From Incarceration To Education - Transforming Juvenile Justice For A Brighter Future
Author: LawSphereX
Category: Criminal Law
Published:
Updated:
FROM INCARCERATION TO EDUCATION:
TRANSFORMING JUVENILE JUSTICE FOR A BRIGHTER FUTURE
Vashundhara Kashmira, B.A.LL.B, Banasthali Vidyapith, Rajasthan
ABSTRACT
According to National Crime Bureau (NCRB), India’s crime rate in 2024 was 445. 9 per 100,000 people and ranked 83rd out of 146 countries in global rankings in 2024 crime index by Numbeo. A big portion of this crime are committed by juveniles, this raises serious concerns about the development of country’s youth. Juvenile delinquency raises question on the country’s both education and justice system. Many of these juveniles are repeated offenders and besides the law provided for them, there remains a place of improvement to handle them while safeguarding their right to education. The main objective of this paper is to examine evolution of juvenile justice system in India over time and identifies areas of improvement by shifting focus from punitive measures to rehabilitative measures rooted in education.
Studies have shown that most of the juveniles who engage in such criminal activities have come from disadvantaged background, they are lack of education, sketched of poverty and have a broken family structure and often lack proper guidance of moral and social ethics, such conditions can create environment in which criminal behaviour may be perceived as a means of survival or expression to underline frustration This paper systematically explores the factors that contribute to the involvement of juveniles in criminal activities. Upon concluding this paper, readers will gain a comprehensive understanding of significance of education as a foundational tool for empowering juveniles to make them a law-abiding citizen rather than resorting to their reincarceration.
Keywords: Juvenile justice Reform, Education For All, Rehabilitation Over Punishment, Youth Development, Empowering Juveniles, Right To Education
Introduction
The rising number of juvenile delinquencies and youth incarceration can be seen as a major setback in India’s development particularly in relation to education of juveniles and youth. Juvenile delinquency is one of the most crucial challenges for justice system as well as the education system of the country. Many scholars, criminologists and psychologists have raised questions on the upbringing, education as well as rehabilitation of these juveniles and it has been a subject of debate challenging that whether youth incarceration is the ideal solution to address these delinquencies? They argue that juveniles lack fully developed cognitive abilities and decision-making skills, unlike adults, they can easily be influenced by the external sources and may act impulsively or without fully grasping the potential repercussions of their actions.
Their vulnerability compounds their ability to take independent, well-informed decisions. The justice system must recognize the extent of holding any young offender accountable as their capacity of judgement is still evolving and treating juveniles is very much different from treating an adult primarily focusing on their capacity for change and rehabilitation. Education is the most important element for a development of a civilised citizen and a good human being. The national academic press, Washington DC in a workshop ‘Education and delinquency,2000’1 have examine that education and juvenile delinquencies are fundamentally linked.
Studies have shown that most of the juveniles who engage in such criminal activities have come from disadvantaged background, they are lack of education, sketched of poverty and have a broken family structure and often lack proper guidance of moral and social ethics, such conditions can create environment in which criminal behaviour may be perceived as a means of survival or expression to underline frustration. These evidences clearly show that lack of education is the fundamental issue contributing to juvenile delinquencies, Rolf Loeber, of the University of Pittsburgh Medical Center, Western Psychiatric Institute and Clinic,2 cautioned that the relationship between juvenile delinquency and education should not be oversimplified. 1 National Research Council, Education and Delinquency: Summary of a Workshop, National Academies Press (2000), https://nap. nationalacademies.
org/catalog/9972/education-and-delinquency-summary-of-a-workshop (last visited Feb. 10, 2025). 2 University Times, Pitt’s New Policy Makes Faculty Hiring Process More Inclusive, University Times (Aug. 27, 2021), https://www. utimes. pitt. edu/archives/? p=47074 (last visited Feb. 10, 2025).
Incarceration of juveniles as a retributive method of punishment has been widely criticized by the scholars because of its inability to find the root cause of the criminal behaviour of juveniles. While the juvenile offenders in India is governed by Juvenile justice (care and protection of children) Act,2015 which emphasizes rehabilitation and re-integration of juveniles, its implementation is weak. Many juvenile home lack structured education and rehabilitation programs, they are deprived of critical development support ultimately deepening their alienation from society. The rigid structure of incarceration of juveniles where young offenders are denied of opportunities to rehabilitate and lack of education resources, their chances of successful reintegration in society is reduced.
