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Children are the living asset of our country it is the duty of the society to save their childhood and nourish it for their best future. Children from vulnerable background are often exposed and neglected by their family, peers, society, teachers etc. The neglected children are either fallen victim to crime or they opt to commit offence. Every time a child is neglected and forced to suffer such abnormalities; the nation loses its future. Juvenile Justice (Care and Protection of Children) Act 2015 is designed to deal with the child in conflict with law and child in need of care and protection. The purpose of JJ Act 2015 is to cater the child through giving him protection, treatment, rehabilitation and development to ensure the best interest of child. And among these rehabilitation of a child is the foremost concern so that the best environment could be provided to that child in a roof. However, institutionalization is considered the last resort taken by Juvenile Justice Board or Child Welfare Committee after conducting due enquiry. In this paper we will discuss about the rights of child, responsibilities of JJB and CWC and rehabilitation process of child falling in either of the categories.

The objective of this paper is to do the analytical study of rehabilitation of juveniles and neglected children in India.

DEFINITION OF CHILD

According to Black’s Law Dictionary “a child must be less than 14 years old. Barnhill's Adm'r v. Mt. Morgan Coal Co., D.C.Ky., 215 F. 608, 610. A minor more than 15 years of age is not included within the meaning of the term. Paulk & Fossil v. Lee, 31 Ga.App. 629, 121 S.E. 845.”[1]

.Article 1 of Convention on the Rights of the Child, 1989 says “child means.every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.”[2]

In   The Child Labour (Protection and Regulation) Act, 1986 s. 2(ii) states that “child means a person who has not completed his fourteenth year of age.” [3]

Whereas s. 2(b) of The Prohibitions of Child Marriage Act, 2006 states, “child means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age.”[4]

However, The Juvenile Justice (Care and Protection of Children) Act, 2015 provides  gender-neutral definition of child under section 2(12) which “means a person who has not completed eighteen years of age.”[5]

"Delinquent child" means a child who has been found to have committed an offence (s. 2(j) of The Children Act, 1960).[6]

But it is a mystery to apply the accurate definition of a child as its sometimes gets mix with the definition of minor. Every law has been made based upon their objectives and therefore the definition of child is different but it cannot be denied that it has created an ambiguity and confusion. The definition of child loses the uniformity with respect to different statutes. Infact, a child is always minor but a minor is not always a child.

International Recognition of the Rights of Children

United Nations Convention on the Rights of the Child (UNCRC)[7]

Adopted by the UN General Assembly in 1989, the United Nations Convention on the Rights of the Child (UNCRC) is a comprehensive and legally enforceable agreement on the rights of children on a global scale. The UNCRC's goal is to list the fundamental human rights that ought to be available to kids. These rights fall into four major categories. Every child's civil, political, social, economic, and cultural rights fall under these four categories[8].

The "Protection Rights" enshrined therein make sure that children are spared from all types of abuse, neglect, and exploitation. These rights include special care for children who are refugees, protection for children in the criminal justice system, protection for children who are employed, and rehabilitation and protection for children who have gone through abuse or exploitation of any kind.[9]

Article 3: defends the Child's Best Interests, which is the primary consideration taken into account for all decisions adopted by public and private social welfare organizations, courts, legislatures, administrative agencies, and state parties. States parties should also verify the guidelines set forth by these organizations for the care of children.

Constitutional Rights of Child
The supreme law of the land- Constitution of India has taken care of the rights of every section of society and every individual including children. The provisions which ensure the rights of children are:
Fundamental Rights- Article 14 which guarantees the right to equality states that the State may not deny anyone equality before the law (children's rights are included in this). Article 15(3), Article 39(e) and (f), Article 45, and Article 47 confer authority and impose responsibility on the state to guarantee that children's fundamental human rights are upheld and that all of their need are satisfied.
In a similar vein, while article 19(1) guarantees the right to free speech, article 21A (added in the 86th amendment) requires students to attend free public schools from the age of six to fourteen. Article 24 forbids the hiring of minors for dangerous jobs in mines, factories, or other establishments.

Directive principles of state policy (DPSP) being non-justiciable shares certain guidelines to both Central and State government to make laws for the benefit of people living in India. Article 39(e) guides the state to ensure that children of any age group are not forced to enter in avocations unsuited to their age or strength. Article 39(f) provides protection against exploitation; article 45 to provide early childhood care and education for children till the age of six.

Further, Article 39A lays down the foundation of State sponsored Free Legal Services to weaker and vulnerable sections of the society. Accordingly, the Delhi State Legal Services Authority (hereinafter "DSLSA") was constituted under the Legal Services Authorities Act, 1987.

