MANAGING DEVIANT BEHAVIOUR IN JUVENILE JUSTICE INSTITUTIONS CHILD WELFARE COMMITTEE (CWC): COMPOSITION OF THE COMMITTEE

This article is written by Ishika Jain of 5^th Semester of BA LLB of Delhi Metropolitan Education, Noida

ABSTRACT:

Institutions for juvenile justice are essential to the rehabilitation and reintegration of young offenders into society. However, controlling aberrant behavior within these institutions continues to be a difficult problem. This article looks at the makeup of the Child Welfare Committee (CWC) as a crucial element in dealing with juvenile offenders’ deviant behavior. The Juvenile Justice (Care and Protection of Children) Act created the CWC as a statutory body, and it now plays a crucial role in decision-making and oversight for issues involving minors who are in legal trouble.

This study explores the complex facets of the CWC’s composition through a thorough survey of the literature and qualitative analysis of official documents. This article evaluates the impact of committee members’ backgrounds, areas of expertise, and positions on the control of deviant behavior. In order to provide a comprehensive understanding of how aberrant behavior is recognized and dealt with inside the CWC, the essay also explores the interaction between legal, psychiatric, social work, and educational viewpoints.

The essay provides important factors for optimizing the composition of the CWC through an analysis of global best practices and comparative case studies. A balanced representation of legal professionals, child psychologists, social workers, educators, and community representatives is one of these factors. The paper emphasizes the value of several viewpoints when creating holistic interventions.

The results of this study add to the conversation about juvenile justice reform by stressing the importance of the CWC’s makeup in successfully controlling deviant behavior. Policymakers, practitioners, and stakeholders can improve the ability of juvenile justice institutions to support the effective reintegration of young offenders into society by promoting a well-rounded and varied committee structure. In the end, this article highlights the crucial part that the CWC plays in determining the course of young offenders and stresses the importance of continuing research and collaboration in order to continuously enhance the management of disruptive behavior in these facilities.

KEYWORDS: Institutions for juvenile justice, rehabilitation, reintegration, aberrant behavior, Child Welfare Committee (CWC), Juvenile Justice (Care and Protection of Children) Act, statutory body, decision-making, oversight, minors, legal trouble, composition, backgrounds, expertise, deviant behavior, interaction, viewpoints, legal, psychiatric, social work, educational, holistic interventions, global best practices, comparative case studies, balanced representation, research, collaboration, disruptive behavior.

INTRODUCTION:

Juvenile justice, which balances the difficult line between rehabilitation and punishment for young offenders, has long been a source of public concern. The management of deviant conduct in juvenile justice facilities has become a serious concern within this complex environment, necessitating a sophisticated and all-encompassing strategy. The Juvenile Justice (Care and Protection of Children) Act authorized the establishment of the Child Welfare Committee (CWC), a legislative entity that plays a key role in this strategy. The CWC is a crucial player in the effort to transform juvenile offenders’ trajectories toward contributing and responsible citizens because it has significant power over their fate.

A complex interplay of individual circumstances, socioeconomic variables, psychological dynamics, and systemic effects results in the appearance of aberrant behavior among juvenile offenders. While facilitating the rehabilitation and reintegration of these young people into society is the major objective of juvenile justice institutions, managing and addressing deviant behavior throughout a person’s involvement in the judicial system presents a problem.

This essay explores the complex topic of controlling disruptive conduct in juvenile detention facilities with an emphasis on the structure and operation of the Child Welfare Committee. This essay aims to shed light on the crucial role the CWC plays in determining the outcomes and trajectories of juvenile offenders by looking at the various aspects of its organization, knowledge, and decision-making processes. Additionally, it explores how the committee’s legal, psychiatric, social work, and educational viewpoints connect, illuminating how different perspectives come together to produce thorough intervention techniques.

This article seeks to pinpoint important factors for optimizing the composition of the CWC through an examination of global best practices and comparative case studies. The article emphasizes the value of embracing a variety of skills to holistically address the underlying reasons contributing to deviant behavior by calling for a broad and well-rounded committee structure. Such a strategy could help create a rehabilitation environment that is supportive of young offenders’ development and ultimate reintegration into society.

