Reforming Juvenile Justice: Legal Recognition of Psychological Trauma in Children

ABSTRACT

“The healing of young minds is the foundation of a just society”. The growing focus on psychological trauma in juvenile justice has highlighted the importance of trauma-informed legal systems. This paper seeks to examine how existing juvenile justice systems might implement trauma-informed practice for the substantive protection of children’s rights, mental health, and rehabilitation in the legal process as either victims or offenders. The study concludes that traditional penal responses to juvenile crime increase trauma and the barriers to rehabilitation and development through an examination of statutory regimes, precedent-setting decisions from common law courts, and comparative practices in international law, the study identifies a number of guidelines, as evidenced by child-sensitive processes, independent expert psychological assessments of children, and opportunities for rehabilitation. These mechanisms in practice can significantly lessen the psychological trauma imposed on children affirm restorative justice and enhance reintegration into society. It states that trauma-informed legal reform is not simply a better way to process legislation; rather, it is a necessary step towards advancing the welfare, dignity, and promise of all children for the future.

Keywords: Juvenile justice, psychological trauma, child protection, rehabilitation, trauma-informed law, restorative justice.

CHAPTER-1:INTRODUCTION

The juvenile justice system is charged with managing youth delinquency while protecting children’s rights and developmental needs. In recent years, legal and psychological research has paid increased attention to the devastating effects of psychological trauma on a child’s behaviour, emotional regulation, and decision-making processes. Many laws still have a punitive nature when dealing with juvenile offenders and the legal system often fails to address trauma as a critical contributing factor to criminal behaviour. Children exposed to adverse childhood experiences (ACEs)—abuse, neglect, domestic violence, and community trauma are at significantly higher risk of entering the justice system. Adverse childhood experiences can produce maladaptive behaviours, decreased judgment skills, and difficulty regulating emotional responses. When trauma is not acknowledged in the legal system, it can lead to punitive, inappropriate sentencing, and inadequate rehabilitation. Many jurisdictions have begun to recognize the necessity for systems of trauma-informed care. As an example, the UN Convention on the Rights of the Child (UNCRC) which many countries have ratified and implemented notes the importance of considering the child’s best interests and their right to rehabilitation (UNCRC, articles 37 and 40).This article discusses the intersection of psychological trauma and youth justice and proposes amendments to flesh out the use of trauma-informed care into laws. By doing so the justice system will promote the rehabilitative aims of the justice system, promote rehabilitation, and treat children in conflict with the law in a more equitable way which manifests as compassion to those in conflict.

CHAPTER-2:UNDERSTANDING PYSCHOLOGICAL TRAUMA IN CHILDREN

Psychological trauma in children can be activity related to the emotional, cognitive, or behavioural impact from physical or sexual experiences related to child abuse, neglect, domestic violence, or witnessing a crime. The experience of trauma is problematic for children as children do not have the same coping strategies as adults and are currently during brain development which increases the risk of long-term consequences affected by trauma. Untreated, the experience of psychological trauma can result in anxiety, depression, aggression, attachment disorder, and post-traumatic stress disorder (PTSD). 

Children involved with the justice system or exhibiting concerning behaviours regarding their care or protection are at even higher risk for experiencing psychological trauma. Research studies note juvenile offenders frequently reported emotional neglect, physical abuse and domestic violence. These experiences of trauma can impact the brain’s emotional regulation, processing, and decision-making capabilities that can engage children in a juvenile delinquent intervention. Understanding psychological trauma is key to understanding youth delinquent behaviour. The act aims to furnish a child- centered legal framework for children in conflict with the law and children in need of care and protection.

CHAPTER-3: LEGAL FRAMEWORKS RELATED TO PSYCHOLOGICAL TRAUMA IN JUVENILE SYSTEM

The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), is the primary statute umbrella governing the care, protection, and rehabilitation of children in India. The statute was introduced to link Indian statute to various international treaties, including the United Nations Convention on the Rights of the Child, and has child-friendliness at its center. Part of the intent of the JJ Act is to balance the welfare of children in need of care and protection with the rehabilitation of the child in conflict with the law. The Act also establishes a framework of child-friendly processes, rehabilitation, and protective services for children, with the purpose that children have access to safe and supportive conditions in which to grow. Section 75 of the JJ Act (Cruelty to children) makes different acts of cruelty towards children a punishable offense- even the infliction of physical or mental suffering. This provision recognizes the fact that children can suffer from emotional and psychological harm, rather than just physical harm. Mental cruelty frames neglect, humiliation, intimidation or any act that is harmful to a child’s mind as an offense. However when Section 75 considers mental suffering to be a punishable act, in practice it is typically constructed to be physical abuse, with a majority of psychological harm remaining invisible and unseen by those tasked with the role of protecting children. Thus, Section 75 provides little to no real protection for children who suffer injury through emotional harm or psychological harm. 

