NATIONAL FORENSIC SCIENCES

UNIVERSITY, GANDHINAGAR

CA III ASSIGNMENT

SUBJECT: LAW OF CRIMES

SUBMITTED BY:
1. EVANGELINE ROSE
NO.012301000005004037
2. ANAGHA T.K
NO. 012301000005004005
3. DEEPSHREE SHARMA
NO 012301000005004007
TOPIC: THE ROLE OF MENTAL HEALTH INTERVENTIONS
UNDER THE JUVENILE JUSTICE ACT IN REDUCING
RECIDIVISM
Abstract
The study aims to explore the interplay between juvenile delinquency and recidivism and the
impact of mental health interventions on it. It becomes relevant in this era as young offenders
with untreated mental health issues tend to repeat instances of offending. The research deals
with mental health issues and treatments associated with it, along with the challenges in the
implementation of the same. It also focuses on the effectiveness of these interventions in
preventing recidivism among juvenile offenders.
Keywords: Juvenile delinquency, recidivism, Juvenile Justice Act
1.Introduction
Juvenile delinquency is a complex issue influenced by many factors. It is seen that untreated
mental issues escalate, and it can impair the ability to make rational judgments. Without proper
therapeutic interventions, it becomes difficult to break the vicious cycle of offending. Juvenile
offenders, apart from being victims themselves, also hinder the development of society and
undermine economic development, which ultimately leads to social disintegration. A country’s
future lies with the youth and its growth depends on its human capital. Therefore, it is essential
for the development of these young generation and become law-abiding citizens.
1.1.Background on Juvenile Delinquency and Recidivism
Juvenile Delinquency refers to the act of a minor breaking the law or engaging in antisocial
behaviour. These acts would otherwise be considered as crimes if it was committed by a major.
The term ‘delinquency’ is derived from the Latin word ‘delinquer’ which means to ‘omit’.
Recidivism refers to a person’s conviction and imprisonment for a crime after serving a prior
offense. This is a significant concern among juvenile offenders as there is a repeated
engagement in criminal behaviour. This is due to many factors like; socio-economic factors,
incarceration, disoriented mind, substance abuse and lack of care and monitoring among others
which often leads to a cycle of crimes that is difficult to break.

1.2 Mental Health and Juvenile Offenders

Mental Health issues are prevalent among juvenile offenders, which plays a significant role in
their commission of crimes. Without diagnosis or proper treatment 1this might escalate into
something bigger where it would be difficult to break the cycle of offending. Many juvenile
offenders are often exposed to abuse, domestic violence which leads to trauma and this leads
to upsurge in crimes among juvenile offenders.

1
Juvenile Delinquency in India: An Analysis
https://www.researchgate.net/publication/372890583_Juvenile_Delinquency_in_India_An_Analysis
Behavioural disorders like ADHD make it difficult to follow rules and manage anger which
leads to criminal activity. Untreated mental health issues increase the risk of recidivism and
without therapeutic intervention, young offenders are more likely to return to criminal activity
after release. Therefore, there is a need to focus on mental health among juvenile offenders
which not only leads to individual character-building but also the betterment of the society.
1.3 Research Question and Significance of the Study
To what extent do mental health interventions under the Juvenile Justice Act contribute to
reducing recidivism among young offenders? This becomes significant today as, having an
understanding as to how untreated mental health issues leads to an active engagement in
criminal activity. Indisputably, effective policy measures have a profound impact on curbing
recidivism among juvenile offenders and provides for the betterment of the society.
2.Mental Health Interventions
2.1 Counselling and Cognitive Behavioural Therapy
Cognitive Behavioural Therapy is a type of psychotherapy that helps people identify and
change negative thought patterns. This has been found effective in treating juvenile offenders
with mental health issues and help them change their criminal behaviour patterns to becoming
law-abiding citizens. It can help restructure distorted thinking and perception, ultimately
leading to stopping recidivism2. Counselling is also provided to young offenders dealing with
behavioural issues and it encourages an understanding the impact of their actions.

2.2 Family Counselling and Support Programs

A major reason for an increase in juvenile delinquency and recidivism is family issues. This
might be due to broken families, lack of care and monitoring and emotional trauma as it affects
the child’s growth and his ability to form rational judgement. A family therapist counsels the
family so that they can bring out positive change in the behaviour of children as a child first
learns everything from his family. Support programs include parenting classes, mental health
services, substance abuse counselling that cater to the specific case concerned.
2.3 Substance Abuse Treatment
Juvenile offenders who are continually subjected to substance abuse is more likely to be
involved in criminal activity and hence it is imperative to curb it by means of proper treatment
as often inhibits a person’s ability to make rational judgements. In a study conducted in Delhi,
it was found that out of the 487 juveniles detained for different crimes, 86.44% of them had a
history of substance abuse3. Treatments aim to manage addiction and prevent recidivism as it
also addresses the major cause of substance abuse.

