Prayagraj: In a landmark judgment interpreting the Juvenile Justice law, the Allahabad high court has held that the objective of the law is not merely to punish children in conflict with the law, but to ensure their rehabilitation, development and reintegration into society.The HC stated that the entire framework of the Juvenile Justice Act is built on the premise that a child in conflict with the law is not merely an accused of a crime; equal concern must be given to their development, education, identity and future. Therefore, the Juvenile Justice Board and Children’s Courts must act not just as adjudicating bodies, but as institutions dedicated to ensuring the child’s rehabilitation and a better future.The court observed that the Juvenile Justice Act, 2015, has shifted from a harsh punitive system towards rehabilitative justice, and that Juvenile Justice Boards and Children’s Courts must fulfil their responsibility towards rehabilitation and reintegration alongside their judicial duties.Justice Ajay Bhanot delivered the judgment on Aug 31 while hearing appeals filed by two juvenile offenders from Kasganj and Jalaun.The court noted that India ratified the United Nations Convention on the Rights of the Child on December 11, 1992. Subsequently, comprehensive provisions were incorporated into the Juvenile Justice law, keeping the best interests of children in mind. The act aims to safeguard the interests of both children in conflict with the law and children in need of care and protection.The court highlighted key principles under Section 3 of the Juvenile Justice Act, including the best interests of the child, positive measures, institutional care as a last resort and non-judicial alternative measures.The court held that every decision must prioritise the best interests of the child and provide a conducive environment for the full development of their potential.According to the court, the aim of the law is not to isolate children from society through punishment, but to empower them and bring them back into the mainstream. The Juvenile Justice Board and Children’s Courts also act as guardians of the child. In this system, courts discharge their responsibilities under the principle of parens patriae (guardian of the child).The HC stressed that the Juvenile Justice Board must ensure the informed participation of the child and their parents or guardians at every stage of the process. The rights of the child must be continuously protected, from arrest and investigation to care and rehabilitation. If a child in conflict with the law is also found to be in need of care and protection, provisions exist to refer the matter to the Child Welfare Committee.Citing provisions of the Juvenile Justice Rules, the court stated that, if necessary, the board should issue a rehabilitation card to monitor the child’s progress. If a child’s education has been disrupted due to pending inquiries or their stay at a child care institution, appropriate orders should be passed to re-enrol them in school or facilitate the continuation of their education.The court further clarified that the process of rehabilitation and social reintegration does not end with the child’s release. The Juvenile Justice Board must continue its oversight and care. When handing over a child to a fit person, institution or probation officer, ensuring proper care, education and welfare remains essential.Referring to Section 14 of the Juvenile Justice Act, the court stated that board proceedings should be as simple as possible and that the child must be provided with a child-friendly atmosphere throughout the process. The judicial process must not instil fear or pressure or subject the child to social exclusion.The court also emphasised that a Social Investigation Report must be obtained before passing any final order regarding a child. Every dispositional order must include an Individual Care Plan for the child to establish a concrete framework for their rehabilitation, education, development and reintegration into society.
