Abstract

This research undertakes a critical doctrinal and theoretical examination of the confluence between juvenile justice, mental health jurisprudence, and international human rights law, with particular reference to the provision and adequacy of psychological support systems within Observation Homes, as governed by the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). Despite India’s pronounced normative commitments to rehabilitation and the protection of child rights, the implementation landscape reveals a conspicuous neglect of mental health services for Children in Conflict with Law (CICL). This frequently culminates in re-traumatization, systemic marginalization, and violations of fundamental human rights during custodial care. Anchored in India’s constitutional mandate under Article 21, which guarantees the right to life with dignity, this research engages in a rigorous textual and normative analysis of domestic statutory instruments, subsidiary legislation including the Juvenile Justice Model Rules, and relevant jurisprudence. It simultaneously interrogates India’s obligations under key international legal frameworks, notably the United Nations Convention on the Rights of the Child (UNCRC) and the Convention on the Rights of Persons with Disabilities (CRPD). Employing a suite of critical theoretical paradigms, such as the Best Interests of the Child principle, the Human Rights-Based Approach (HRBA), the Restorative Justice framework, and the Social Model of Disability, the study evaluates the extent to which the current legal architecture safeguards the psychosocial integrity and mental well-being of CICLs within institutional settings. The research seeks to identify and elucidate normative lacunae, statutory ambiguities, and jurisprudential deficits concerning the mental health entitlements of juvenile offenders. In doing so, it advances a robust argument for trauma-informed, child-centric statutory interpretation and structural reform, consonant with evolving international human rights standards. By foregrounding mental health as an integral component of rehabilitative justice, this research aspires to contribute substantively to the jurisprudence of child rights. It aims to catalyse a paradigm shift toward a more humane, responsive, and legally coherent juvenile justice system in India.

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