REHABILITATION VS PUNISHMENT: THE FUTURE OF JUVENILE JUSTICE IN INDIA

AUTHOR – JANVI SHUKLA, STUDENT AT AMITY UNIVERSITY LUCKNOW AMITY UNIVERSITY LUCKNOW

BEST CITATION – JANVI SHUKLA, REHABILITATION VS PUNISHMENT: THE FUTURE OF JUVENILE JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 779-785, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/V6I583

Abstract

The long-running argument between rehabilitation and punishment has been difficult for the juvenile justice system to resolve recently. While punishment in juvenile justice investigates the foundations of the theory in retributive justice and deterrence, rehabilitation programs seek to address the underlying causes of delinquent behaviour. After evaluating how well rehabilitation programs work to lower recidivism rates and promote favourable outcomes for youth offenders. this paper further examines the difficulties in carrying out these initiatives, such as the lack of resources and the necessity of interagency cooperation. Prioritizing the rehabilitation and welfare of juvenile offenders, a balanced approach to juvenile justice is required that incorporates elements of both punishment and rehabilitation. The rehabilitation model has become more well-known in recent years as societies have come to understand the shortcomings of punitive methods and the need for more compassionate, practical, and long-term approaches to dealing with crime and criminal behaviour. Rehabilitation helps the child in overcoming the trauma and addiction through counselling, therapy and education which prevents the child from repeating the same offences. It can bring a long term transformation in a child to reintegrate into the society. A major turning point in this was the Nirbhaya case which led to the debate across India that whether the juvenile should not be treated leniently for a heinous crime done by them and the age alone should not be the factor to determine the degree of punishment to a juvenile. One of the major changes introduced was the juvenile justice (care and protection of children) Act 2015 which shifted the focus towards accountability focused approach.

The study critically analyses the challenges faced in the rehabilitative approach over punitive measures and whether such approach is better for the society. The research emphasis on the legislative reform which introduced the provisions that juvenile between the age of 16 to 18 years should be tried as adults for heinous crimes done by them. The study studies statutory provisions, court rulings, and legal principles using a doctrinal and analytical technique. The paper argues that the societal demand for punitive approach risk the transformation of a juvenile into a better person and reintegrate into the society. 

Keywords – Crime, Child Rights, Counselling, Criminal Justice System, Development, Juvenile Justice (Care and Protection of Children) Act 2015, Juvenile justice, Juveniles in Conflict with Law, Legal System, Nirbhaya Case, Punishment, Punitive Measures, Rehabilitation, Recidivism, Youth offender.