Statutory Provisions Regarding Juvenile Delinquency

Deepak, SRM university, Delhi NCR, Sonipat, Haryana .

Dr. Anjali dixit , associate professor , faculty of law, SRM university , Delhi NCR , Sonipat, Haryana.

Introduction

Children are regarded as one of God's most precious blessings, as well as one of the most valuable personal and national assets. As a result, as individuals, parents, guardians, society, and the nation as a whole, we have a responsibility to our children to provide them with the opportunity to grow up in decent socio-cultural surroundings so that they should become productive people who are physically, mentally and morally healthy. It is also the obligation of the state to ensure that all children have equal opportunities for growth throughout their lives. This will help to reduce inequality and ensure that social justice is maintained[1].

Following independence, a number of legislation dealing to care and protection of children and protection were introduced in Parliament; these measures were debated by Parliament, and then some of them were passed. The first statute relating to juvenile justice post-independence was the Children Act 1960. Then, in 1986, the Juvenile Justice Act was passed, which included numerous provisions concerning juvenile justice. The Juvenile Justice (Care and Protection of Children) Act of 2000 was passed in the year 2000, and it was a comprehensive piece of juvenile justice law The Juvenile Justice (Care and Protection of Children) Act of 2015 is the most recent statute with Amendments made in 2021. In addition to these Acts, the Indian Constitution has provisions relating to juvenile justice. The Indian Penal Code and the Criminal Procedure Code both have provisions dealing to juvenile justice.

Only minors are dealt with by the Juvenile Justice System when it comes to trial, interrogation, punishment, and the correctional procedure. The primary principle behind the Juvenile Justice System is that children must be handled differently than adults. The current Act of 201572 establishes a particular procedure for the trial of juveniles. The Indian government has enacted legislation to regulate the juvenile justice system. The Board's jurisdiction, punishments, juvenile age, and procedure were all defined under the “Indian Penal Code 1860, the Code of Criminal Procedure 1973, and the Juvenile Justice (Care and Protection of Children) Act 2015.”

Constitutional Provisions Under Indian Constitution

Children, as per the constitution, are humanity's greatest gift. It envisions children having a joyful and healthy childhood free of abuse and exploitation. Part III of the Fundamental Rights and Part IV of the Directive Principles of State Policy, respectively, of the Indian Constitution have some unique provisions regarding the protection of children[2].

Article 14: “Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 15: “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.”

“No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to

(a)  access to shops, public restaurants, hotels and palaces of public entertainment;

(b)  the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.”

“Nothing in this article shall prevent the State from making any special provision for women and children”.

“Nothing in this article or paragraph (2) of article 29 prevents the State from establishing specific provisions for the improvement of socially and educationally backward individuals, as well as the Scheduled Castes and Tribes.”

The right to education is covered by Article 21A. It states that “The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine”.

Article 24 safeguards children from exploitation. “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment Provided that nothing in this sub clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament.”

In particular, the state is obligated to orient its policies towards the goal of ensuring that the ownership and management of the community's material resources are allocated in a manner that is most beneficial to the common interest and that all people, regardless of gender, have the right to an efficient means of subsistence. Furthermore, it ensures that the operation of the economic system does not result in the accumulation of wealth in the hands of a select few individuals at the expense of the general population.

“Article 39(f) of the constitution states that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.”

“Article 51-A (k) states the fundamental duty of parents to their children is ensured in this article. It states that who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.”

Legislative Provisions Under The Code Of Criminal Procedure

The Criminal Procedure Code establishes a particular procedure for juvenile trials. Only chief judicial magistrates have the authority to hold a juvenile offender's trial under Section 27.The Juvenile Courts in India are governed by Section 27 of the Code of Criminal procedure. According to the former Children Act of 1960, this section establishes the jurisdiction. If a juvenile offender commits an offence while under the age of sixteen years, he or she may be tried by the Chief Judicial Magistrate or any court that has been established in accordance with the Children Act of 1960 for any offence that is not prosecutable by life sentence and that was committed by any person who is under the age of sixteen years at the time that he or she appears or is brought before the Court. In addition, the Code of Criminal Procedure allows for an order of release to be issued on the condition of good behaviour probation or after admonition have been issued. The court may order that the offender be released on the condition that he enter into a bond, with or without sureties, to appear and receive punishment when it is required. This is the case if the court determines that it would be preferable for the offender to be released on probation for good behaviour after taking into consideration the offender's age, character, and history as well as the circumstances surrounding the offence.