Legislations For Care and Protection of Child

children being vulnerable require attention, awareness and protective environment which may help them to grow as good human being and which could develop basic humility in their behaviour. For this, government introduced statutes time to time which were child centric and gender neutral. The children Act 1960 was one among them which intended to support the trial of delinquent children in Union territory as well as the care, protection, upkeep, welfare, training, education, and rehabilitation of neglected or troubled children.

But later on as the society grew and population increased, due to this crime exceeded and children from vulnerable families opted to commit offences against society due to lack of education, hormonal changes, aggressiveness, more number of siblings/members in a family and poverty. Therefore, the government was forced to introduce Juvenile Justice (Care and Protection of Children) Act 2000 for juveniles.

The devastating case of Nirbhaya shook the whole country reason being the active involvement of a minor, which compelled the parliament to create new law and introduced Juvenile Justice (Care and Protection of Children) Act 2015 passed by Lok Sabha and Rajya Sabha which has replaced Juvenile Justice (Care and Protection of Children) Act 2000.

Difference Between Child in Conflict with Law and Child in Need of Care and Protection

Child in conflict with law commonly known as CCL refers to a minor who has not reached the age of eighteen on the date of the offense as defined by section 2(13) of the JJ Act 2015 and who is accused or proven to have committed an offense. The offense covers a wide range of offenses, including minor infractions under section 2(45), major crimes under section 2(54)}, and horrific crimes under section 2(33)}.

Such juveniles are produced before Juvenile Justice Board (JJB) as per JJ Act 2015 and it allows JJB to decide whether the CCL should be treated as an adult or not and on that basis such CCL is either acquitted, sent for judicial custody or to correction home.

Whereas, Child in need of care and protection (CNCP) is defined under section 2(14) of JJ Act 2015 and given an exhaustive list for CNCP as under:

i. who is found homeless; or

ii. who is engaged into forced labour, begging or living on streets; or

iii. Who has been (a) injured, exploited, abused or neglected or (b) threatened to be  killed, injure, exploit; by the person with whom the child was living ina shared household; or

iv. who have no support and is mentally or physically challenged or suffering from terminal or incurable disease; or

v. whose parent is unfit or incapacitated to care and protect the child; or

vi. child who is abandoned or surrendered; or

vii. missing or run-away child; or

viii. who is sexually abused; or

ix. who is inducted into drug abuse or trafficking; or

x. who is abused for unconscionable gains; or

xi. who is victim of armed conflict, civil unrest or natural calamity; or

xii. who at imminent risk of marriage before attaining the age of marriage;

Whoever falls under any of the above category is often known as ‘neglected child’ and should be produced before Child Welfare Committee (CWC). Such neglected child be either rehabilitated while placing him/her in Child Care Institutions (CCI) or given financial assistance or restored to their family.

The Juvenile Justice (Care and Protection of Children) ACT, 2015

The act was introduced to provide for the basic needs of children who are in trouble with the law or who require care and protection. It does this by ensuring that children receive the proper care, protection, development, treatment, and social reintegration; it also adopts a child-friendly approach in the adjudication and disposal of cases in the best interests of the children; and it provides for their rehabilitation through procedures offered and the establishment of institutions and bodies. On December 31, 2015, the President approved the act, and on January 15, 2016, it came into effect. The Juvenile Justice (Care and Protection Of Children) Act, 2000 was superseded by the Act of 2015.

The Act of 2015 majorly works upon three main principles:

1.The young offenders should not be tried in court but rather corrected for their offence or omissions.

2.Instead of punishing juveniles, they must be given an opportunity to reform.

3. Trial for a CCL should encourage non-penal treatment and be supported by group action agencies such as Observation Homes, correction homes and Special Homes.

“CCL should be treated as children in difficult circumstances and the approach of the juvenile justice system should be aimed at addressing the vulnerabilities of children and ensuring their rehabilitation.”[10]

Under Section 3, there are certain general principles which need to be followed by the Board, the Committee or agencies, namely:

(i)presumption of innocence; (ii) Principle of dignity and worth; (iii) participation principle; (iv) Principle of best interest; (v) family responsibility; (vi) Principle of safety; (vii) Positive measures; (viii) non-stigmatising semantics; (ix) non-waiver of rights; (x) equality and non-discrimination; (xi) right to privacy and confidentiality; (xii) institutionalisation as a measure of last resort; (xiii) repatriation and restoration; (xiv) Principle of fresh start; (xv) diversion; (xvi) natural justice

The Juvenile Justice Board has been constituted under section 4 which is a competent authority for exercising powers and discharging its functions relating to CCL. A Board shall consist of three members i.e. Metropolitan Magistrate or a Judicial Magistrate of First Class with two social workers.

