Revisiting Constitutional Perspectives on Juvenile Justice: Addressing Modern crimes and Recognizing Rehabilitation as a Right

Abstract

Juveniles are children whose age have not attained eighteen years and require special care and protection. At times, they involve with the conflict with the law not because they are hardened criminals, but due to factors like lack of education, negative social influence, and the misuse of technology. Without proper care and opportunities for rehabilitation, these juveniles risk growing into adult offenders. Therefore, rehabilitation plays a very important role in shaping their future. The Indian Constitution provides protection to children through various “Fundamental Rights and Directive Principles of State Policy”. Article 21 guarantees the “Right to Life”, while Article 21A ensures the “Right to Education”. The Constitution also emphasizes that children must not be exploited3 and should be given the conditions necessary for their healthy development4. However, there is no clear constitutional guarantee for rehabilitation of juveniles, especially for the delinquents of modern crimes. The Juvenile Justice (Care and Protection of Children) Act, 2015 also talks about protection and care, but it does not fully cover modern challenges like cybercrime, drug abuse, and organized crime. This creates a gap in our legal system. This paper studies these gaps and argues that rehabilitation should be treated not just as a policy but as a constitutional right. Juvenile delinquents may not be the wrongdoers but also a victim. If the Constitution clearly includes rehabilitation, then juveniles will get stronger legal protection from the State. This paper suggests some reforms, such as making digital safety education compulsory in schools, creating special centers for cyber rehabilitation, and expanding the “Right to Life” to include the right to rehabilitation and so the Constitution can give better protection to juveniles, help them recover from mistakes, and prepare them to be responsible citizens.