Somabhai vs. State of Gujarat[3] In this particular case, when the negligent and hurried driving of the accused led to the death of a child who was ten years old, there were no mitigating circumstances that might have been considered. Due to the absence of any mitigating circumstances, the accused was not granted the benefit of probation, as stated by the Supreme Court. Due to the fact that the defendant was under the age of twenty one and did not have any prior criminal record, the court did not apply Section 360 of the Criminal Procedure Code. As an alternative, the court decided that the case involving probation was appropriate.

Legislative Provisions Under Indian Penal Code

Children are likewise protected under the Indian Penal Code, which exempts children under the age of seven from criminal culpability under the notion of Mens Rea.

The Indian Penal Code (IPC) contains various sections relating to children. There are various exceptions for children, such as the fact that they cannot be sentenced if they are under the age set in the IPC. Child offenders are immune from criminal culpability under sections 82 and 83 of the IPC. The idea of juvenile justice can be applied to this immunity.

“Section 82: Act of a child under seven years of age.— Nothing is an offence which is done by a child under seven years of age.”

“Section 83: Act of a child above seven and under twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.”

ACT OF A CHILD UNDER THE AGE OF SEVEN

The child under the age of seven is presumed to be doli incapax, according to Section 82. It stipulates that a youngster is incapable of distinguishing among right and wrong. To put it another way, he is incapable of comprehending the crime's character, conditions, or consequences. This is an unmistakable and clear assumption. According to this section, a kid who is under the age of seven and has committed any offence with the intent to commit a crime is not held accountable for the crime.

ACT OF A CHILD OVER THE AGE OF SEVEN YEARS BUT UNDER THE AGE OF TWELVE YEARS

Section 83 of the IPC defines a child as doli capax if they are over seven but under twelve. The "mischievous discretion" of the kids can refute this notion. The prosecution must demonstrate beyond a reasonable doubt that the child did it on purpose and with malice.

In Kalka Prasad v State of Uttar Pradesh[4], Even if the culprit has a limited understanding and is unable to appreciate the nature and repercussions of the crime, the court declared that once a person reaches the age of 12, they are no longer immune from criminal accountability. This pertains to the fact that they are no longer exempt from criminal accountability. In addition, in the case of Hiralal Mallick v State of Bihar[5], According to the ruling of the court, a child's age ceases to be significant after they become twelve. If he is found guilty, the terms that will be imposed on him will be heavily influenced by the question of his youth and maturity.

In accordance with the Indian Penal Code, a child who commits a crime and is recognised as an adult is fully responsible and liable for the consequences of his actions. According to the Juvenile Justice (Care and Protection of Children) Act of 2015, a juvenile is exempt from responsibility until the age of 18, or 16 in the case of extremely serious offences. This exemption is in place until the age of 18. Throughout the course of Indian history, a significant number of laws have been enacted to ensure that children are cared for and protected in the most effective manner possible. Additionally, the young people are taken to rehabilitation facilities rather than doing time in jail or prison[6].

THE JUVENILE JUSTICE ACT, 1986

The Juvenile Justice Act of 1986, that replaced the Children Act of 1960, was passed to implement the requirements outlined in the UN Standard Minimum Rules for the Administration of Juvenile Justice, which were ratified in November 1985. Except for Jammu and Kashmir, this Act had 63 sections divided into seven chapters and applicable to all of India. The fundamental purpose of the Act was to provide neglected juvenile delinquents with care and protection, as well as rehabilitation, growth, and education. The following were the primary objectives of the Act:

1.     It provided a uniform framework for juvenile justice system in the country, safeguarding minors' rights and interests.

2.     The machinery and support infrastructure to care for, protect, educate, train, and rehabilitate young offenders are discussed.

3.     It laid the groundwork for the appropriate and impartial application of the law in cases where children commit significant crimes.

