MENTAL HEALTH AND THE JUVENILE JUSTICE SYSTEM: A RIGHTS-BASED JUDICIAL APPROACH IN INDIA

Authors

  • Mujataba Noorul Hussain Research Scholar, NIMS School of law, NIMS University Rajasthan, Jaipur.
  • Dr. Mahaveer Prasad Mali Assistant Professor, NIMS School Of law, NIMS University Rajasthan, Jaipur.
  • Dr. Sadaqat Rehman Assistant Professor, Department of Clinical Psychology, Govt Medical College, Srinagar

DOI:

https://doi.org/10.29121/shodhkosh.v4.i2.2023.5578

Keywords:

Juvenile Justice, Mental Health, Child Protection, Rehabilitation, Child-Friendly Procedures, Rights-Based Approach

Abstract [English]

The Indian judiciary has progressively expanded the interpretation of juvenile rights to include mental health and psychosocial well-being as integral to the right to life and dignity under Article 21 of the Constitution. Judicial pronouncements have emphasized that children in conflict with the law and those in need of care and protection must be treated through a rehabilitative, not punitive, lens. Courts have recognized the deep psychological impact of institutionalization, neglect, trauma, and stigma on juveniles and have directed authorities to ensure child-friendly procedures, regular mental health assessments, and access to counselling and psychological support in Child Care Institutions.
Further, the judiciary has encouraged the integration of trauma-informed practices into all stages of juvenile justice administration, from apprehension and inquiry to rehabilitation and aftercare. The use of individualized care plans, trained mental health professionals, and the establishment of child-friendly spaces have been judicially endorsed to foster a safe and enabling environment. These developments reflect a rights-based approach grounded in international child protection standards.
To strengthen these gains, it is imperative to ensure interlinkages between juvenile justice laws and mental healthcare frameworks, along with sustained capacity-building of all stakeholders involved.

References

Sheela Barse v. Union of India, (1986) 3 SCC 596.

Gaurav Jain v. Union of India, (1997) 8 SCC 114. DOI: https://doi.org/10.1080/02724634.1997.10010958

Court on its Own Motion v. Government of NCT of Delhi, W.P. (Crl.) 29/2013, High Court of Delhi.

Sampurna Behura v. Union of India, W.P. (C) No. 473/2005, Supreme Court of India.

Krishnan v. Union of India, W.P. (C) No. 276/2012, Supreme Court of India.

Sanjay Gupta v. State of Maharashtra, Criminal Appeal No. 1211/2012, Supreme Court of India.

Asha Foundation v. Union of India, W.P. (C) No. 382/2014, Supreme Court of India.

Juvenile Justice (Care and Protection of Children) Act, 2015. Government of India.

Mental Healthcare Act, 2017. Government of India.

National Commission for Protection of Child Rights (NCPCR). (2020). Guidelines for Mental Health and Psycho-social Well-being of Children in Child Care Institutions. New Delhi: NCPCR.

Ministry of Women and Child Development. (2021). Model Guidelines on Foster Care. Government of India.

United Nations Convention on the Rights of the Child (UNCRC), 1989.

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Published

2023-12-31

How to Cite

Hussain, M. N., Mali, M. P., & Rehman, S. (2023). MENTAL HEALTH AND THE JUVENILE JUSTICE SYSTEM: A RIGHTS-BASED JUDICIAL APPROACH IN INDIA. ShodhKosh: Journal of Visual and Performing Arts, 4(2), 4689–4694. https://doi.org/10.29121/shodhkosh.v4.i2.2023.5578