Section 8(3) provides certain functions and responsibilities of JJB which are also the rights of CCL such as to ensure: (a)  in every step of process, participation of the child and the parent; (b) protect the child’s rights throughout the proceedings; (c) legal aid for the child remains accessible; (d) if necessary, facilitate the child with provide an interpreter or translator; (f) speedy trial specified in section 14; (g) transfer the alleged child, thereby recognising that a child in CCL can also be a CNCP simultaneously.

Whenever an alleged child is apprehended, he may be sent to an observation home or place of safety, Section 10(2)(ii). A child who has alleged to commit bailable or non-bailable offence can be released on bail with or without surety. In case the child doesn’t get bail then the child shall be placed in observation home by officer in charge till he is brought before Board and could be kept further in observation home or any place of safety till the pendency of the case, section 11.

Pursuant to the decision of division bench of Hon’ble High Court of Delhi in WP(c) no. 6830 of 2007 titled as “Child Welfare Committee Versus. Govt. of NCT of Delhi and others”, dated 03.09.2008, the Delhi State Legal Services Authority had appointed Legal Services Advocates at each of the eight Child Welfare Committees (recently ten CWCs) operating and functioning in Delhi, with a view to safeguard the interest of CNCP as well as their parents to determine whether they have been abused, and if so, to identify, whether any gang or organised crime is involved in their trafficking. Then CNCP are produced before Child Welfare Committees (CWC) which are statutory authorities vested with the powers of Metropolitan Magistrate and are empowered to take decisions for care, protection, rehabilitation, restoration, and social reintegration of such children.

Rehabilitation of Juveniles

“The process of Rehabilitation shall also secure the Rights of the CCL and every CCL should be granted rights, including but not limited to: (a) Humane treatment (b) No corporal punishment (c) Separation from adult criminals, if detained (d) Access to legal assistance (e) Bail and release on recognizance (f) Privacy (g) Diversion, if qualified (h) Proportionate judgment (i) Restrictions on liberty kept to a desirable minimum (j) Automatic suspension of sentence (k) Probation, if qualified (l) Confidentiality of proceedings (m) Right against discrimination (n) Constitutional rights”[11].

Studies have shown that the children alleged for committing crime are better given emotional and psychological involvement by engaging them in various activities which may shapeup their skills. It is a kind of rehabilitation technique and not to consider them troublesome child, trouble makers or problem makers. Infact, the JJ Act 2015 has taken a clear departure from criminal justice model of punishment and adopted a reformative approach as punishing them or keeping such juveniles in jail along with adult offenders could affect the possibility of reformation of children under growing age where their capacities are still being built and in the process of development.   

“Bail is the rule and jail is an exception” underlines the principle that individuals are presumed innocent until proven guilty. Following the above statement, section 3(xii) instructs to follow the principle of institutionalisation as a measure of last resort should be observed after making due inquiry with respect to both CCL and CNCP/neglected child.

Similarly section 18 sub-section 1 of JJ Act 2015 provides child found to be CCL, the Board may order— (a) allow the child to go home after advice or admonition; (b) the child to participate in group counselling; (c) the child to indulge in community service; (d) to pay fine: (e) release the child on probation of good conduct through executing a bond with or without surety; (f) release the child on probation of good conduct and place him under any fit facility not exceeding three years; (g) place the child to a special home, not exceeding three years, for providing reformative:

(2) In addition, the Board has the authority to issue orders for the kid to attend (i) school; (ii) vocational training centre; (iii) therapeutic centre; (iv) forbid the child from going to, frequenting, or showing up at a designated location; or (v) place or attend a de-addiction program.

It is to be noted that rehabilitation is one of the crucial steps taken by Board by which a CCL could be sent to protected atmosphere which could allow him to go back to society and prevent recidivism Nonetheless, separate rehabilitation protocols are required for CCL receiving institutional care vs those who have been released from the institution. To reduce juvenile crime, CCLs must place an increased emphasis on sponsorship, foster care, and aftercare as well as rehabilitation and reintegration into society. Preventive programs can be divided into two categories: (a) pure prevention, also known as primary prevention, which attempts to stop delinquency before it starts, and (b) rehabilitative prevention, also known as secondary prevention, which works with children who have been found to be delinquent by the courts.

Building capacity for all parties involved, including the family, school, and neighborhood, such as:

i.Conduct frequent awareness programmes at community level for children and adults;

ii.Develop a community vigilance team, Counselling units etc.;

iii.Strengthen Youth clubs and youth volunteers;

iv.Conduct regular meetings of Child Protection Committees constituted;

v.Lead research to find out the ground cause of juvenile crimes so that appropriate interventions can be put in place.