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000

The Juvenile Justice (Care and Protection of Children) legislation of 2000 made improvements to the previous law, which was changed as a result of this legislation and subsequently repealed. The purpose of this bill is to alter the laws that pertain to children who require care and protection as well as juveniles who are having trouble with the law. This will be accomplished by ensuring that these children receive the right care, protection, and treatment, as well as by meeting their developmental requirements. This is accomplished by the utilisation of a child-friendly approach to the adjudication and resolution of cases, with the goal of being in the best interests of children and ultimately restoring them through the various institutions that have been established in accordance with this law. The juveniles are divided into two categories: those who are in violation of the law and those who require care and protection. The former group is provided with proper care, protection, and treatment, while the latter group is also provided with attention to their particular developmental requirements. This is accomplished through the many agencies that have been established by this law by applying a child-friendly approach to the adjudication and resolution of circumstances that have an impact on the best interests of children that will ultimately lead to their rehabilitation. The juveniles are separated into two categories: those who are in violation of the law, and those who are in need of supervision and protection[7].

JUVENILE JUSTICE (CARE AND PROTECTION OF 

CHILDREN) ACT, 2015

The Indian Juvenile Justice (Care and Protection of juveniles) Act of 2000 was repealed, which made it possible for juveniles between the ages of sixteen and eighteen years old who were involved in serious offences to be prosecuted as adults in the criminal justice system. Commencement of this Act is scheduled for January 15, 2016.

The purpose of this Act is to centralise and alter the law that pertains to children who are suspected of being in conflict with the law as well as children who are in need of care and protection. This will be accomplished by addressing the children's fundamental needs through sufficient care, protection, development, treatment, and social re-integration. In addition to this, it employs a child-friendly mentality in the process of adjudicating and resolving situations that are in the best interest of children, as well as for the purpose of rehabilitating children through the utilisation of various practical tools, institutions, and bodies.

under the Indian Juvenile Justice System, the Rehabilitation and Reintegration Process is covered under Chapter VII of the Juvenile Justice (Care and Protection of Children) Act, 2015. This act was passed in 2015.

In order to fulfil the requirements of this Act, the process of child rehabilitation and social integration must be carried out in accordance with the child's individual treatment plan. Ideally, this should be accomplished through family-based treatment, which may include reintegration into the child's home or guardian with or without guidance, sponsorship, adoption, or foster care. It is necessary for a child who is in need of care and protection to be enrolled in such an institution, either temporarily or permanently, with the appropriate person or facility. It is required that they remain in specified households or secure settings until they reach the age of 18.

The repair and protection of children is the primary goal of a children's home, specialised adoption agency, or open shelter. They have the ability to take the required steps to restore and protect the child[8].

This Act also allows for the registration of child care facilities. This Act requires NGOs and state governments to register any institution they administer. The ability and objective of the organization to be recognized as a Children's Home, Open Shelter, Specialized Adoption Agency, Observation Homes, or Special Homes, or any other place of safety, must be determined and validated by the State Government upon registration. Provisional approval may be granted for a maximum of six months within one month of the application date, when the organisation of such institution capabilities of the Home is stated in the registration. 

Open Shelters: Under this Act, the state government or non-governmental organisations (NGOs) may create open shelters. The Open Shelters should be registered in accordance with this Act's procedures.

Foster Care: Children who are in need of care and protection should be placed in foster facilities for a short or long period of time, as determined by a committee following the procedures required by the Act, in a household that does not include the child's biological or adoptive parents, or in a family that is not related to the child and is recognised by the State Authority as being suitable for the objective. Foster parents should be picked for their ability, determination, and capability to care for children. Education, health, and nutrition will be provided to the foster family

Observation Homes: Children who have run afoul of the law or who are delinquent juveniles must be placed in observation homes. The State Government establishes and maintains these observation homes through NGOs in each district. Observation houses are rehabilitation facilities for delinquent juveniles that are required to be registered.The State Government may simply have the authority to enact laws governing the construction and improvement of observation homes. They should be placed in observation homes that are suitable for their age, gender, and level of physical and mental development rather than being left with their parents or guardians[9].

