Rehabilitation of Juveniles | Criminal Law - CLAT PG PDF Download

Introduction

Juvenile or Children in conflict with law are referred to children under the age of 18 years who are suspected or accused of committing a crime or being part of illegal activity. Children in conflict with law cannot be arrested by a police officer and can only be apprehended. Only minors between the age of 16-18 years who commit heinous crimes can be treated and tried as adults.

• The child in conflict with law cannot be tried in criminal courts and should be produced before the Juvenile Justice Board chaired by a Magistrate and two social worker members. While the juveniles are held accountable for their violation of the law and kept in juvenile homes or other relevant correctional facilities for public safety, the primary aim is to rehabilitate them.
• The rehabilitative process includes psychological assessment of the crime committed by the juvenile and the environment causing it to happen, therapeutic guidance, skill development, involving them in yoga and other mind-developing activities.

Aftercare Care Organizations

• These are transitional homes where the child is kept before being totally reintegrated into society.
• Aftercare organizations are special homes registered under the governmental nodal agency functioning for the welfare of delinquent children.

At the aftercare organizations, the Juveniles are given:

• Vocational training
• Therapeutic training to improve psychological behavior
• Continuing education
• Consensus about social values
• Economic ability to support themselves
• Activities for physical and mental fitness

After-Care Organizations are set up to achieve the principal objective of allowing children and juveniles to adapt to society. At the after-care organizations, the children and juveniles are motivated to stay in mainstream society from their past life in the institutional homes.
In the aftercare program, children and juveniles are also provided access to social, legal and medical services and also with appropriate financial support. Regular educational and vocational training opportunities are provided to children and juveniles at the aftercare organization to help them become financially independent and generate their own income.

Sponsorship

Sponsorship is the financial help given for child care organizations, foster families, individuals or individual groups to meet the expenses of the juveniles' rehabilitation programs. It may be government aid, non-governmental organization (NGO) support, or individual contributions.

Foster Care :Foster care is a form of non-institutional care provided for juveniles based on Section 42 of the Juvenile Justice Act of 2000. A child may be placed with a foster family to ensure a family environment and parental care, which may not be possible in normal institutional rehabilitation. The foster family is compensated for their service, and it is voluntary in nature.

• A child may be placed in foster care if the natural parents are:
• Sentenced
• Suffering from deadly diseases
• Abroad
• Incapacitated by other means

Adoption: Adoption benefits orphans, homeless children, destitute youngsters, and childless couples. It also makes life meaningful for single adults by establishing a parent-child relationship.

Prevention

• Prevention is the first step towards curbing delinquency. Delinquency is an evolutionary process where a child starts delinquent acts at an early stage, evident in petty stealing, neglecting studies, and gradually developing other notorious tendencies. Teachers and family members should counsel such children upon observing such behaviors.
• Prevention of delinquency also includes averting delinquent behavior through individual and environmental adjustments. This involves improving family bonds,better adjustment in schools, and providing educational and recreational activities.

Dealing

• Police and Courts are major components of the criminal justice system.
• Police play a significant role in cases related to juvenile delinquents. Statutory provisions emphasize the active participation of police in juvenile cases.
• Specially trained juvenile police units should be set up to help discover delinquents and pre-delinquents.

Treatment
Modification of delinquent behavior is a basic purpose of correctional institutions. The Juvenile Justice (Care and Protection for Children) Act, 2000 gives special attention to children in situations of social maladjustment. The Act provides for the constitution of the Board.

• The State Government can constitute one or more Juvenile Boards for a district or group of districts to exercise powers and duties related to juveniles in conflict with the law.
• The Board consists of a Metropolitan Magistrate or a Judicial Magistrate of the first class and two social workers, with at least one being a woman.

For children in need of care and protection, State Governments can constitute Child Welfare Committees for every district. The Committee has the final authority to dispose of cases related to care, protection, treatment, development, rehabilitation, basic needs, and protection of human rights of children.

Rehabilitation and Reintegration

Social reintegration of children is carried out through adoption, foster care, sponsorship, and sending the child to an after-care organization.

• Foster care is used for temporarily placing infants who are to be given for adoption.
• After-care organisations are set up to care for juveniles or children after they leave special homes or children homes, enabling them to lead an honest, industrious, and useful life.