Simran Rauf, Jai Narain Vyas University
ABSTRACT
An endeavour aimed at exploring new potentiality and making a paradigm transformation in confronting challenges being faced by juveniles experiencing long term confining and detainment, primarily leading to reincarceration and reciprocal influence of major substance abuse on various mental health disorders. This paper prospects the extent to which delinquency and mental illness co-occur, the cyclical relationship of untreated mental health disorders and substance abuse and how juvenile offenders frequently experience a complex interplay of psychological and behavioural issues which needs root policy level psycho social interventions including right to access information, prioritizing rehabilitation over punishment and right of children to give directions regarding specialised treatment according to their conditions, instead of just medical assistance and penalising them, which often lead them to a repetitive criminal behaviour.
The Mental Health Care Act, 2017 significantly includes various detailed provisions providing rights of peoples with mental illness including rights of rehabilitation and rights to access information and healthcare facilities of their choice. However, the application of these rights and principles appears to be restricted and under achieved as a truly child rights based mental health care system focusing on juvenile recidivism. So, by examining effectiveness of present interventions and treatment programs available to children, a possible way forward could be recommendations overcoming juvenile recidivism by creating guidelines about rights of these children, which are always considered as trivial. And how these shortcomings need to be addressed and applied in conjunction with the juvenile justice system involving a comprehensive right centred approach for juveniles struggling and experiencing mental health issues and drug abuse post detention and confinement at such tender age.
Keywords: Mental Health Illness, Substance Abuse, Reincarceration, Juvenile Justice System, Psychological and Behavioural Disorders, Psycho Social Interventions, Mental Health Care Act 2017.
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