Special Homes: In each district, the State Government develops and maintains Special Homes, which must be listed under this Act. It's also a form of delinquent child treatment facility.

According to the state administration, every district has at least one registered safe location. A person above the age of eighteen years who is involved in horrific crimes shall be detained in this location, which will be provided with the required protections and amenities for such individuals and children.

Children's Homes: These homes were established to accommodate and safeguard children in need of care and protection, and to provide appropriate rehabilitation, training, education, growth, and treatment. Any Children's Homes that give specialised help to children with special needs may be approved by the state government.

JUVENILE JUSTICE BOARD

It is proposed that a Board be constituted with the intention of conducting investigations and hearings in situations involving minors who are in conflict with the law.

The Board will consist of the Principal Magistrate and two social workers, with the additional requirement that one of the social workers be a female. Due to the provisions of the Act, the Board is not permitted to govern or conduct its operations from regular court facilities under any circumstances. In this case, the decision made by the Principal Magistrate is definitive[10].

Juvenile Justice Board Special Procedure: The Act lays out the course of action that should be taken when dealing with juvenile offenders. Here is a list of the most important special procedures:

1)     The processes cannot be initiated on the basis of a complaint lodged by the police or by a civilian.

2)     The hearing ought to be informal and conducted in complete secrecy.It is recommended that criminals be placed in an observation home after they have been detained.

3)     The trial of a juvenile who has committed a violation of the law shall be presided over by a Lady Magistrate.

4)     In the event that the Board is not in session, a child who has committed a violation of the law may be brought before a committee member individually.

POWERS AND FUCTIONS OF THE BOARD

The Juvenile Justice (Care and Protection of Children) Act of 2015 gives the juvenile justice board a lot of power and responsibilities. All proceedings under this Act relating to minors in conflict with the law in the jurisdiction of the Board created for any district shall be dealt with exclusively by the Board constituted for that district. The High Court and the Children's Court may exercise the functions granted on the Board by or under this Act when actions under section 19 or in appeal, revision, or otherwise come before them. The Board's functions and responsibilities must include'––

“Ensuring the child's and parent's or guardians informed participation at every step of the process. Ensure that the child's rights are respected throughout the process of apprehending, investigating, and rehabilitating the youngster. Assuring that legal aid for children is available through legal services institutions. If the child is unable to understand the language used in the proceedings, the Board shall provide an interpretation or translator, with such qualifications and experience as may be prescribed, on payment of such fees as may be prescribed.”100

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) AMENDMENT ACT, 2021)

The amendment intends to improve the protection of children, particularly those who need legal certainty and those who have legal difficulties. The adoption of a child was next on the common court's approval of an adoption request, according to the Act. According to the Act, adoption orders of this kind will be granted by the district judge, who may also include an extra local officer. This is in contrast to the court, which is to issue such orders. The adoption of children and the investigation and prosecution of serious crimes committed by minors have been the primary focuses of this Act. A number of measures have been included in the Act of 2015 for the purpose of providing care and protection to children who are in dispute with the law. The purpose of the newly enacted amendment legislation is to establish measures that will strengthen the way in which children are protected. This Act was passed into law in order to address concerns over the translation of the Juvenile Justice Act that had been passed previously.

The Mukesh v. State (NCT of Delhi[11]) gang-rape case in Delhi resulted in various improvements in the Indian criminal justice. Despite the fact that in Nirbhaya case, a juvenile who engaged in the very same transaction, was released owing to juvenile procedure, he was the same horror to conduct the crime. The Rajya Sabha enacted the Juvenile Justice Bill 2014, which strikes a real balance between equal treatment under the law and equal protection of the laws, as a result of the widespread protest against his discharge and questioning by law enforcement.

In India, adolescent misconduct is a common occurrence. The percentages of crime are not decreasing, which is raising a lot of anxiety. Juvenile crime rates have climbed in recent years, as per a report published by the National Crime Reports Bureau (NCRB) in 2019. NCRB research also found that Child Care Institutions were not operating as expected even after the 2015 Amendment to the Act was approved. The bodies' juvenile guidelines are inadequate and absent.

