JUVENILE JUSTICE ACT REHABILITATION VS PUNISHMENT

AUTHOR – SURAJ GAUTAM* & DR. ANUPRIYA YADAV**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

** ASSISTANT PROFESSOR, AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

BEST CITATION – SURAJ GAUTAM & DR. ANUPRIYA YADAV, JUVENILE JUSTICE ACT REHABILITATION VS PUNISHMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 582-595, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/WHZZ7961

Introduction:- The  Justice Act represents India’s legal and moral commitment to deal with children in conflict with law through a framework that recognises their vulnerability, capacity for reform, and need for care rather than retribution. Rooted in constitutional values, international conventions such as the United Nations Convention on the Rights of the Child, and evolving understandings of child psychology, the Act seeks to balance the objectives of child protection, social reintegration, and public safety. However, this balance has consistently generated debate, particularly around the question of whether juveniles who commit offences, especially serious and heinous crimes should be subjected primarily to rehabilitative measures or punitive sanctions akin to those imposed on adults. The Juvenile Justice Act thus becomes a contested legal space where the ideals of reformative justice intersect with societal demands for deterrence and accountability.

The rehabilitative philosophy underlying the Juvenile Justice Act is premised on the belief that children, due to their age and developmental stage, lack full mental maturity and are therefore more amenable to reform. The Act emphasises care, protection, treatment, education, and social reintegration as core objectives, reflecting the view that juvenile delinquency is often a consequence of socio-economic deprivation, family breakdown, abuse, or neglect rather than inherent criminal intent. Institutions such as Observation Homes, Special Homes, and the role of the Juvenile Justice Board are designed to provide a child-friendly and non-adversarial environment, ensuring that the child’s best interests remain central. This approach aligns with the reformative theory of punishment, which prioritises correction and reintegration over retribution.