Reformative Aspect of Juveniles in Conflict with Law During and After Incarceration: A Critical Analysis

ABSTRACT

Children are considered a stone that forms the base of any developing society and is viewed as the future of the nation. In the present-day crimes committed or involved by minors are ungovernable, and as a result, this reflects a particularly bitter attitude towards these juvenile offenders. The juvenile justice system in India has been at a critical juncture throughout history. There is a grave concern that our approach has deviated from reformation, rehabilitation, and aftercare system and has been miserably unsuccessful in achieving its goal of limiting the crime committed by juveniles. This has repeatedly ignited a clamorous desire for the proper implementation of the law and policy among many in society. Predominantly The Juvenile Justice (Care and Protection of Children) Act 2015 is reformative in nature. Reformation and rehabilitation go hand in hand. “Reformation’’ means the process of making changes in somebody for the better. “Rehabilitation’’ means the act of restoring someone to their original state through training, therapy, and education. In the current scenario, despite having reformative law, does the rehabilitative approach towards the children in conflict with law committing heinous crimes lead to reformation in the child? The researcher will examine through this paper the status of children in conflict with law in the context of reformation and rehabilitation during and after incarceration. The researcher will also focus on the set of reform and rehabilitative measures for children in conflict with law.

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