2
Preventing Future Crime with Cognitive Behavioural Therapy
https://nij.ojp.gov/topics/articles/preventing-future-crime-cognitive-behavioral-therapy

3
Substance use and criminality among Juveniles-under-enquiry in New Delhi
2.4 School Reintegration and Vocational Training
Many programs like vocational training as well as education are very crucial in the
rehabilitation of juvenile offenders and preventing delinquency. This can be done through
supportive school environment and encouraging positive actions and helps them in being a
responsible and law-abiding citizen. The reintegration of a child with the school will induce a
sense of belongingness and creates a mental support as well. This program helps a child
discover the purpose in his life and encourages to strive for it.

3. The Juvenile Justice (Care and Protection of Children) Act, 2015: An Overview
3.1 The Juvenile Justice (Care and Protection of Children) Act, 2015 came into force on
15th January 2016 which is a replacement of the Juvenile Justice Act, 2000.
• The Act introduces stronger measures for children in need of care and protection and
children in conflict with law. In the new law the term “juvenile” is replaced with “child”
or “child in conflict with law” to eliminate negative connotations. Adoption Chapter:
Streamlines adoption processes for orphaned, abandoned, and surrendered children
under the Central Adoption Resource Authority (CARA).
• Mandatory Registration of Child Care Institutions
3.2 Mental Health Provisions Under the Act
The Juvenile Justice Act, 2015 focuses on the importance of addressing the mental health
needs of children in conflict with the law as well as children in need of care and protection.
Like mandatory mental health assessments by the (JJB)4. These assessments help determine
the cognitive, emotional, and mental well-being of children, especially children with age 16–
18 involved in heinous offences, to decide whether they should be tried as adults. This mandates
individual and group counselling for institutionalized children and those in conflict with the
law. Families are involved in counselling sessions to strengthen emotional support and facilitate
the child’s reintegration into society. Research shows that mental health conditions such
as anxiety, sadness, PTSD, and behavioural disorders are highly prevalent among young people
who are in legal trouble.
Children who require special mental health needs or developmental disorders receive
personalized care and treatment from mental health professionals. Institutions are required to
provide de-addiction programs for children struggling with substance abuse, addressing both
recovery and behavioural issues or addiction. In addition to medical care, life skills and
vocational training are provided to promote self-esteem, emotional management, and healthy
relationships, helping children prepare for a constructive role in society.

https://pmc.ncbi.nlm.nih.gov/articles/PMC4919962/

4
The Juvenile Justice (Care and Protection of Children) Act, No. 2 of 2016, INDIA CODE (2016), available at
https://www.indiacode.nic.in/bitstream/123456789/2148/1/a2016-2.pdf.
For children placed in “places of safety” during or after trials, regular mental health
monitoring and evaluations are conducted to track their progress. for their emotional well-
being and mental health support to prevent recidivism.
3.3 Rehabilitation and Reformation Programs
Importance of Rehabilitation over Punishment:
Punishments might stop crime temporarily but rehabilitation has a long-lasting solutions or
impact on the Juveniles. Juveniles still in their formative years treated as individuals who are
capable of change and if proper care is given can make them responsible and productive
members of society. Rehabilitation aligns with child welfare objectives try to make efforts to
make the juveniles whose life is ruined because of their mistake liveable fostering personal
development and breaking the cycle of recidivism. By acknowledging the
neurodevelopmental differences between juveniles and adult’s courts can tailor responses to
restore the child's potential. Rehabilitation provides counselling, education, vocational
training, and substance abuse treatment, addressing the root causes of criminality and paving
a positive life course. Thus, rehab focuses on healing and detoxification therapy. People
really get benefitted from overcoming addictions with rehab facilities. Here the purpose is to
heal and give the right direction to people who are suffering from addictions. Whereas, prison
is meant for people who engage in crime. So, the purpose of ‘prison’ is punishment to stop
the crime5
Types of Rehabilitation Programs:
• Counselling and Psychological Support, Educational Programs, Skill Development and
Vocational Training, Family-Focused Rehabilitation, Substance Abuse Programs.