Section 93 – (Children with Mental Illness and/or Addictions) Section 93 of the JJ Act allows for the transfer of children with mental illness and/or addictions to specialized secure institutions for treatment and rehabilitation.This provision actually takes account of the child’s mental health and incorporates this into his treatment and rehabilitation. In addition, juvenile justice workers including judges, probation officers, and police officers, often receive very limited training and knowledge of children’s trauma and trauma informed responses. As a result, children who are experiencing trauma end up not receiving the protective, therapeutic or rehabilitative services they are entitled to and, in turn, the JJ Act’s goal of facilitating holistic child and youth development is ultimately undermined. 

CHAPTER -4: Legal and Institutional Strategies for Child Rehabilitation

To protect children’s mental health, the Juvenile Justice (Care and Protection of Children) Act, 2015 (the JJ Act) must be revised to accurately represent all elements of a trauma-informed system in the juvenile justice system. The amendments would support rehabilitation, promote a decrease in recidivism, and support the interests of children who have come into contact with the law.

4.1 Inclusion of Psychological Trauma

The JJ Act should explicitly include language about psychological trauma (i.e., abuse, neglect, domestic violence, emotional neglect) as a risk factor of juvenile delinquency (Section 2(14)75). The addition of psychological trauma would help move the conversation toward creating a statutory framework in regard to mental health in the court process, and during the national planning processes for rehabilitation for any child.Section 93 does make reference to how to care for children who are mentally ill and/or addicted, and addressing mental health more broadly in the JJ Act would be a purposeful acknowledgment to the role of the psychological factors involved in rehabilitation.

4.2 Psychological Evaluation Requirement

Under Sections 27(2) and 101(1) of the JJ Act, any child coming into contact with the juvenile justice system must receive a psychological evaluation from a licensed mental health care provider. Psychological evaluation must also be included in the individual case plan of children that enter the juvenile justice system.A mental health intervention and counselling may be offered by NMHP and RKSK funded programs within programs. The ICPS will need to provide mental health services for children in Child Care Institutions (CCIs).

4.3 Training for Juvenile Justice Personnel

Section 31 of the JJ Act allows for the training of staff and systems to support the dedicated training of probation officers to include trauma-informed care modules. Judges, police officers, social workers, and CCI staff will also benefit from trainings on recognizing trauma, implementing supports, and child- centered decision-making, as part of the same training series. 

4.4 Setting Up Triaged Units

In juvenile establishments or Child and Adolescent Mental Health services outside these settings, triaged units to provide therapies, counselling, and rehabilitation can be established. A holistic approach and care for children can be put in place working with any existing programs, such as Intensive Case Management Programs (ICPS), National Mental Health Program (NMHP) and Rashtriya Kishor Swasthya Karyakram (RKSK). Provisions under law, such as the JJ Act, endorse a Child Care Institution (CCI) in law, under section 50(1) allowing for eventual establishment of trauma-informed rehabilitation centres focused on mental and emotional aspects of care.

4.5 Accountability and Ongoing Monitoring

There should be a holistic monitoring mechanism for trauma-informed interventions based on section 107(1) of the juvenile justice act. Audits or monitoring and psycho-educational assessments, rehabilitation monitoring and compliance, could be organized through state child protection societies, juvenile justice boards or child welfare committees. Centralized and intermediate reporting of trauma-informed rehabilitation could support accountability and direction of the intended policy process.

CHAPTER -5: CONCLUSION AND SUGGESTIONS

Thus, it is crucial to reform child justice by including the acknowledgement of psychological trauma as part of the goal of building a child-centred, rehabilitative system of justice. The existing framework set out in the Juvenile Justice (Care and Protection of Children) Act, 2015, is a good start,but requires deeper consideration of and commitment to trauma-informed practice. Given that many of the children engaged in the justice system are victims of abuse, neglect, poverty and/or violence, it is vital to create the space for restorative interventions and also develop strategies to address systemic issues that are often causal of their behaviours. Reforming child justice would therefore be focused on amending the JJ Act to incorporate a statement about trauma, mandate psychological analysis for every child who enters the justice system, and develop trauma-sensitive procedures within each disposing, investigative and rehabilitative process. All Juvenile Justice Boards, Child Welfare Committees, and law enforcement should be required to go through a mandatory training course on the ABC’s of trauma-informed PTSD-psychology and child rights. Doing so, would purposefully add trauma-informed standards. It is vital that policy implementation examines the prioritization of hiring and integrating trained child psychologists, psychiatrists, and social workers in the juvenile justice system at every point, from arrest to care. Duty bearers under the juvenile justice system should be required to participate in training on trauma psychology and children’s rights. 

Existing mechanisms for child protection could be enhanced with trauma recovery principles and community incentives through integrated mental health support, e.g. Integrated Child Protection Scheme (ICPS), or sponsorship/foster care schemes (under the JJ Act). It is also important to further encourage restorative justice practices, diversionary systems and alternatives to provide care in order further traumatization does not take place. There is a need to clarify inter-agency collaboration for child welfare (schools, hospitals, police, judiciary, child protection services) to define a comprehensive safety net for children. Finally, community awareness programs and intervention campaigns could provide communities with the ability to notice trauma within their own children which affords early detection. All of this, if done with intention, may transform juvenile justice into a truly rehabilitative process that places emphases on children’s wellbeing. Because when we heal the child, we heal the future.