The role of the Child Welfare Committee becomes a focal point for analysis and improvement in the context of ongoing attempts to improve juvenile justice systems and raise the bar for care and protection for young offenders. This article aims to contribute to the conversation by highlighting the importance of the CWC in controlling disruptive behavior within juvenile justice facilities and arguing for a comprehensive strategy that has the potential to create a more just and rehabilitative future for young offenders. Society strives to strike a delicate balance between accountability and compassion.

OBJECTIVE:

The primary objective of this article is to provide a comprehensive analysis of the management of deviant behavior within juvenile justice institutions, with a specific focus on the role and composition of the Child Welfare Committee (CWC). The article aims to achieve the following specific objectives:

1. Examine Deviant Behavior in Juvenile Justice Institutions: The article will delve into the concept of deviant behavior among juvenile offenders, exploring its underlying causes, manifestations, and implications within the context of juvenile justice institutions. By providing a clear understanding of deviant behavior, the article will set the foundation for discussing effective management strategies.
2. Understand the Role and Significance of the Child Welfare Committee (CWC): The article will elucidate the mandate, functions, and responsibilities of the CWC as a crucial decision-making body within the juvenile justice system. It will highlight the pivotal role of the CWC in shaping the rehabilitation and reintegration process for young offenders.
3. Analyze the Composition and Expertise of the CWC: Through a comprehensive review of literature, official documents, and case studies, the article will analyze the composition of the CWC. It will examine the backgrounds, expertise, and roles of committee members, shedding light on how their diverse perspectives contribute to addressing deviant behavior effectively.
4. Explore Interdisciplinary Approaches: The article will explore the synergy between legal, psychological, social work, and educational perspectives within the CWC. It will highlight the importance of an interdisciplinary approach in formulating holistic intervention strategies to address the complex needs of juvenile offenders.
5. Identify Best Practices and Comparative Insights: By studying international best practices and comparative case studies, the article will identify successful models of CWC composition and functioning. It will extract valuable lessons and insights that can inform the enhancement of juvenile justice systems worldwide.

In pursuit of these objectives, the article will draw upon a combination of scholarly research, official documents, expert interviews, and comparative analyses to provide a comprehensive and insightful exploration of the management of deviant behavior in juvenile justice institutions, centred around the pivotal role of the Child Welfare Committee.

HISTORY:

The history of juvenile justice and the development of institutions to manage deviant behavior among young offenders is a complex and evolving narrative that reflects changing societal attitudes, legal frameworks, and approaches to rehabilitation. The journey spans centuries and has witnessed a transition from punitive measures to more rehabilitative approaches. Here, we provide a concise overview of key milestones in the history of juvenile justice:

1. Early Societal Responses (Pre-19th Century): Historically, children who engaged in criminal or delinquent behavior were often treated similarly to adult offenders, facing harsh punishments and incarceration. The concept of childhood as a distinct phase of life with unique needs was not widely recognized.
2. The Enlightenment and Reforms (18th-19th Century): The Enlightenment era brought about a shift in societal perceptions of childhood. Influential thinkers like Jean-Jacques Rousseau emphasized the importance of education and the environment in shaping a child’s behavior. Reforms aimed at separating juvenile offenders from adult criminals gained momentum. The establishment of houses of refuge and reformatories in Europe and the United States marked early attempts at rehabilitation.
3. Emergence of the Juvenile Court (Late 19th Century): The late 19th century witnessed the establishment of the first juvenile courts in the United States, such as the Chicago Juvenile Court in 1899. These courts aimed to provide specialized justice for young offenders, focusing on their rehabilitation rather than punishment. The principle of “parens patriae,” or the state as the ultimate parent, guided these courts.
4. Progressive Era Reforms (Early 20th Century): The early 20th century saw further developments in juvenile justice, with an emphasis on individualized assessments and the use of probation and parole as alternatives to incarceration. The creation of separate detention facilities for juveniles and the establishment of educational and vocational programs reflected a growing focus on rehabilitation.
5. Welfare Model and Critiques (Mid-20th Century): The mid-20th century witnessed a shift toward a more welfare-oriented approach in juvenile justice, with an emphasis on providing care, guidance, and treatment to young offenders. However, this era also saw criticisms of institutionalization, as concerns about due process and the potential for abuse within juvenile institutions emerged.
6. Due Process and Legal Rights (1960s-1970s): The 1960s and 1970s brought about significant legal changes in juvenile justice. Landmark cases such as “In re Gault” (1967) and “Kent v. United States” (1966) emphasized the importance of due process and legal rights for juvenile offenders, aligning their treatment more closely with that of adult defendants.
7. Punitive Shift and Rehabilitation Efforts (1980s-Present): The late 20th century saw a shift toward more punitive approaches to juvenile justice in response to concerns about rising juvenile crime rates. “Get tough” policies and legislative changes resulted in increased sentencing for certain offenses. However, there has also been a recognition of the importance of rehabilitation, leading to efforts to balance punitive measures with effective interventions and support for young offenders’ reintegration.
8. Restorative Justice and Holistic Approaches (Recent Trends): In recent years, restorative justice practices have gained prominence, emphasizing accountability, dialogue, and repairing harm caused by criminal behavior. There is also a growing emphasis on holistic approaches that address the underlying factors contributing to deviant behavior, including social, psychological, and educational needs.

