SYNOPSIS ON-

EXAMINING THE OBSTACLES TO THE PRINCIPLE OF REINTEGRATION FOR

JUVENILES IN CONFLICT WITH THE LAW

IN COURSE OF LL.M DEGREE

UNDER THE GUIDANCE OF DR. AMRENDRA KUMAR AJIT

❖ Submitted by: - GAYATRI THAPA

❖ Class Roll No.: - CH01210001

❖ Exam Roll No.: - 23309876018

❖ LL.M (3 yr.), I sem.

❖ Subject- Legal and Social Science Research Methods

❖ Submitted to: - Dr. AMRENDRA KUMAR AJIT

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EXAMINING THE OBSTACLES TO THE PRINCIPLE OF REINTEGRATION FOR

JUVENILES IN CONFLICT WITH LAW

“There can be no keener revelation of a society’s soul than the way in which it treats its
children.”

-Nelson Mandela

INTRODUCTION-

Safeguarding the child's best interest is considered a paramount objective across legal systems
worldwide. Even if he commits a crime, he is not held to be solely responsible for his actions. It is
believed that Juveniles from the risk group who face socio-economic disadvantage, neglect, or
family challenges are often exposed to abuse, neglect, inadequate family support, and economic
hardship, which can contribute to their vulnerabilities. Juvenile delinquency is not simply
individual failure, but potentially a symptom of societal shortcomings in providing nurturing
environments for all children. According to Abraham Lincoln, “A child is a person who is going
to carry on what you have started. He is going to sit where you are sitting, and when you are gone,
attend to those things you think are important. You may adopt all the policies you please, but how
they are carried depends on him. He is going to move in and take over your churches, schools,
universities and corporations. The fate of humanity is in his hands”.
“Children in conflict with the law” (CiCL) is a child who is alleged and found to have committed
an offence and who has not completed eighteen years of age on the date of commission of such
offence.1 Labelling such children results in exclusion from society rather than assistance in their
rehabilitation. If juvenile offenders continue being criminalized while at the same time being
denied a ‘second chance’ that they deserve, their ‘chances’ will lead to nothing but their
reoffending when they grow up.2 India has a central legislation called Juvenile Justice (Care and
Protection) Act,2015 to uphold child rights. One of the prime objectives of this Act is Restorative
Justice or the Reformation of a child who is engaged with the criminal justice system. The idea
behind creating a separate justice system for CiCL is to protect them from the negative

1
The Juvenile Justice (Care and Protection of Children) Act, 2015(Act 2 of 2016), s.2(13).
2
Juvenile Justice Reforms Commission, The Rights of Children in Conflict with the Law 6 (UNICEF
Montenegro,2007)
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repercussions of the adult criminal system. These guiding principles are elucidated in global
instruments such as the United Nations Convention on the Rights of the Child (referred to as
'UNCRC'), the Beijing Rules, and the Havana Rules, and in the national context, Section 3 of the
JJ Act elucidates 16 fundamental principles that all the stakeholders must adhere to in the execution
of the Act. These Fundamental Principles are pivotal for the effective administration of juvenile
justice. Notably, one of these principles is the "Principle of fresh start": All past records of any
child under the juvenile justice system should be erased except in special circumstances3, offering
juveniles a renewed opportunity for rehabilitation and reformation.

STATEMENT OF PROBLEM:

This research seeks to identify and analyse the obstacles that impede the reintegration of CiCL
back into society. By understanding these challenges, policymakers, practitioners and scholars can
develop strategies to enhance the efficacy of juvenile justice systems and promote successful
reintegration. At times children face certain unfavorable conditions and become victims of many
types of abuse. There is increasing disintegration of the joint family system leading to the
weakening of traditional support to these children. Poverty, family problems, and lack of
opportunities push children to the margins. Social conflict and both natural and manmade disasters
not only make children homeless but also inflict on them psycho-social trauma. These children
need special care and protection. As per Juvenile Justice Act 2015 JJ Model Rules 2016, it is the
responsibility of the state government to make sure that the prescribed standards of care are
provided in the functioning of Childcare Institutions. Even if the successive JJ Acts brought in
many changes in most of the states it is not up to the level. This article focuses on the prospects
and challenges faced by Childcare institutions while providing protective care to ‘Children in
conflict with the Law’.

