In a significant ruling, the Bombay High Court emphasized the need for a reformative approach in handling cases involving young offenders. Justice Milind Jadhav, presiding over the case, granted bail to a 20-year-old man accused of sexually assaulting his minor cousin, underscoring the importance of rehabilitation over punitive measures.
The accused had reportedly assaulted his cousin on three occasions between April and May 2023. The matter came to light in August 2023 after the victim became pregnant and confided in her friend’s mother, leading to the registration of the case and the subsequent arrest of the youth.
In his ruling on February 7, Justice Jadhav noted that considering the accused’s age, continued incarceration would essentially punish him before a conviction could be secured. “Any further incarceration would amount to giving him punishment before conviction,” the court observed, adding that it is crucial for the accused’s family to assist him in reforming and leading a reformed life.
The court articulated a vision where punishment should lead to a reformative outcome, particularly when the offender is young. Justice Jadhav highlighted the potential negative impacts of imprisonment on youth, including exposure to abuse and the likelihood of pursuing a criminal path. “Incarceration in prison statistically shows that it exposes many youths to abuse. There are several harms of incarceration, which are inflicted disproportionately on the youth,” he stated.
The judge also stressed the importance of providing young offenders with opportunities to reintegrate into society honorably, thereby preventing them from losing faith in societal institutions. “This is so that the accused gets an opportunity to reform, rehabilitate, and earn his livelihood honorably from the perspective of social integration,” Justice Jadhav said.
Furthermore, the court expressed concern that continued imprisonment could hinder the young man’s chances of success in society and expose him to further harm. The ruling underscored the thin line between punitive and reformative approaches, with a strong inclination towards the latter, especially in the case of young offenders.