This phenomenon necessitates a comprehensive reassessment of policies that prioritize incarceration over rehabilitative and developmental interventions. The progressive reform of juvenile justice system is need of an hour, the education centric rehabilitation is really necessary for transformation of juvenile offenders and their reintegration into the society. Need of reforms centered on addressing the factors leading juvenile delinquencies as well as various alternative of incarceration, this will offer them second chance to foster their positive development and also reducing the chances of leading meaningful unproductive lives of the youth of the country. Education as a central tool must be used to rebuild their lives and to reduce recidivism rate, it is crucial for shaping the future of youth of India.
India as a country with largest youth population, increasing juvenile crime is a threat to development of the country. The increasing involvement of juvenile in criminal activities indicate that reforms in current justice system for juveniles is necessary. These juveniles often lack access to education as a result their involvement in criminal activities is increasing. To address these issues, access to quality education and usage of rehabilitative tools lie vocational training can lead to productive development of these juveniles. Addressing the factors that lead the juveniles to commit such offences is important for country’s socio-economic development and future of the youth.
Reforms in juvenile justice system is necessary like rehabilitative measures should be taken instead of punitive measures, focus on education and development of these juveniles rather than focusing on punishments, then only India can ensure a brighter youth population and increase in socio-economic growth.
Origin and Evolution of Juvenile Justice system: Milestones, Challenges and Trends The rapid growth in industrialization and urbanization while contributing positively in the socio-economic growth of India, a rapid increase in criminal offences was also seen with the notable increase of juvenile delinquencies. This raises serious concerns and was a threat to not only the society safety but also the future of nation’s youth. The need of a legal framework to prevent juveniles from becoming habitual offenders was need of an hour. The adult criminal system lacked essential provisions to treat juveniles such as Education, rehabilitation programs. Lord Thomas Babington Macaulay during the colonial period in 1860 influenced the need for a juvenile justice system in India.
He recognized that Juveniles are at a critical age of life and they lack the full cognitive, physical and emotional development so a specialized system was needed to address the root cause of the criminal behavior of such juveniles such as lack of education, dysfunctional societal environment. He emphasized that treating juveniles under adult criminal procedure can often lead to their exposure on more criminal activities and denial of opportunities which can increase the risk of recidivism. He emphasized that by treating juvenile by focusing on their rehabilitation and not punishments can only lay the foundation for a more humane justice system in India. Juvenile justice system is a combination of rehabilitative measures as well as socio-economic development of juveniles to address the juvenile delinquency less harshly from the adult trial.
Juveniles have a very long life in front of them so rather than focusing on punitive measures to control crime, rehabilitative measures was adopted so that juveniles can reintegrate in society as a law-abiding citizen and can live their life happily and fully. This framework not only ensures the development of such juveniles but also the socio-economic growth of nation’s youth. Origin of Juvenile justice system in India Juvenile justice in India has evolved significantly over the years shaped by societal needs, reforms and global trends. The system is rooted in colonial era. Where Lord Thomas Babington Macaulay, who played the pivotal role in drafting criminal procedure code and Penal code of India. The Idea was further developed into legislative reforms addressing such issues.
• The Apprentices Act, 1850 It was the first legislative step towards the development of juvenile justice system in India. it provided the children convicted from petty criminal offences to apprenticeships under this act children under 15 years of age who were involved in petty offences were located to do apprentices rather then sending them to prison. The mail objective of this act was reformative and not punitive ensuring to implant discipline and skills to them. But this act was limited in scope and failed to administer the root cause of the activities and to address juvenile delinquencies. The act was however focused on children under 15 years leaving the gap in regulations for children under 16 to 18 years.