The National Commission for the Protection of Child Rights (NCPCR) conducted an investigation of Child Care Institutions (CCIs) in 2020 and finding that 90% of them are run by non-governmental organisations (NGOs), and that CCIs were not enrolled even after the Act was changed in 2015. According to the data, these home considerations necessitated the acquisition of assets rather than the return of children. As a result, the measure was familiarised with the goal of enacting estimates that would strengthen the child protection platforms.

The Juvenile Justice Amendment Bill was approved by the Rajya Sabha House of Representatives on July 28, 2021. It was supported and extended in March by Ms. Smirti Zubin Irani, who is the Minister of Women and Child Development. Additionally, it received a great deal of assistance from the opposition parties for its implementation. Specifically, the Juvenile Justice (Care and Protection of Children) Act of 2015 is modified by this item of legislation. Children who have breached the law and require care and protection are included in the provisions of the Act of 2015, which incorporates measures. Attempts are made in this bill to create measures that would strengthen the system that protects children. In accordance with the New Amendment Bill, the following amendments have been undertaken:

Among the most significant changes was the addition of a classification system for serious offences or wrongdoings. Which has now been divided into two categories: heinous crimes and serious crime[12]s.

·       Heinous Offenses: According to Section 2(33) of the Indian Panel Code, heinous offences are those that warrant at least a seven-year sentence of imprisonment. Murder, assault, sexual molestation, and other heinous crimes fall into this category.

·       Serious Offenses: In accordance with Section 2(54) of the Indian Penal Code, serious offences are those for which the minimum sentence is three years and the maximum sentence is seven years. This eliminates any uncertainty and gives the Juvenile the highest level of assurance possible, keeping them out of adult court.

Adoption: District Magistrates and District Magistrates now have the jurisdiction to approve the adoption procedure as a result of changes that were made to the Juvenile Justice Act of 2021. The majority of the time, adoption decisions that are handed down by the courts establish that the children are the property of the adoptive parents.

Appeal: An appeal can be made to the divisional official if one of the parties is unhappy with the adoption order. In order to resolve the issues, the divisional official will need to enroll in a course at that section. The District Magistrate and Additional District Magistrate must grant the request, and the appeal must be submitted within 30 days of that. This speeds up the adoption process if these offers are rejected within a month of being recorded.

Designated Courts: Designated courts, sometimes known as Children's Courts, are special courts formed to hear all of the charges presented against juveniles. Prior to the amendment, the Act provided that offences involving a detention of 7 years or more would be handled by the Children's Court, while crimes involving less than 7 years would be tried by the Judicial Magistrates.

Child Welfare Committee: The bill states that no one will be excluded from CWC unless they have actively supported the advancement of human or children's rights, have been charged with a misdemeanour offense, have been dismissed from or exempted from employment with the federal, state, or local governments, or are in charge of running a child care facility in a particular area.

Termination of members: Following a plea, the state government will revoke a person's nomination to the board of trustees if they miss more than three-quarters of the sessions over the course of a year or miss the meetings of the Child Welfare Committees for three months without good cause[13].

REHABILITATION AND RE-INTEGRATION

The Rehabilitation and Reintegration Process in the Indian Juvenile Justice System is addressed under Chapter VII of the Juvenile Justice (Care and Protection of Children) Act, 2015.

“The process of rehabilitation and social integration of children under this Act shall be undertaken, based on the individual care plan of the child, preferably through family based care such as by restoration to family or guardian with or without supervision or sponsorship, or adoption or foster care.” A kid who is in need of care and protection is required to be enrolled in an institution with a suitable individual or facility, either temporarily or permanently. Up until the time when kids reach the age of 18, they are required to be housed in specialised homes or safe havens.

An open shelter, a children's home, or a specialised adoption agency all have the same fundamental objective, which is to provide children with the necessary care and safety. Having the power to take the necessary actions to restore and protect the child is within their capabilities[14].

This Act also allows for the registration of child care institutions. This Act mandates that all institutions that NGOs and state governments manage must be registered. It is the responsibility of the state government to ascertain and evaluate the capabilities and goals of an organisation before it can be registered as a children's home, open shelter, specialised adoption agency, observation home, special home, or any other type of place of safety. Within one month of the application date and for a maximum of six months, provisional approval may be granted as long as the registration details the organization of such institution capability of the Home.

