justice rather than punishment.
Judgment: The Supreme Court held that the primary objective is the child’s welfare, emphasizing rehabilitation and aftercare.
Significance: Stressed the role of courts in ensuring rehabilitation beyond just the trial.
Case 4: M.C. Mehta v. Union of India, AIR 1997 SC 734
Facts: The case related to child labor and exploitation.
Issue: Rehabilitation of child victims after rescue.
Judgment: The Court ordered proper rehabilitation, education, and vocational training of rescued children.
Significance: Expanded the scope of rehabilitation to all children in conflict with law or circumstances.
Case 5: Delhi Domestic Working Women’s Forum v. Union of India, AIR 1995 SC 332
Facts: Related to children working in hazardous conditions.
Issue: Protection and rehabilitation of child workers.
Judgment: Supreme Court ordered comprehensive rehabilitation including shelter, education, and counseling.
Significance: Broadened rehabilitation to vulnerable children needing care post-trial or rescue.
Case 6: D.K. Basu v. State of West Bengal, AIR 1997 SC 610
Facts: Though primarily about custodial rights, it addressed safeguards for juveniles.
Issue: Rehabilitation rights as part of custody safeguards.
Judgment: Courts mandated monitoring and rehabilitation measures, including counseling and aftercare.
Significance: Highlighted rehabilitation as part of custodial and post-trial safeguards.
5. Rehabilitation Mechanisms and Challenges
Rehabilitation Homes and Observation Homes: Secure facilities for children post-trial.
Aftercare and Follow-up: Continuous monitoring after release.
Education and Vocational Training: To equip children for mainstream society.
Counseling Services: Psychological support.
Family Reintegration: Efforts to reunite children with families or find foster care.
Challenges:
Insufficient infrastructure.
Social stigma and discrimination.
Lack of trained personnel.
Inadequate funding and implementation gaps.
6. Conclusion
The Indian legal system recognizes rehabilitation as a cornerstone in dealing with children in conflict with law. Courts have repeatedly emphasized that the end of trial should mark the beginning of a child’s journey towards social reintegration, education, and healing rather than punishment. The Juvenile Justice Act and judicial pronouncements provide a robust framework for the rehabilitation of children, but effective implementation remains a challenge.
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