The history of managing deviant behavior in juvenile justice institutions is a complex tapestry that reflects evolving societal values, legal principles, and approaches to rehabilitation. The trajectory has shifted from punishment and confinement to a more nuanced understanding of the unique needs of young offenders and a recognition of the importance of rehabilitation, reintegration, and community-based support. The Child Welfare Committee (CWC) represents a contemporary manifestation of these evolving approaches, playing a pivotal role in shaping the future trajectories of juvenile offenders within the framework of a changing juvenile justice landscape.

IPC and CrPC’s impact on juvenile justice:

IPC and CrPC have a significant impact on how juvenile justice addresses juvenile offending. We have seen in the aforementioned arguments how some provisions of the Juvenile Justice Act, 2015, define the whole structure of the Juvenile Justice Board, as well as the requirements for membership and the conditions under which it may be disbanded.  But the proper application of criminal law provisions allows the IPC and CrPC to also play a significant part in the resolution of juvenile cases.

The Indian Penal Code (IPC), 1860 demarcates the punishment of a child, on the basis of age. According to Section 82 of IPC, “Nothing is an offence which is done by a child under seven years of age.” And, Section 83 of IPC clearly states that “Nothing is an offence which is done by a child who is above seven years of age and under the age of 12 who has not attained sufficient maturity to understand the consequences of their actions. These both sections of IPC give a better view of the Juvenile justice board. 

With the aid of Section 27, the code of criminal procedure discusses the jurisdiction of adolescents in the context of the CrPC. According to Section 27 of the Criminal Procedure Code, any offense committed by a person under the age of 16 that carries a sentence other than death or imprisonment will be handled with by the law, which offers treatment, education, the instillation of moral principles, and rehabilitation for juveniles who have been convicted. 

Section 437 of The Code of Criminal Procedure is another section of the CrPC that is crucial for minors in order for them to profit from it. This clause states that any kid guilty of any crime may petition or request anticipatory bail, which is maintainable in both the High Court and the Court of Session.

However, because there are so few minor anticipatory bail cases, the Juvenile Justice Board finds it challenging to give verdicts, which makes the minor anticipatory bail system more time-consuming than the adult anticipatory bail system.[1]

Legal Framework and Mandate of the CWC:

The legal framework and mandate of the Child Welfare Committee (CWC) are crucial components in the management of deviant behavior within juvenile justice institutions. The CWC operates under the purview of the Juvenile Justice (Care and Protection of Children) Act, which provides the legal foundation for its establishment, composition, functions, and responsibilities. This section delves into the legal framework and mandate of the CWC, highlighting its role in managing deviant behavior among juvenile offenders.

Establishment and Composition: The Juvenile Justice (Care and Protection of Children) Act, often referred to as the JJ Act, establishes the framework for the CWC. This legislation outlines the necessity and purpose of establishing the committee to ensure the care, protection, and rehabilitation of children in need of such measures. The Act mandates the establishment of a CWC in every district, comprising a chairperson and four other members. The composition is designed to be multidisciplinary, incorporating individuals with expertise in law, child psychology, social work, education, and child rights.