The act also failed to provide adequate safety training measures and education for apprentices hence many children were exploited as a cheap labor which pushed them over the edge of becoming criminals. The act favored the interests of British industries where colonial profits were prioritized rather than juveniles’ development and economic growth of the country. • The Reformatory Schools Act, 189 The Reformatory Schools act 1897 was another act enacted during the British rule to address juvenile delinquencies. The act established the reformatory schools where young offenders were detained for the purpose of reformation instead of being sent to prison. The main objective of the act was rehabilitation of young offenders. This was another milestone as a progressive step in developing juvenile justice system in India.
The act focused on rehabilitation of juveniles by giving opportunities like education, ethical and moral education and vocational training etc. juveniles were separated from adult criminals which reduced the exposure of criminal environment. However, lack of funds and infrastructure limited the implementation process of the act. Many reformative school and poor living conditions, lack of qualitative education and harsh disciplinary principles which was less effectual towards the aim of the act. • Independence rand recognition of child welfare needs, 1947 The independence era brought the renewed focus on country’s justice system and socioeconomic growth. The juvenile justice system was also addressed comprehensively. The Constitution of India (1950)3 laid certain duties and commitment of nation toward the child welfare.
Article 39 (e) and (f) mandates the state to protect children from abuse and guarantee them right to education, health and development. This provided the groundwork
3 Constitution of India, 1950, India Code (as amended)
for reforms under the juvenile justice system and led to formulation of legal frameworks aimed at rehabilitation and reintegration of these juveniles. In 1959, India became the signatory of United Nations declaration of rights of the child, reflecting its commitment toward the children’s rights. • The Children Act, 1960 The recognition of children rights under the international conventions and also under constitution of India led to enactment of Children Act in 1960. It was aimed to replace the colonial-era laws addressing the needs of juvenile offenders. It ensures that the children accused of crime were guided toward reform by providing observation homes, juvenile courts treating them with sensitivity. It recognized the needs of these vulnerable children and focused on reforming children rather than punishing them. In Raghbir v.
State of Haryana4, the court emphasized that juveniles should be treat differently from adults which led to the introduction of juvenile courts ensuring child friendly and sensitive justice process. However, it was applicable initially to only union territories which reduced the effective implementation process towards the whole country. Lack of funds, trained personnel and infrastructure was also one of the main reasons of its failure. • The Juvenile Justice Act, 1986 It was one of the landmark laws introduced in India. The act constituted of standards of rules and regulations to handle juvenile justice. The act was enacted with a welfare-centric approach focused on juvenile’s reintegration in society and not punishments.
It coordinated with United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing rules, 1985) 5and also with Article 15(3), 39(e) and 39(f) of the constitution which ensured and protected children’s rights in India. In Sheela Barse v. Union of India (1986)6, The supreme court emphasized that special court to treat juvenile crimes should be instituted reinforcing child-centric approach. So, the act provided separate institutions to keep juvenile offenders rather than keeping them with hardened criminals. However, this too was weakly implemented due to lack of funding and scope of rehabilitation programs
4 Raghbir v. State of Haryana, AIR 1981 SC 2037, (1981) 4 SCC 210, 1982 SCR (1) 686.
5 United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), G.A. Res. 40/33, U.N. Doc. A/RES/40/33 (Nov. 29, 1985).
6 Sheela Barse v. Union of India, AIR 1986 SC 1773, (1986) 3 SCC 596.
under the act was also inadequate in keeping with the crime committed by juveniles limiting their effectiveness. • India’s rectification on the UN Convention on the Rights of the child (UNCRC), 19927 In 1992, when India became the official signatory of UNCRC stepping its commitment to protect children’s right, it was the monumental step in the development of juvenile justice system. The step aligned with the obligations of India under Article 21(A), 15(3) and 39(f) emphasizing education, protection and development of children. It changed India’s juvenile justice system ensuring the rights and dignity of such offenders shall be respected. However, socio-economic barriers like poverty, child labor and lack of education of children limited its actionable principles and remained inconsistent.
• The Juvenile Justice (Care and Protection Act) Act, 2000 The landmark milestone under the juvenile justice system in India was Juvenile Justice (care and protection) Act, 2000. It replaced the juvenile justice act, 1986 with the significant changes. India’s rectification in UNCRC necessitated reforms under the justice system to match with international standards. Its main aim was to rehabilitate and reintegrate the young criminals and to handle juvenile cases sensitively. The main problem in this act was its implementation, in reality due to disparities among children and uneven treatment of juveniles, it was harder to implement it successfully. The act also faced criticism for treating every young offender uniformly irrespective of the severity of their offenses so to mitigate the criticism later in Pratap Singh v.