OBJECTIVE:

The objectives of this research are as follows:

3
The Juvenile Justice (Care and Protection of Children) Act, 2015(Act 2 of 2016), s.3(xiv)
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1. To analyse the provisions of JJAct,2015 concerning Rehabilitation and Reintegration of

‘Children in Conflict with the Law’ back in the society.
2. To delve into the idea behind the Rehabilitation and Social Reintegration of CiCL back into
society.
3. To examine the growth and evolution of the juvenile justice system concerning the process of
Rehabilitation and Reintegration of CiCL back into society.
4. To explore Judicial Activism vis. a. vis. Social Reintegration of CiCL.
5. To provide Recommendations and suggestions as to the improvement in the policy gaps in the
existing legal system concerning the Rehabilitation and Reintegration of CiCL back into society.

RESEARCH QUESTION:

1. Whether the provisions in the JJAct, 2015 apt to ensure the Rehabilitation and
Reintegration of CiCL back into society?
2. What are the obstacles to the principle of reintegration of juveniles in conflict with the law.
3. What improvements can be thought of in the form of suggestions to improve the ongoing
policy gaps surrounding the current legal system concerning the Rehabilitation and
Reintegration of CiCL back into society?

RESEARCH HYPOTHESIS:

Despite legal protections, children in conflict with the law (CiCL) in India often face challenges
in reintegrating into society. This research examines obstacles hindering reintegration and explores
potential solutions.

SCOPE OF RESEARCH:

This research will focus on examining the effectiveness of the Juvenile Justice (Care and
Protection) Act, 2015 in ensuring the successful rehabilitation and reintegration of Children in
Conflict with the Law (CiCL) into society. The scope will encompass an in-depth analysis of the
legal provisions outlined in the Act, emphasizing their practical implementation. The research will
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investigate the obstacles and challenges faced by CiCL, considering socio-economic factors,
systemic deficiencies, and the functioning of Childcare Institutions. Additionally, the study will
explore the growth and evolution of the juvenile justice system, emphasizing its role in the
rehabilitation process. Judicial activism's impact on social reintegration will be a crucial aspect,
with a focus on how legal interventions contribute to or hinder the successful reintegration of
CiCL. The scope also extends to providing recommendations and suggestions for improving policy
gaps identified during the research. By addressing these gaps, the study aims to contribute valuable
insights for policymakers, practitioners, and scholars involved in juvenile justice, ultimately
fostering an environment conducive to the holistic rehabilitation and reintegration of CiCL.

RESEARCH METHODOLOGY:

This study will adopt a mixed-methods research design, combining qualitative and quantitative
approaches. The qualitative aspect will involve a comprehensive review of the Juvenile Justice
(Care and Protection) Act, 2015, related legal documents, and case studies to comprehend the
legislative framework and its practical implications. The quantitative component will include the
analysis of statistical data on juvenile offenders and their rehabilitation outcomes, through
conducting structured interviews with legal experts, policymakers, Childcare Institution personnel,
and representatives from NGOs working in juvenile rehabilitation to gather insights into
challenges and opportunities.
By employing a multi-faceted research methodology, this study aims to provide a nuanced
understanding of the challenges and opportunities in the juvenile justice system, contributing
valuable insights for policymakers, practitioners, and scholars in the field.

LITERATURE REVIEW:
BOOK REVIEW:

• Ursula Kilkelly, Louise Forde, Sharon Lambert, and Katharina Swirak, “Children in
Conflict with the Law: Rights, Research, and Progressive Youth Justice (1st ed.) (2023)”:
This book aims to present the evidence around reintegration, highlighting measures that
support a child’s desistance from offending. In this regard, it features studies that show
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how a child in conflict with the law can exit the justice system and return safely to their
families and communities, including following a period of detention. It begins with
developing a rights-respecting approach to reintegration. After that, it explores
interventions that support positive outcomes for reintegration—such as support for
families, peer relationships and the right to rest and leisure, educational rights, healthcare,
addressing the needs of discriminated groups and fostering positive relationships—and
deprivation of liberty.
• G S Bajpai, Juvenile Justice: Impact and Implementation in India (2019): This book
attempts to identify this lacuna in the Indian juvenile justice system and study its impact
on our children. It remedies this crucial gap by juxtaposing 'what is' with 'what ought to
be.'
• Ved Kumari, The Juvenile Justice (Care and Protection Of Children) Act 2015 - Critical
Analysis (2017): The book explores socio-legal and human rights dimensions of the
Juvenile Justice System (JJS) in India. Addressing the issue from a wide range of
perspectives--sociological, demographic, legislative, judicial, and interventionist--The
Juvenile Justice System in India attempts a macro-level examination of these issues in a
multidimensional perspective. The study identifies the nature, scope, and structure of JJS,
and analyzes and identifies the stumbling blocks in its development in India.
• Vaishali Rathore, An Insight into Indian Juvenile Justice System (2019): About- The
book delves into an in-depth study of the Juvenile Justice System prevailing in India. In
order to evaluate the current system, it is crucial to understand the meaning and
definition of closely-associated terms like juvenile delinquency, children in need of care
and protection, centers for their reforms and rehabilitation, etc. While the above terms
are elaborated, the development of the Juvenile Justice laws in India over the years has
been discussed. Further, the various factors compelling juveniles towards delinquency
are highlighted, contemplating the views and theories of different scholars. The
judgments of various courts and the ratio decidendi of landmark judgments have been
accentuated to reach out to the present juvenile laws and legislations.

ARTICLE REVIEW:
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• “Juvenile Delinquency in India- Latest Trends and entailing amendments in Juvenile

Justice Act (2019)” by Deepshikha Agarwal, published in the International Journal of
Social Sciences. This paper seeks to examine the factors contributing to juvenile
delinquency and the explanations provided by scholars across different disciplines to
understand this issue. An assessment of statistical data sourced from official websites
reveals a rising trend in the participation of juveniles in serious offenses.
• “Rehabilitation and Social Re-Integration of Child in Need of Care and Protection: An
Analytical Study (2022)” by Dr. Juri Goswami and Mr. Shubham Dutta published in
the International Journal of Law Management and Humanities. This research paper
scrutinizes the rehabilitation and social reintegration processes for children requiring
care and protection. Additionally, it aims to examine the judicial perspective and the
actions taken by courts in fostering the rehabilitation and reform of juvenile
delinquents.
• “Institutional treatment for juveniles in India - a critical analysis (2016)” by Nandini
G Devarmani published in the Forensic Research & Criminology International Journal.
This paper discusses the children who need care and protection, who if not dealt with
will lead to great social problems shortly. Despite several dilemmas of correctional
administration, this paper tries to reflect on the various treatment methods
(Institutional and non-institutional) for juveniles in India.
• “Juvenile Justice System, Reforms and Policing System in India: Origin, Dialectics,
Comparisons, and Way Forward (2022)” by Suhail Sharma published in Cambridge
University Press. The article examines the growth of the legal framework on juvenile
justice in India and the causal determinants that may have driven its increase. It also
scrutinizes the policing systems as far as the legal framework on juvenile justice makes
them responsible. It delves deeply into the interactions between juvenile justice and
police systems at the institutional and procedural levels. It conducts a detailed inquiry
into the international legal framework of juvenile justice systems.
• “A Critical Study of Children Under the Juvenile Justice System in India (2016) by
Venudhar Routiya published in IOSR Journal of Electronics and Communication
Engineering. The article assesses the Juvenile Justice System in India in the light of
protected reasoning and international parameters.
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• “ Role of the Juvenile Justice System in India (2022)” by Vanshika Singh published in
Journal of Legal Studies. The paper aids in comprehending the concept of the Juvenile
Justice System in India and its necessity. The researcher employed an analytical
approach to grasp the various provisions of the JJ Act, 2000, aiming to prevent
delinquency among youth by offering care, protection, treatment, development, and
rehabilitation for neglected or delinquent juveniles.