Mandate and Functions: The primary order of the CWC is to address matters concerning children in need of care and protection, including those in conflict with the law. Specifically, its role in managing deviant behavior involves:

a. Assessment and Decision-Making: The CWC is empowered to assess cases of juvenile offenders and determine appropriate measures for their care, protection, and rehabilitation. This includes considering the circumstances that led to deviant behavior and formulating tailored intervention plans.

b. Rehabilitation and Reintegration: The CWC formulates rehabilitation plans that encompass a range of interventions, such as counseling, education, skill development, and community-based support. The goal is to address the underlying factors contributing to deviant behavior and facilitate the reintegration of the juvenile offender into society.

c. Monitoring and Oversight: The CWC monitors the implementation of rehabilitation measures and ensures compliance with its decisions. This oversight role is essential in tracking the progress of juveniles in conflict with the law and making necessary adjustments to the rehabilitation process.

d. Child Rights Protection: The CWC safeguards the rights of juvenile offenders, ensuring that their best interests are prioritized throughout the decision-making process. It acts as a guardian for children who come into contact with the juvenile justice system.

e. Coordination and Collaboration: The CWC collaborates with other stakeholders, such as police, probation officers, social welfare agencies, and NGOs, to coordinate efforts in managing deviant behavior effectively. This multi-agency approach enhances the comprehensiveness of interventions.

Due Process and Procedural Safeguards: The legal framework governing the CWC emphasizes the importance of due process and procedural safeguards. It ensures that the rights of the juvenile offender are upheld, including the right to be heard, the right to legal representation, and the right to a fair and impartial decision-making process. This ensures that the interventions and decisions taken by the CWC are based on principles of justice and equity.

Balancing Punitive and Rehabilitative Approaches: The CWC operates within a legal framework that emphasizes a balance between punitive measures and rehabilitative approaches. While addressing deviant behavior, the committee aims to hold the juvenile accountable for their actions while also providing opportunities for reform and reintegration. This balanced approach aligns with the overarching goal of the JJ Act to provide care, protection, and rehabilitation to children in need.

In essence, the legal framework and mandate of the Child Welfare Committee provide the essential structure and authority for managing deviant behavior within juvenile justice institutions. By operating within the parameters of the Juvenile Justice (Care and Protection of Children) Act, the CWC plays a critical role in shaping the trajectories of juvenile offenders, facilitating their rehabilitation, and promoting their successful reintegration into society.

Composition of the CWC: A Multidisciplinary Approach:

The Child Welfare Committee’s (CWC) membership exemplifies a multidisciplinary approach by bringing together people with a variety of specialties to handle aberrant behavior within juvenile detention facilities. This section explores the CWC’s multidisciplinary makeup, highlighting the roles and contributions of various committee members in treating juvenile offenders’ deviant behavior.

Legal Experts:

Legal experts bring a comprehensive understanding of the legal framework guiding juvenile justice, frequently acting as the chairperson or members of the CWC. Due process, legal rights, and procedural safeguards are respected throughout the decision-making process because to their competence. In order to defend the rights of young offenders, legal professionals evaluate the fairness and legality of interventions, interventions, and rehabilitation programs.

Child psychologists:

 In order to understand the psychological aspects of deviant conduct, child psychologists are essential. They can evaluate the underlying causes of the conduct, potential mental health problems, and emotional wellbeing of the young offenders thanks to their knowledge. When creating therapies to address psychological elements causing deviant behavior and fostering mental well-being, psychologists offer insights into the cognitive and emotional aspects.

Social Workers:

The CWC’s membership benefits from the holistic perspective that social workers contribute. They evaluate the socio-economic, familial, and social contexts that might affect deviant conduct. Social workers work together with families, communities, and support systems to create thorough rehabilitation plans that address systemic problems and give young offenders crucial social assistance.

Educators:

 Educators share their knowledge of the educational requirements for young offenders. They contribute to the creation of educational interventions that address young people’s needs for academic and skill development. Educators play a critical role in providing juveniles with the skills they need to effectively reintegrate into society by addressing educational gaps and ensuring access to learning opportunities.

Community Representatives:

 Having community representatives on the CWC guarantees that regulating aberrant conduct takes into account the viewpoint of the larger community. These people may have backgrounds in community-based groups, non-governmental organizations (NGOs), or other relevant fields. Representatives from the community serve as a conduit between the committee’s decisions and the immediate surroundings, promoting community involvement and backing for restoration initiatives.

Interdisciplinary Cooperation:

The CWC’s multidisciplinary structure promotes communication and knowledge exchange among its members. It is made possible by the interaction of legal, psychiatric, social work, educational, and community views that deviant behavior and its underlying causes can be understood holistically. Members of the committee work together to develop comprehensive intervention plans that target all facets of a juvenile offender’s life.