If the person in charge of the institution fails to register, he or she faces a year in imprisonment or a fine of at least one lakh rupees.

·       Open Shelters: Under this Act, the state government or non-governmental organizations (NGOs) may create open shelters. The Open Shelters must be registered in accordance with this Act's procedures.

·       Foster Care: Children who are in need of care and protection are required to be placed in foster homes for a short or long period of time, depending on the decision that is made by a committee that follows the procedures outlined in the Act. Adoptive families, families that do not include the child's biological or adoptive parents, or families that are not related to the child that the State Government has determined to be suitable for the purpose of placing the child in foster care. The ability, tenacity, and capability of the prospective foster family should be taken into consideration. The foster family will receive food, medical care, and educational support.

·       Observation Homes: Children who have run afoul of the law or who are delinquent juveniles must be placed in observation homes. The State Government establishes and maintains these observation homes through NGOs in each district. Observation houses are rehabilitation facilities for delinquent juveniles that are required to be registered. The State Government may have the jurisdiction to adopt regulations for the development and enhancement of Observation Homes. They should be placed in Observation Homes that are appropriate for their age, gender, and physical and mental ability, rather than with their parents or guardians.

·       Special Homes: In each district, the State Government develops and maintains Special Homes, which must be registered under this Act. It's also a form of delinquent child treatment facility.

According to the state administration, every district has at least one officially recognized location of safety. This facility will be used to house adults over the age of 18 as well as minors who have broken the law and are between the ages of

16 and 18 and have committed horrible crimes. It will be furnished with the comforts and protections these people need.

·       Children's Homes: These homes were formed to provide adequate treatment, education, training, development, and rehabilitation for children who are in need of care, as well as to provide a safe environment for these children and to provide them with protection. The administration of the state has the authority to designate any Children's Homes that provide comprehensive assistance to children who have unique requirements.

PUNISHMENT OF JUVENILE

There was no punishment for juveniles prior to 2015. Following the incident of December 16, 2012, the minimum age for juveniles was lowered, and a new notion of heinous crime was developed. In 2015, the Indian Parliament approved the "Juvenile Justice (Care and Protection of Children) Bill 2014," which has drastically altered India's juvenile justice system.

That Bill has been replaced by the “Juvenile Justice (Care and Protection of Children) Act, 2015.” According to this law, a juvenile must be treated as an adult, and significant offences will result in a term of 7 years or more in prison for individuals aged 16 to 18. Serious offenses are those that carry severe penalties under the Indian Penal Code, 1860, or any other applicable law. The delinquent child is taken before the Juvenile Board if the Juvenile Board thinks it necessary, and the Juvenile Board may issue a punishment order. The child might be transferred to a rehabilitation facility if the Juvenile Board determines that no severe crimes have been committed by him. One form of punishment that adheres to the reformative punishment philosophy is rehabilitation centers[15].

The fundamental goal of rehabilitation is to change and reform the child's behaviour. The reformatory hypothesis aids in the transformation of a child's criminal mindset. Because it focuses on the future rather than the past, this hypothesis is reasonable. The reformative strategy is beneficial for adolescent criminals, women, and first-time offenders. Salmond claims that although it may seem terrible to substitute deterrents for reformation in most cases, it is important in some circumstances, particularly for aberrant and wrongdoers with limited responsibilities. Another argument is that it is not a punishment in the real sense of the word because it does not include slight pain.

In Rattan Lal vs. State of Punjab[16], the Supreme Court observed that this Act represents a watershed moment in the recent liberal trend of criminal justice reform. Second, Section 27 of the Criminal Procedure Code mandates that young offenders get treatment, rehabilitation, and training.114 The drive to repair a person as a better and best citizen is known as reformation.115

According to the Jail Committee Report 1919-1920, the goal of correctional administration or rehabilitation centres is to prevent fresh crimes and reintegrate criminals into society as reformed individuals. In Narotam Singh v. State of Punjab[17], The Supreme Court declared that promoting rehabilitation and ensuring social justice should be the primary objectives of criminal legislation.