CHAPTER I: INTRODUCTION

It is a well-accepted fact that children are the wealth of any nation. Therefore, to preserve such
wealth, it becomes necessary to take every possible step to offer them prospects for their overall
growth and development so that they become good citizens. Every child need love, care, and
protection and hence it is very much enviable to include all categories of children under the
purview of the Juvenile Justice System. Unfortunately, when we focus on the problem of
disadvantaged children, we frequently overlook juveniles who are in trouble with the law or who
require care and protection. The rationale behind such ignorance is that these children get what
they ought to have and hence endeavors are not meted out for their healing and rehabilitation. As
the juveniles are quite undeveloped, therefore, they are amenable to their environment and they
cannot figure out that their actions are contrary to the law.4 It is the responsibility of the State to
undertake efforts to develop a comprehensive plan ensuring the provision of care, treatment, and
rehabilitation for all children at an individual level. Adopting a model within the juvenile justice
system that prioritizes the well-being of the child and upholds their rights is crucial. The Juvenile
Justice (Care and Protection of Children) Act, 2015, includes specific provisions addressing the
care, protection, treatment, development, and rehabilitation of juveniles facing neglect or
delinquency. This legislation has outlined a thoughtful and cautious strategy for the rehabilitation
and social reintegration of children residing in children's homes or shelter homes. This includes
alternative processes such as adoption, foster care, sponsorship, or placement in an after-care
organization.

4
Dr. Kamaljit Kaur, “Rehabilitation and Reintegration of Juvenile in conflict with Law with reference to Adoption
and Foster Care under The Indian Juvenile System” 3 PAPRIPEX-Indian Journal of Research 4 (2014) available at:
https://independent.academia.edu/DRKAMALJITKAUR
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CHAPTER II: PROVISIONS OF JJ ACT,2015 WITH RESPECT TO REHABILITATION

AND REINTEGRATION

This Chapter focuses on the provisions of the JJ Act,2015, focusing on the provisions concerning
the rehabilitation and reintegration of the juvenile back into society. The process of rehabilitation
and social integration of the kid will begin based on the child's particular care plan. Family-based
care, such as restitution to family with or without monitoring, sponsorship, adoption, or foster care,
is preferable. If a child in dispute with the law is not released on bond, observation homes are an
appropriate venue to begin the process of rehabilitation and social integration.5 Wherever the child
has been placed, the process of rehabilitation and social integration will commence, and if the child
cannot be placed with a family for any reason, the child will be placed in an institution created
under this Act for such children6. Further, Sec. 3(xiv) of the Act provides, “All past records of any
child under the Juvenile Justice system should be erased except in special circumstances.” It is
crucial to understand that the JJ Act has specific provisions in place to support the "Principle of
Fresh Start." Section 24(1) of the act safeguards children in conflict with the law (CiCL) from any
disqualification, while Section 74(2) explicitly prohibits the police from disclosing any records of
a child for a character certificate or otherwise, if the case has been closed or disposed of. These
provisions form a strong foundation for the "Principle of Fresh Start," which is a fundamental
guiding principle in administering the JJ Act.

CHAPTER III: THE GROWTH AND EVOLUTION OF THE JUVENILE JUSTICE

SYSTEM CONCERNING THE PROCESS OF REHABILITATION AND
REINTEGRATION OF JUVENILE BACK IN THE SOCIETY

This chapter starts with the idea behind the rehabilitation of juveniles highlighting some
International Conventions for child rights. The main idea and focal point of reintegration is to re-
create relations with society. Moreover, the development of juvenile justice jurisprudence in our
country is ongoing, with new challenges arising daily. These challenges provide an opportunity

5
The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No. 2 of 2016), s.39(2)
6
Id.s.39(3)
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for courts to establish a positive legal precedent on the subject and offer us the ability to view
issues from various perspectives. The evolution of the juvenile justice system in India can be traced
back in the year 1773. Then the developments that took place in the whole British period and
continued after the post-constitution era throw light on the fact that our country is a strong advocate
of Child Rights and our Legislature and Judiciary work hard to identify these challenges from time
to time and amend the existing policies. However, a lack of resources and few policy gaps hinders
the process of rehabilitation at times.