4. Mental Health and Juvenile Delinquency

4.1 Causes of Juvenile Delinquency
Juvenile delinquency arises from many factors like 1. family issues (children often tends to
follow the parental behaviours) Violence at Home, Lack of Moral Guidance and Supervision,
Poor Educational Quality, Poor School Performance, Substance Abuse, Peer Pressure,
Socioeconomic Factors, Their Lives Just Started, Fight for Their Rights. These 7 Factors
Leads to Juvenile Delinquency. Environmental and social factors play a crucial role in shaping
a child’s behaviour, leading to conflict with the law.
4.2 Impact of Psychological Disorders on Delinquent Behaviour
The link btw psychological disorder and the delinquent tendencies in adolescents is playing a
major role with disorders like Conduct Disorder (CD), Attention-Deficit/Hyperactivity
Disorder (ADHD), and Impulse Control Disorders (ICDs) in promoting criminal tendencies

5
https://utilefoundation.com/rehab-versus-prison
among the juveniles6. Research by Nigg et al. shows that children with ADHD often are
impulsive. which leads to their poor decisions and increased involvement in illegal activities
which leads to their vulnerability. Similarly, Grant and Chamberlain highlight that those
suffering from ICDs struggle to resist harmful urges and they often engage in risky conduct
that escalates into unlawful behaviour. Further the study at Loeber et al. emphasizes the
connection between CD and recurring aggressiveness or antisocial behaviours which increased
the likelihood of violent crimes and violations of the law and Teplin et al.'s findings illustrate
the widespread prevalence of behavioural disorders in juvenile detention centres with 58% of
male and 41% of female detainees meeting the criteria for at least one disorder. On a broader
scale, approximately 75,000 juveniles annually are linked to delinquent behaviour stemming
from psychiatric disorders. Longitudinal studies such as those conducted by Shaw et al.,
revealed the harsh reality that nearly half of children diagnosed with behavioural disorders
continues to engage in criminal activities into adulthood which highlights the long-term impact
of untreated conditions which could be prevented if the proper care was given in early stages.
These findings stress the importance of treating or preventing the crime in early stage by
intervention and mental health treatment in preventing delinquent behaviour from persisting
into later stages of life

5.Challenges in Implementing Mental Health Interventions

Approximately 50-75% of juveniles in the juvenile justice system meet criteria for a mental
health disorder, according to the National Centre for Biotechnology Information (NCBI)7.
Despite this prevalence rate is evidently greater than that of the general adolescent population,
the system fails to address its inadequate facilities and services.
Section 18(g) and section 93 of the Act mandate psychiatric care placement in specialised
mental health facilities; however, detention centres often do not deliver requisite services.
Although The Ministry of Women and Child Development developed a set of SOPs8
recognizing the Act's guiding principle to be rehabilitation, and not punishment; these
guidelines are not implemented effectively in practice. Corresponding gaps have been
highlighted globally by The United Nations report "Social Inclusion of Youth with Mental
Health Conditions", emphasizing the inconsistency between policy intentions and actual
service delivery.9

6
National Library of Medicine, Mental Illness and Criminal Behaviour, in StatPearls (StatPearls Publishing,
2024), available at
https://www.ncbi.nlm.nih.gov/books/NBK537064/#:~:text=Many%20of%20the%20symptoms%20of,between%
20psychiatric%20illness%20and%20criminality.
7
Underwood LA and Washington A, “Mental Illness and Juvenile Offenders” (International Journal of Environmental
Research and Public Health (February 18, 2016)
8 Alur PR, “Rehabilitation Of Children In Conflict With The Law” (Rehabilitation Of Children In Conflict With The Law
9 Shulman, E. and E. Cauffman (2011). Coping with incarceration: How do juvenile offenders adjust? Journal of Research

on Adolescence, vol. 21, pp. 818-826.)