State of Jharkhand(2005)8, Supreme court clarified that to ensure fair treatment of juveniles, it is important to determine whether the accused qualifies to treat as a juvenile. And also, in Salil Bali v. Union of India (2013)9, The supreme court upheld the age of 18 as a threshold for juvenility emphasizing the focus should be rehabilitative and not deterrent. • The Juvenile Justice (Care and Protection) Act, 201510 After the Nirbhaya incident (Mukesh & anr. v. State of NCT 201511) which shook the
7 United Nations Convention on the Rights of the Child, 1992, U.N. Doc. A/RES/44/25 (Nov. 20, 1989).
8 Pratap Singh v. State of Jharkhand, (2005) 3 SCC 551, AIR 2005 SC 2731
9 Salil Bali v. Union of India, (2013) 7 SCC 705
10 The Juvenile Justice (Care and Protection of Children) Act, 2015, No. 2 of 2016, India Code.
11 Mukesh & Anr. v. State of NCT of Delhi, (2017) 6 SCC 1, AIR 2017 SC 2161
country to its very core brought significant attention to need of reforms under juvenile justice act as one of the accused was a juvenile and barely months away from turning 18 so he was treated as juvenile and was given maximum penalty of three years in a reform home. The nation widely criticized the system said they failed to deliver adequate punishments to the criminals. In response to this the juvenile justice (care and protection) act,2015 was introduced with necessary reforms and striking a balance between rehabilitation and punishment. The act addresses the treatment of juveniles involved in heinous crime to face adult trials and strict punishments. The act aimed at creating deterrent effect with introducing strict penalties under the juvenile justice system. The act ensured that juveniles under 16-18 can be tried as adults for serious crimes.
The act also constituted juvenile justice board to asses these trials. However, some critics argued that trying juveniles under the adult trial can expose them to criminal environment and make them hardened criminals increasing the risk of recidivism. It was also argued that the provision contradicts the frameworks of UNCRC of which India is a signatory. The act focused on creating the deterrent effect rather than understanding the root cause of the delinquencies and address them. Than in the case of Shilpa Mittal v. Union of India (202012), the Supreme court cleared that the word ‘heinous crime’ only refer to those crimes which carry a minimum seven years of imprisonment. The evolution of Juvenile justice system in India has seen a shift occurred from punitive measures to rehabilitative approaches.
The evolution was aimed to make a progressive reform emphasizing the need to address root cause of juvenile delinquencies. While many reforms are been made there is still gaps to fill in the system ensuring welfare of juveniles as well as public safety focusing on rehabilitation and reintegration of juveniles into the society. "Young and Confined: The Dilemma of Juvenile Incarceration" Juvenile incarceration has always remained a topic of debate within the criminal justice system. In India, the juvenile delinquencies are covered under Juvenile justice (care and protection of children) act 2015, it is a legal framework that govern juvenile who have committed heinous crimes under 16 to 18 years of age should be imprisoned. It was built with a reformative yet deterrent aim to balance the rehabilitation and punishment of youth offenders under heinous
12 Shilpa Mittal v. Union of India, (2020) 2 SCC 728.
crimes. Before the Nirbhaya case juvenile justice system were aimed not to punish but to rehabilitate emphasizing education, development and moral guidance but after that incident the topic about violent offences committed by juveniles and lack of public safety fueled public outrage and media coverage as a result, the act of 2015 shift back towards deterrent approach rather than focusing on rehabilitation. Critics argue that juvenile incarceration, as a primary response, fails to address the root causes of the criminal activities caused by the juveniles. The use of incarceration as a strategy to increase public safety is not effective enough.
