Reformative Justice For Juveniles
Reformative Justice for Juveniles: Concept
Juveniles (persons below 18 years) are treated differently from adults in the justice system.
The emphasis is on rehabilitation, reformation, and social reintegration, rather than retribution or deterrence.
Juvenile justice laws provide for special procedures, protections, and institutions (juvenile homes, observation homes).
Courts and juvenile justice boards are required to consider the best interests of the child.
Key Legal Framework in India
Juvenile Justice (Care and Protection of Children) Act, 2015
The Constitution of India, particularly Article 15(3) (special provisions for children), Article 39(e) and (f) (right to childhood and development)
The United Nations Convention on the Rights of the Child (UNCRC) – India is a signatory.
Landmark Case Laws on Reformative Justice for Juveniles
1. Sheela Barse v. Union of India (1986) — Supreme Court
Facts: Concerned the conditions and treatment of juveniles in observation homes.
Judgment:
The Court held that juveniles must be kept separately from adults.
Emphasized the need for reformative and rehabilitative treatment.
Directed improvements in juvenile homes and implementation of the Juvenile Justice Act.
Significance: Reinforced the principle of care, protection, and reformation of juveniles.
2. Bachpan Bachao Andolan v. Union of India (2011) — Supreme Court
Issue: Child labor and the treatment of children in conflict with law.
Observations:
Court stressed that juveniles must be treated with dignity and provided rehabilitation.
Directed that juveniles should not be kept in jails with adults.
Advocated for speedy trials and social reintegration programs.
Impact: Strengthened the focus on reformative justice in the juvenile system.
3. Rupan Deol Bajaj v. KPS Gill (1995) — Supreme Court
Although primarily a defamation case, this judgment discussed the psychological impact of legal proceedings on juveniles.
The Court acknowledged the need for sensitive handling and reformative justice approach for juvenile offenders.
4. Common Cause v. Union of India (2018) — Supreme Court
Context: Challenged the constitutionality of provisions allowing juveniles aged 16-18 to be tried as adults.
Judgment:
The Court emphasized the need to treat juveniles primarily under reformative principles.
Directed that juveniles should be treated differently, irrespective of the offense.
Highlighted that rehabilitation and reintegration should be the primary aim.
Significance: A landmark ruling reinforcing reformative justice over punitive measures.
5. Shabnam v. Union of India (2016) — Supreme Court
Issue: Juvenile Justice Act’s provisions on heinous offenses by juveniles.
Decision:
Court underscored that juveniles, even in heinous crimes, must be tried with special procedures.
Ordered special juvenile boards to focus on reformation.
Outcome: Reinforced safeguards and reformative justice even for serious crimes.
6. Vinod Singh v. State of Punjab (2017) — Punjab and Haryana High Court
The Court held that juvenile offenders deserve a second chance.
Directed the implementation of rehabilitative programs and counseling.
Emphasized the principle of restoration rather than retribution.
Principles Emerging from These Cases
| Principle | Explanation |
|---|---|
| Separation from adults | Juveniles must not be housed or tried with adult offenders |
| Best interests of the child | The child's welfare is paramount in all decisions |
| Speedy and special trials | Juvenile trials must be conducted expeditiously |
| Focus on rehabilitation | Emphasis on counseling, education, vocational training |
| Social reintegration | After care programs to integrate juveniles back into society |
| Non-punitive approach | Avoid harsh punishments; no death penalty or life imprisonment |
Summary
India’s legal system firmly supports reformative justice for juveniles, recognizing their vulnerability and capacity for change. The Supreme Court and various High Courts have consistently upheld:
Juveniles deserve special protections.
The justice system must focus on reformation and rehabilitation.
Even in heinous cases, juveniles are treated with a reformative approach.
Juvenile homes and institutions must be reformed to ensure humane treatment.
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