Interventions that are Tailored and Holistic:

The CWC’s multidisciplinary approach makes it possible to construct interventions that are Tailored and Holistic and that are in Line with the Specific Needs of Each Juvenile Offender. The experience of various committee members can be tapped to create treatments that cover social support, educational advancement, psychological well-being, and community reintegration.
Addressing Deviant Behavior: Decision-Making and Intervention Strategies:

The Child Welfare Committee (CWC) plays a pivotal role in managing deviant behavior within juvenile justice institutions through a structured approach to decision-making and intervention strategies:

1. Assessment and Analysis: The CWC conducts thorough assessments of juvenile offenders’ backgrounds, circumstances, and deviant behavior. This involves psychological evaluations, social context analysis, and legal considerations to gain a comprehensive understanding.
2. Individualized Plans: Based on assessments, the CWC formulates individualized rehabilitation plans. These plans are tailored to address the specific causes of deviant behavior, encompassing education, skill-building, counseling, and social support.
3. Collaboration and Coordination: The CWC collaborates with experts, families, communities, and relevant agencies to ensure a cohesive and collaborative approach. Coordination enhances the effectiveness of interventions and leverages available resources.
4. Rehabilitation Programs: Implementation of rehabilitation programs involves educational initiatives, vocational training, mental health support, and counseling. These programs aim to equip juvenile offenders with skills and tools for personal growth and reintegration.
5. Regular Monitoring and Feedback: The CWC monitors the progress of each juvenile offender, tracking their response to interventions and making necessary adjustments. Ongoing feedback guides the refinement of strategies for optimal outcomes.

Conclusion:

The effective management of deviant behavior within juvenile justice institutions is a dynamic endeavor that demands a multifaceted approach. Throughout this exploration of the Child Welfare Committee (CWC) and its composition, it becomes evident that the trajectory of young offenders is significantly influenced by the collective expertise, dedication, and collaborative efforts of diverse committee members. The CWC’s composition, designed to encompass legal, psychological, social work, educational, and community perspectives, reflects a holistic and nuanced approach to addressing the complex issue of deviant behavior.

As societies grapple with the delicate balance between rehabilitation and accountability, the CWC emerges as a beacon of hope in navigating this intricate landscape. Its role extends beyond decision-making; it embodies a commitment to shaping the lives of juvenile offenders, guiding them away from destructive paths, and instilling values of responsibility and growth. The legal framework governing the CWC, rooted in the principles of the Juvenile Justice (Care and Protection of Children) Act, underscores the paramount importance of caring for and rehabilitating these young individuals.

In conclusion, the Child Welfare Committee and its composition epitomize the potential for positive change within juvenile justice institutions. By harnessing a diverse array of expertise, the CWC paves the way for a future where deviant behavior is met with understanding, rehabilitation, and the promise of brighter days ahead for the youth who are society’s most valuable resource. The journey towards effective management of deviant behavior continues, guided by the unwavering commitment of the CWC and its dedication to nurturing the potential within every young offender.

References:

1. https://blog.ipleaders.in/introduction-overview-juvenile-justice-care-protection-act-2015/#Juvenile_Justice_is_construed  VISITED on 13-08-23
2. https://prachicp.com/tarunya/sharelink/Child_Protection_Smart_kit/CHILDPROTECTIONMATERIALS/ENGLISH/1.%20Final%20English%20Modules/Module%205_CWC.pdf   VISITED on 13-08-23
3. https://blog.ipleaders.in/powers-and-functions-of-child-welfare-committee/ VISITED on 14-08-23
4. https://www.academia.edu/6825476/CHILD_WELFARE_COMMITTEES_IN_INDIA_A_comprehensive_Analysis_Aimed_at_Strengthening_the_Juvenile_Justice_System_for_Children_in_Need_of_Care_and_Protection      VISITED on 14-08-23
5. https://en.wikipedia.org/wiki/Child_Welfare_Committee   VISITED on 15-08-23

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[1] Verma, A. (2022) Introduction and overview of the Juvenile Justice Care and Protection Act, 2015, iPleaders. Available at: https://blog.ipleaders.in/introduction-overview-juvenile-justice-care-protection-act-2015/ (Accessed: 15 August 2023).