It is also argued that incarceration harms young people’s physical and mental health and can cause significant trauma, meddle in their educational and ethical development and often exposes them to an environment from where reintegration of society is very tough, this offers no benefit to public or the youth. Juveniles delinquencies often sketched from issues such as poverty, lack of education or exposure of abuse and violation since the birth of the child and imprisoning young offenders does not address these root cause instead they expose them more to the negative and violating environment stripping them off the opportunities and increase the chances of recidivism rather than reducing it. Whereas some argue in support of detention of youth offenders engaged in serious criminal activities ensuring public safety concerns and justice to victim as well as creating a deterrent effect.
They argued that while rehabilitation and reintegration are a important components of the juvenile justice system, there are instances where the severity of crime demands more strict punishments to ensure the justice to victim and safety of the society. While minors are considered vulnerable, the number of heinous crimes committed by minors are increasing day by day and it seems that rehabilitation and reintegration programs are not a suitable punishment for such minors. Public safety is also one of the factors for detaining juveniles of serious crimes such as murder, rape and terrorism which pose a direct threat to public safety. Detention in such cases are a protective measure to prevent such offender from causing any more harm.
They also argued that justice is a fundamental right of a victim, detention values the right and dignity of the victims ensuring justice and maintaining trust in the justice system. Proponents also argued that it acts as the deterrent affect sending a strong message to society, these strict measures can discourage them to engage in further criminal activities. In cases of the heinous crimes, purely rehabilitative punishments may not act as a sufficient measure to ensure justice, detention is a practical and moral response to the gravity of offense ensure right to fairness and justice to all individual, upholds the rights of victim and protect the society which is literally the main objective of the criminal justice system.
According to a research in the sentencing project from 2000-2022, India has seen a significant decline in offences by juveniles, from 108,800 to 26,000- a 75% decline!! but still far too many juveniles are still committing serious crimes. Despite the overall decrease, certain regions have reported increases in juvenile crime rates. For instance, Delhi experienced a 42% rise, Maharashtra saw a 12% increase, and Madhya Pradesh reported a 13% uptick in juvenile offences. This data shows the complexity in juvenile justice system of India. So a comprehensive approach combining rehabilitation and punitive measures is essential for a long term solution. Juvenile incarceration remains a debatable issue with valid arguments on both sides.
While public safety and victim justice is important but need for rehabilitation of young offenders is also important we must not overshadow the need of rehabilitative measures to address the root cause of juvenile delinquencies. One measure to address the root cause of juvenile delinquencies is Education. By focusing on education and moral development of these juveniles the system can create long lasting effect ensuring public safety as well as reintegration of such juveniles. Breaking the cycle: Education as the key to prevent juvenile delinquencies Juvenile delinquencies have been a serious concern in the society from very long. The situation is created from multiple factors like socio-economic disadvantages, criminal environment and other psychological influences. Addressing these effectively requires understanding of these factors and adopting rehabilitative measures.
Factors influencing juvenile delinquencies: Crimes are not inherent by birth but result of adverse circumstances that shape a juvenile’s behavior. These factors are social, familial, economic or psychological.
1 Socio- economic disparities
One of the most notable factor is poverty, children that are economically backed often lack resources to survive like food, shelter, education etc. this can create an environment where they can be rebellious for the survival and can engage in crimes. Such economically weak juveniles have high chances of committing crimes. Study revealed that in 2020, out of 35,352 juveniles apprehended 83.3% were illiterate and comes from a disadvantaged background.
2 Dysfunctional environment in families
Families shape the moral and ethical development of a child. Juveniles from dysfunctional family where parents are victim of substance use, violent behavior and lack emotional support to give to the children often engage in criminal activities as a part of group. They lack guidance, support and positive environment in the family which fails to implant discipline and moral education in the behavior of such children.
3 Social influence
Negative environment in the society near them can drive them to become young offenders. These environments can be a strong motivation to go to the wrong path for these juveniles.
4 Lack of education
Education play the most important role in shaping a law-abiding citizen. Children who are illiterate or dropout of the school are more likely to engage in criminal activities. By not having access to education, they can miss on the opportunities of their cognitive, skill and personal growth.
5 Emotional Factors
Children with unresolved past traumas, mental health disorders or experiences of abuse, bullying or low self esteem are vulnerable and likely to engage in criminal activities.