Rehabilitation of Neglected Child or Child in Need of Care and Protection

The neglected children are commonly named as Child in need of care and protection (CNCP) and they are defined under section 2(14) JJ Act 2015. The children who specifically falls under the category of CNCP, they are brought before Child Welfare Committee constituted under section 27. It consists of a chairperson and four members. The committee has the authority to dispose of cases for the care, protection, treatment, development and rehabilitation of children in need of care and protection, as well as to provide for their basic needs and protection (section 29). Section 30 discusses about the functions and responsibilities of Committee and committee may pass certain orders regarding CNCP under section 37(1)(b) may restore the child to parents or guardian; (c) place the child in Children’s Home or fit facility or Specialised Adoption Agency for the purpose of adoption; (d) placement of the child with fit person for long term or temporary care; (e) foster care orders under section 44; (f) sponsorship orders under section 45; (g) immediate shelter and services such as medical attention, psychiatric and psychological; (h) declare the child legally free for adoption (2) The Committee may also pass orders for — (i) declaration of fit persons for foster care; (ii) getting after care support.

Rule 65 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 sets the guidelines for Rehabilitation Cum Placement Officer designated in Child Care Institutions, including place of safety has to perform the following functions:[12]

i. Identify the skills of the children placed in CCI;

ii. Link the child children to agencies that offer vocational training services along with job opportunities or placement at the end of the course;

iii. Attaching the child with sponsorship schemes to support self-employment;

iv. coordinate with agencies, individuals, corporates, recognised nongovernmental organisations and other funding agencies to set up vocational training units or workshops in CCIs as per age, aptitude, interest and ability;

v. Mobilise voluntary vocational instructors in CCIs;

vi. Facilitate financial and marketing support for self-employment;

vii. Prepare rehabilitation plans;

viii. Maintain the Rehabilitation Card in Form 14 and monitor the progress of child;

ix. Facilitate the child with certificates on completion of the education or vocational training courses;

x. Ensure placement of each eligible child;

xi. Organise workshops on Rehabilitation programmes spread awareness such schemes;

xii. In order to encourage the soft skills among children and stress management; Organise workshops; and

xiii. Provide further assistance to children who have been already places and also to monitor their progress.

JJ Act 2015 has a modest towards crime committed by a child unlike other countries and categorise them into compoundable offence on routine bases including other petty offences. But there are certain preconditions for adopting restorative practice in a given case are: 1. The acceptance of commission of offence by CCL; 2. The CCL must be ready to accept responsibility for correcting the wrong own self; 3. The CCL must apologise to the victim 4. The victim will decide in what they want the CCL to do; 5. It must be focused on making good and correct the harm caused. 6. The victim should not be demanding something which is beyond the means of the CCL to fulfil.

Children are the living assets of our state and it is the duty of our country to protect their rights. Though from recent years juvenile crimes are booming but we need to understand that none of the child is a born criminal. It’s the circumstances or improper approach towards him that has converted him to commit an offence without knowing the consequences. They should be seen through compassion lenses. Their basic human rights need to be taken care of to build their future. And in order to rehabilitate and enforce social reintegration, children placed in CCI, special homes, place of safety, children’s home are required to observe discipline among inmates, encourage yoga-meditation classes on regular bases, personality development course, regular counselling, provide vocational and skill training, computer education, art and craft therapy, cultural gatherings, dance drama practice, farming and gardening, sports-games and recreation, maintain ICP, rehabilitation through professional course, draw post-release follow-up.

From the above discussion it is understood that child could be full of odds may it be CCL or CNCP but the society need to be compassionate towards them as they are neglected and seeking right direction to perform according to the norms of society. Stigmas attached to children such as thief, rapist, bastard, illegitimate, murderer, etc. could raise a bad character in them. Therefore, it should be kept in mind a child has his own dignity which should not be compromised. It is their human right and their dignity which could develop a positive change and that change is required for the growth and development of our country. Undermining the value of a child undermines the value of our nation. Children are the founders of future and role of social workers becomes all the more crucial as children need to be provided with continuous help even after their rehabilitation to prevent their relapse. Saving the pride of children is not an individual responsibility of NGOs or stakeholders, in fact it is a collective responsibility of every adult citizen.

1. Black’s law Dictionary, Fourth Edition, 1968

2. Convention on the Rights of the Child, 1989

3. The .Child Labour (Protection and Regulation) Act, 1986

4. The Prohibitions of Child Marriage Act, 2006

5. The Juvenile Justice (Care and Protection of Children) Act, 2015

6. The Children Act, 1960.

7. UNCRC, Article 3

8. Delhi State Legal Services Authority

9. Id.

10. Rehabilitation Of Children in Conflict with The Law- Possibilities and Opportunities, https://wcd.nic.in/

11. Id at 10.

12. Rule 65, the Juvenile Justice (Care and Protection of Children) Model Rules, 2016