The Integrated Child Protection Scheme (ICPS) requires periodic monitoring of juvenile
institutions to enforce mental health and welfare standards; however, findings by the National
Commission for Protection of Child Rights (NCPCR) unveils perpetual issues such as
overcrowding, bullying by inmates, and inadequate nutrition in childcare facilities,
highlighting major ineffectiveness in care quality, further worsening their mental health leading
to recidivism
Although the revised ICPS increased the budget allocation of a child per month, NCPCR
observed that this funding is inadequate to meet the mental health care needs of juveniles,
which further leads to a shortfall in qualified mental health practitioners (MHPs) and necessary
counselling services. The NCPCR’ report in 2018 further revealed that many childcare
institutions in the National Capital Region (NCR) lack regular MHPs, with existing
professionals often serving only as volunteers or part-time staff from NGOs. Additionally,
juvenile care personnel often lack training in child psychology, which is fundamental in
implementing child-sensitive, rehabilitative approaches.
Also, increasing numbers of juveniles from LGBTQ+ communities are coming into contact
with the juvenile justice system. Western studies indicate that LGBTQ+ youth are particularly
vulnerable to bullying and discrimination in detention, further elevating their risk of mental
health issues. Although Indian data remains scarce, the system's lack of specific support
mechanisms for LGBTQ+ youth is a concerning gap that increases mental health disparities.
The juveniles in the justice system face social stigma; ranging from the negative perception of
society to adverse media portrayals, which can cause severe mental health issues among the
children making social reintegration efforts challenging. Confidentiality breaches further
complicate the mental health scenarios for juveniles despite the JJ Act mandates confidentiality
within the justice system. Lack of community support is a major challenge, disrupting
successful rehabilitation and making it harder for juveniles to reintegrate after release.

6.Effectiveness of Mental Health Interventions

Through Mental health interventions, recidivism in juvenile offenders can be effectively
reduced by addressing underlying psychological issues.
Studies indicate that integrating mental health interventions into juvenile justice systems
effectively lowers recidivism rates. According to the research conducted by the Juvenile Justice
and Delinquency Prevention Council in the United States, children who received mental health
care exhibited a 25% lower chance of reoffending than the others. Structured and individualized
plans such as cognitive-behavioural therapy (CBT), functional family therapy (FFT),
multisystemic therapy (MST), trauma-informed care, and drug abuse counselling are
particularly found effective and long-term interventions are found to be more beneficial and
successful over time.10

10
Intersection between mental health and the juvenile justice system
Case Study
To highlight the efficacy of mental health interventions in juveniles, Kerala's Kaval Project can
be taken into study.
Kaval, launched in 2016, under the technical supervision of the National Institute of Mental
Health and Neuro Sciences (NIMHANS) in Bangalore, offers comprehensive social and
psychological support and care to children in conflict with the law, facilitating rehabilitation
and reintegration.
Being a part of the Integrated Child Protection Scheme (ICPS), the Project adopts a primary
and secondary-stage structured intervention methodology. Primary interventions include
regular home visits to understand the child's environment, build rapport, and assess specific
needs ensuring they receive necessary care and support including educational support and, de-
addiction treatment for those struggling with substance abuse. Secondary interventions involve
conducting group sessions, developing individualized plans, equipping children with essential
life skills, training parents in positive reinforcement techniques, and offering individual
counselling’s , while regular follow-up visits are conducted to monitor progress and provide
support .Community-level interventions are facilitated, such as medical camps, awareness
classes, and legal orientation programs, and supports educational needs through free tuition
and learning materials, ensuring the child's rehabilitation back to the society.
The Project is implemented in collaboration with various non-governmental organizations
(NGOs) selected for their expertise in child welfare and rehabilitation. The District Child
Protection Unit collects lists of children in conflict with the law from the Juvenile Justice Board
and hands them over to these NGO s. for tailored interventions.
Data collected from one such notable NGOs named Centre for Overall Development (COD) in
Kozhikode district reveals the operational framework and the impact of the project. The success
is evident from the remarkable stories of the children who have secured employment in various
fields and position, some even in abroad, leading peaceful, productive lives, setting positive
examples for others. Their journeys from law-breaking children to successful to law-abiding
citizens serves as a testament to the project’s success, highlighting how dedicated psychosocial
support and comprehensive care can transform lives and build a better future for children.
Through these comprehensive efforts, this Kerala-model project continuously supports and
monitors progress to successfully reintegrate these children into society.

Conclusion

https://ojjdp.ojp.gov/model-programs-guide/literature-
reviews/intsection_between_mental_health_and_the_juvenile_justice_system.pdf
This research paper tries to highlight the intricate link btw juvenile delinquency, recidivism,
and mental health, it emphasizes on the critical role of timely interventions. Through
therapeutic approaches like Cognitive Behavioural Therapy (CBT), family counselling,
substance abuse treatments, and school reintegration programs, young offenders can be steered
toward rehabilitation instead of punishment. The Juvenile Justice Act, 2015 further strengthens
the effort by incorporating mental health assessments and structured support. Successful
projects, such as Kerala’s Kaval initiative, demonstrate how targeted interventions can
transform juveniles into responsible, law-abiding citizens, ensuring long-term societal benefits
and reducing reoffending.