6 Exposure to negative technology
Exposure to violent content like pornography, cyberbullying and cybercrimes can really affect a juvenile’s behavior where he can easily catch up on such things and get influence to do such criminal activities self. Juvenile delinquency is a serious issue, these factors create an environment which pushes vulnerable children above the edge of becoming a criminal. Addressing these is essential for preventing such criminal activities. Talking a proactive approach like access to education, fostering positive environment in the society and socio-economic empowerment we can reduce juvenile delinquency. Among all, the most transformative tool for preventing juvenile delinquencies is education. It socially transforms juvenile offender to a law-abiding citizen by implanting education, moral and ethical development like discipline and vocational skills. In Bachpan Bachao Andolan v.
Union of India (202113), The supreme court emphasized the need for comprehensive educational and rehabilitative frameworks within juvenile detention centers. Addressing juvenile delinquencies through education
1 Access to education
The most important step to combat these crimes is ensuring all juveniles have access to education providing resources to juvenile home centers. This gives them a fair chance to transform their future and reintegrate into the society.
2 Promoting engaging learning techniques
Their must be an environment where child engage in the learning. Creating a supportive and motivating culture, experiential learning and interactive session in the centers can make juveniles wants to learn more.
3 Fostering moral and ethical education
Incorporating moral and ethical learning in their education can shape their young minds and behavior, encouraging juveniles to make positive choices focusing on their emotional intelligence can help in navigating their behavior.
4 Vocational training and skill development
Engaging them in fields which can enhance their practical skills and employability can provide pathway to a better future. Activites such as music, arts and sports can really shape these juveniles behavior and create opportunities helping them in positive social interaction.
5 Mental health needs
Prioritizing their vulnerability and mental health of students by employing trained counselors and psychologists to identify their behaviourial issues at the detention center is necessary. Also, alongside this, a safe space to be provided where they can express themselves and seek guidance which can foster their good behavior.
6 Community based programs
Involvement of parents and community is crucial. By organizing workshops, seminars related to the education and environment of juveniles, creating awareness and encouraging society to build a positive environment we can
13 Bachpan Bachao Andolan v. Union of India, (2021) 5 SCC 1
shape these juvenile offenders’ future positively. Education is a comprehensive approach to tackle juvenile delinquency by empowering juveniles to build a better future. The transformative power of education can shape their values, build resilience and provide opportunities for them we can give them chance to reintegrate into society positively. Studies have shown that access to education reduces juvenile offenders’ chances of becoming a habitual offender and it can foster their growth as a productive member of society. Moreover, it gives them opportunities to escape the hardships like poverty, abuse and negative behavior. Education fills the gaps in justice system and also contribute to public safety positively. Building second chances: The future of juvenile justice system The future of juvenile lies in creating a system recognize the potential of youth.
By bringing education in the juvenile justice as a reformatory measure we can create a path ensuring public safety as well as reintegration of youth offenders in the society. Education has proven a positive instrument in rehabilitation of juvenile criminals giving them second chance to fresh start their life as a law-abiding citizen. Successful examples like Bal Adalat (children’s court), that implemented in Maharashtra where education is used as a key measure of juvenile rehabilitation. Another landmark example of setting education centric measures in establishment of Delhi Juvenile Justice Board which has prioritized education as a rehabilitative effort. The juveniles get guidance and support, they complete their higher education and the board also provide skilled training to them.
Another success story is from Tamil Nadu, where a juvenile convicted of robbery underwent training and education and acquired skills leading to a stable life. These case highlights that how education serves as one of the most important measure enabling juveniles to rebuild their lives and also creating a crime free environment. The Juvenile Justice (Care and Protection) Act,2015 is a landmark step towards the development of juvenile criminals but still need amendments mandating education in all juvenile homes and to all juvenile criminals. Punishment can not alone address the root cause of these delinquencies, rehabilitation centered around education ensures that these vulnerable minds can be rehabilitate into a good educated society member. Then only we can shape a brighter future for the society and contribute positively in the socio-economic growth of the nation.
Juvenile incarceration and education are constitutionally linked, the government should strengthen the intervention of the education programs to prevent involvement of juvenile offenders in more serious criminal activities.
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