UNICEF’s Call for Juvenile Justice Reform in India: Every Juvenile Deserves a Second Chance
Children in conflict with the law deserve not only justice, but also understanding, support, and an opportunity for redemption. In India, where societal pressure and systemic gaps continue to hinder juvenile rehabilitation, UNICEF has made a strong case for reforming the juvenile justice system.
In a country of over 250 million children under 18, India’s youth face diverse social challenges—from poverty and abuse to lack of education and opportunity. When these challenges lead to conflict with the law, the response must be corrective and rehabilitative rather than punitive. UNICEF asserts that every juvenile deserves a second chance—one rooted in compassion, dignity, and justice.
Understanding Juvenile Justice in India
The Juvenile Justice (Care and Protection of Children) Act, 2015, is India’s primary legal framework for dealing with minors in conflict with the law. It replaced the 2000 Act with several amendments, most notably allowing juveniles aged 16–18 to be tried as adults for heinous crimes. This shift sparked debate over whether children should ever face adult punishment.
UNICEF has repeatedly stressed that trying children as adults undermines their rights and ignores international standards laid down by the United Nations Convention on the Rights of the Child (UNCRC), to which India is a signatory.
UNICEF’s Stance: Rehabilitation Over Retribution
UNICEF's advocacy focuses on rehabilitation and reintegration of juvenile offenders, based on the belief that children are still in a stage of psychological development and capable of transformation.
Key Recommendations by UNICEF:
- Stop treating juveniles as adults: Children aged 16–18 should not be subjected to adult judicial processes, as their cognitive development is incomplete.
- Invest in child-friendly justice mechanisms: From police stations to courtrooms, children need safe, non-intimidating environments.
- Provide mental health and psychosocial support: Many children in conflict with the law suffer trauma, neglect, or abuse. Counselling and therapy should be accessible within the system.
- Prioritise diversion programmes: Alternatives to detention, such as community service, vocational training, or counselling, reduce repeat offences.
- Educate and sensitise law enforcement: Police, judges, and social workers must be trained in child rights and developmental psychology.
Why Juvenile Justice Reform Is Critical
1. Brain Development and Decision-Making
Scientific studies reveal that adolescents’ brains, especially areas linked to impulse control and long-term decision-making, are still maturing. Harsh punishment during this stage can do more harm than good, reinforcing criminal behaviour instead of correcting it.
2. Socioeconomic Vulnerabilities
Children from marginalised backgrounds are disproportionately represented in juvenile justice systems. Often, these children have faced violence, deprivation, or lack of education—circumstances that push them towards crime, not out of malice, but due to survival instincts or peer pressure.
3. Impact of Incarceration
Detaining juveniles, especially in adult facilities, exposes them to further violence, stigmatisation, and mental health decline. This reduces their chances of successful reintegration into society, often leading to recidivism.
4. Violation of International Norms
By treating juveniles as adults, India risks breaching its commitment to the UNCRC, which mandates that all children be treated in a manner that promotes their dignity and worth.
Challenges in Implementing Juvenile Justice Reform
1. Public Perception and Media Bias
High-profile juvenile crime cases often lead to public outrage, calling for harsher punishments. Media coverage tends to sensationalise incidents, pushing policymakers towards punitive reforms rather than systemic improvement.
2. Lack of Resources and Infrastructure
Child protection homes, observation homes, and other juvenile facilities are often underfunded, overcrowded, and poorly staffed, leading to substandard care and unsafe conditions.
3. Inconsistent Enforcement
There are disparities in how laws are enforced across Indian states. Some states lack dedicated juvenile justice boards or trained personnel, which delays justice and compromises child welfare.
4. Absence of Rehabilitation Programmes
While the law promotes rehabilitation, practical implementation is often missing. There are limited vocational training centres, therapy services, and reintegration plans for juveniles post-release.
UNICEF’s Work on the Ground
UNICEF collaborates with state governments, legal institutions, and NGOs to:
- Conduct child rights training for law enforcement and judiciary personnel.
- Support child-friendly legal aid desks.
- Promote counselling and reintegration programmes for children released from correctional homes.
- Raise awareness about restorative justice among communities and local leaders.
Case Example: A Second Chance for Ramesh
Ramesh (name changed), a 17-year-old from Bihar, was arrested for petty theft. Coming from a broken home and having dropped out of school, he had no adult guidance. Instead of being jailed, he was placed in a juvenile home with counselling and vocational training. After six months, he joined a tailoring course and now earns his livelihood honestly. UNICEF-supported interventions made his second chance a success.
The Road Ahead: What Needs to Change?
- Reform legislation: Remove clauses that allow trying minors as adults, in line with global child rights norms.
- Boost budget allocation: Invest in building and maintaining high-quality juvenile facilities and rehabilitation centres.
- Expand mental health support: Integrate counselling services into all stages of the juvenile justice process.
- Engage communities: Encourage local leaders, families, and schools to be part of the reintegration process.
Children who commit offences are not beyond help—they are individuals shaped by complex circumstances, often crying out for support. Justice, in its truest form, must serve not just to punish but to protect and uplift.
FAQs on Juvenile Justice and UNICEF’s Role
Why does UNICEF oppose trying juveniles as adults?
UNICEF believes children are still developing emotionally and mentally. Adult trials deny them the chance for reform and violate international child rights standards.
What is the age limit for juveniles in India?
Any individual below the age of 18 is considered a juvenile under Indian law.
Does UNICEF work directly with juvenile homes?
Yes, UNICEF partners with local governments and NGOs to support juvenile homes by offering training, mental health support, and reintegration services.
How can the public help support juvenile justice reform?
By educating themselves, avoiding stigma, supporting child rights organisations, and advocating for rehabilitative rather than punitive measures.
Is juvenile crime increasing in India?
While there are fluctuations in statistics, most juvenile offences are minor and non-violent. Addressing root causes such as poverty and education can reduce crime rates.
Internal Resources for Further Reading
- What are human rights of the girl child?
- Special initiatives taken by WHO for mental health
- How mental health affects sex life
- Explore all social justice and UNICEF articles
