Educational Opportunities for Juveniles under India’s Legal Framework

Abstract

Education has been a key factor in juvenile justice and has been viewed as one of the most significant rehabilitation, re-integration and social transformation tools. The Indian law governing the juvenile, the Juvenile Justice (Care and Protection of Children) Act, 2015 and the constitutional provisions, such as Article 21A, view education as a right to a basic necessity and one of the most effective ways of addressing the causes of delinquency. The paper will discuss the nature and achievement of educational accessibility among juveniles within the Indian legal system, supported by the up-to-date statistics and policy shifts. There is empirical evidence that low education levels correlate strongly with juvenile delinquency and the percentage of juveniles in conflict with the law is quite high and is either illiterate or school dropouts. Although legal requirements are to offer formal education, non-formal education, vocational education and life skills in juvenile institutions, there are gaps in implementing the same because of infrastructural gap, lack of trained personnel and poor monitoring systems. Also, the policy contradictions, specifically, the transition to punitive treatment of juveniles aged 16-18 in heinous crimes, are also a matter of concern due to the erosion of rehabilitative goals. The research takes a qualitative and analytical stance where theoretical approaches of restorative justice, capability approach, and child rights framework are incorporated to comprehend the role of education in rehabilitating juveniles. It claims that education does not only increase the capacity of an individual but also decreases recidivism and leads to social reintegration. As the paper finds, the legal framework of India is progressive in theory, but has little or no effect due to gaps in implementation, and thus, greater institutional capacity and a more comprehensive, education-focused approach to juvenile justice are necessary.