CHAPTER IV: JUDICIAL ACTIVISM VIS. A . VIS REHABILITATION AND

REINTEGRATION PROCESS OF JUVENILES

The role of the judiciary is highly significant when it comes to adjudicating cases involving
juveniles. Court decisions mirror the judiciary's stance on the reformation and rehabilitation of
children. While laws are enacted by the legislature, the judiciary identifies loopholes through its
decisions, introducing novel perspectives and addressing aspects overlooked by the legislature. In
the realm of juvenile delinquency and rehabilitation, the judiciary has made substantial
contributions by resolving numerous issues through its decisions. Before delivering judgments, the
Courts consider various factors related to juveniles. They analyze aspects such as the reasons
prompting juveniles to commit certain acts, the family background, and the psychological
condition of the juveniles. In the past, the Courts have undertaken affirmative measures to reform
and rehabilitate juveniles, offering them enhanced opportunities for development and growth. In
this Chapter landmark judgements have been highlighted to show the Judiciary’s potent role in
safeguarding the process.

CHAPTER V: SUGGESTIONS

Chapter 5 highlights some suggestions, which was the ultimate objective of this research work.
The complexities of juvenile issues demand the utmost sensitivity and a well-structured approach.
Addressing their challenges effectively requires comprehensive consideration of factors like
family dynamics, emotional well-being, educational opportunities, socioeconomic background,
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and even the broader political climate that shapes their lives. Cultivating strong moral principles
in individuals and communities alike holds immense potential for curbing juvenile delinquency
and fostering a more responsible future generation. Ensuring adequate funding for correctional
institutions, potentially through sponsorships, could significantly improve the rehabilitation of
juveniles. With sufficient resources, these facilities can provide better living conditions, including
quality food, clothing, educational materials, and other essential items. This enhanced support
system can foster a more positive and rehabilitative environment for young individuals in the
justice system.

CHAPTER VI: CONCLUSION

The concluding chapter of the research, summarizes the findings of the study and answers the
research questions. It discusses that rehabilitation and social reintegration of the child is the
primary object. As Gandhiji said a ‘person cannot be corrected by hate but by love and affection’
especially when it comes to children. Therefore, The Juvenile Justice Act should be made more
effective and it must be properly implemented. Currently, we do not recommend the introduction
of a new law specifically for juveniles; rather, the existing Act is deemed adequate for addressing
juvenile issues. Moreover, under the current JJ Act of 2015, the requirement for State Governments
to establish Observation Homes is not obligatory. To enhance its effectiveness, it is suggested to
make this establishment mandatory by replacing the term "may" with "shall" in Section 47(1) of
the JJ Act, 2015. In the present scenario, the task of rehabilitation and reintegration has become
intricate due to the large number of children requiring care and protection. Despite the provisions
of the JJ Act 2015, which categorizes children in need of care and protection based on their societal
placement, the sheer volume poses challenges. The legal framework concerning juveniles is
comprehensive, but the real challenge lies in the attitude of individuals directly involved with these
children. The term "Home" typically evokes sentiments of psychological and heartfelt affection,
yet a similar emotional connection appears to be lacking in correctional homes. Understanding the
reasons behind this disparity is crucial. Addressing questions about why children still face neglect
in society is essential to improve the overall approach.
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BIBLIOGRAPHY:

PRIMARY SOURCES:

• The Constitution of India

• Juvenile Justice Act (Care and Protection) Act, 2015 (Act 2 of 2016)
• Sheela Barse v. Union of India, AIR 1986 SC 1773

SECONDARY SOURCES:

Books:

• S.K. Bhattacharyya, Juvenile Justice: An Indian Scenario (Daya Books,2000).

• G.S Bajpai, Juvenile Justice: Impact and Implementation in India (Bloomsbury Publishing,
2019).

Articles:
• Rini Rastogi, “Critical Analysis of Juvenile Justice System in India." Legal Lock J. 2
,18(2023)
• Saurabh Rathore, “Juvenile Justice in India: An Analytical Study." of Legal Studies: 20.
• Nandini G Devarmani, Institutional treatment for juveniles in India - a critical analysis.
(2016)
• Nilima Mehta, “Child protection and juvenile justice system." Mumbai, Childline India
Foundation (2008).
• Vanshika Singh, "Role of Juvenile Justice System in India." Journal of Legal Subjects
(2002)

Journals:
• International Journal of Law Management and Humanities.
• International Journal of Multidisciplinary Research.
• International Journal of Social Sciences