[1] Tatum, Melissa L. “LESSONS FROM THE UNITED STATES ON BUILDING MORE EFFECTIVE MEANS OF ADDRESSING INDIGENOUS CHILD WELFARE ISSUES.” Australian Indigenous Law Review, vol. 19, no. 1, 2015, pp. 103–14. JSTOR, http://www.jstor.org/stable/26423306. Accessed 15 Jan. 2024.

[2] van der Heide, Liesbeth, and Audrey Alexander. “Policy Considerations and Implications for Reintegrating Islamic State-Affiliated Minors.” Homecoming: Considerations for Rehabilitating and Reintegrating Islamic State-Affiliated Minors, Combatting Terrorism Center at West Point, 2020, pp. 19–31. JSTOR, http://www.jstor.org/stable/resrep24892.6. Accessed 15 Jan. 2024.

[3] Somabhai vs. State of Gujarat, 1989, Cr. L.J. 1945 (Guj)

[4] (1959) All 698.

[5] (1977) SC 2236.

[6] van der Heide, Liesbeth, and Audrey Alexander. “Policy Considerations and Implications for Reintegrating Islamic State-Affiliated Minors.” Homecoming: Considerations for Rehabilitating and Reintegrating Islamic State-Affiliated Minors, Combatting Terrorism Center at West Point, 2020, pp. 19–31. JSTOR, http://www.jstor.org/stable/resrep24892.6. Accessed 15 Jan. 2024.

[7] Lefas, Melissa, and Junko Nozawa. Rehabilitating Juvenile Violent Extremist Offenders in Detention Advancing a Juvenile Justice Approach. Global Center on Cooperative Security, 2016. JSTOR, http://www.jstor.org/stable/resrep20392. Accessed 15 Jan. 2024.

[8] Cunneen, Chris. “SURVEILLANCE, STIGMA, REMOVAL: INDIGENOUS CHILD WELFARE AND JUVENILE JUSTICE IN THE AGE OF NEOLIBERALISM.” Australian Indigenous Law Review, vol. 19, no. 1, 2015, pp. 32–45. JSTOR, http://www.jstor.org/stable/26423301. Accessed 15 Jan. 2024.

[9] Edwards, Frank. “Saving Children, Controlling Families: Punishment, Redistribution, and Child Protection.” American Sociological Review, vol. 81, no. 3, 2016, pp. 575–95. JSTOR, http://www.jstor.org/stable/24756500. Accessed 15 Jan. 2024.

[10] SOUNG, PATRICIA. “IS JUVENILE PROBATION OBSOLETE? REEXAMINING AND REIMAGINING YOUTH PROBATION LAW, POLICY, AND PRACTICE.” The Journal of Criminal Law and Criminology (1973-), vol. 112, no. 3, 2022, pp. 549–91. JSTOR, https://www.jstor.org/stable/48668661. Accessed 15 Jan. 2024.

[11] (2017) 6 SCC 1

[12] (2017) 6 SCC 1

[13] Alberts, Jennifer. “INTERROGATION OF JUVENILES: ARE PARENTS THE BEST DEFENDERS OF JUVENILES’ RIGHT TO REMAIN SILENT?” New Criminal Law Review: An International and Interdisciplinary Journal, vol. 19, no. 1, 2016, pp. 109–24. JSTOR, https://www.jstor.org/stable/26417674. Accessed 15 Jan. 2024.

[14] Platt, John S., et al. “The Challenges in Providing Needed Transition Programming to Juvenile Offenders.” Journal of Correctional Education (1974-), vol. 66, no. 1, 2015, pp. 4–20. JSTOR, http://www.jstor.org/stable/26507753. Accessed 15 Jan. 2024.

[15] Platt, John S., et al. “The Challenges in Providing Needed Transition Programming to Juvenile Offenders.” Journal of Correctional Education (1974-), vol. 66, no. 1, 2015, pp. 4–20. JSTOR, http://www.jstor.org/stable/26507753. Accessed 15 Jan. 2024.

[16] Rattan Lal v. State of Punjab, (1965), SC 444.

[17] Narotam Singh v. State of Punjab, (1978) SC 1542, (1979) 4 SCC 505.