A STUDY ON JUVENILE DELINQUENCY IN INDIA


The authors of this blog are Prenita Ranjan and  Piyush Karan Singh, BA LLB(H) students of  Amity Law School, Amity University, Noida, Uttar Pradesh


                   

INTRODUCTION

The smoothness of socialization is ensured by social relations, but these days the lifestyle has become so complex that such relationships are collapsing, the increase in maturity gap and arguably the limited opportunity of becoming an independent person. Nowadays, youth are subject to risk and are being presented with new opportunities, some of which are beneficial and some are potentially harmful, quite often these harmful opportunities are taken by young people who end up committing crimes such as drug addiction and some may even become violent. Concept of juvenile delinquency deals with the negative behavior of children and teenagers that may result in crimes or illegal actions.
This article deals with the concept of juvenile delinquency and the laws that we have for the same, the article also discusses the possible reason and prevention of juvenile delinquency.

Aman, a 15-year-old adolescent was sent to an observation center and was kept in special housing for minors for 3 years. He was sent there for murdering his best friend while they were drunk and got into a fight. A special housing center where they provided him with basic requirements of food, clothing, and shelter, but no emotional support or a condition that will make him not to return back to crime. It is said, children are victims of their circumstances, for Aman, his father was an abusive alcoholic and poverty was a big reason.
There are many stories such as these and many children who are sent to observation and special care centers for committing different crimes and each one of them holds their own story and reason to be there. A person below the age of 18 years is considered a juvenile. According to [1]  National Crime Bureau 2003 report, 328 juveniles were charged with committing murder and the number increased to 845 in 2013. Crimes which were committed by juveniles of age 16-18 years in 2003 was rated 54% which increased to 66% in 2013 and is still increasing. [2]Juvenile delinquency refers to a minor committing crime which has become a very serious issue in India due to the persistent increase in children’s involvement in crimes.

 REASONS FOR JUVENILE DELINQUENCY

It is very important for us to understand the reason behind juvenile delinquency and what causes these children to end up committing crimes, we can effectively come out with solutions to control such acts from occurring. Some of the causes of juvenile delinquency can be as follows:
      POVERTY:
Poverty is something that drives a person to do acts that he would have never in normal circumstances, in order to fulfill the basic needs of shelter, food, and clothing many times children end up stealing, committing acts of theft just to fulfill their hunger. Poverty can drive a child to do acts of crime, just to gain some money or to fill their stomachs.
      FAMILY CONFLICTS/ABUSE:
The way the children are treated and taken care of in their homes has a great impact on how they turn out to be. The abuse they face at homes makes them fearless and turns them to do acts that can have serious consequences and makes their decision making skill very weak.
      LACK OF ATTENTION/ SUPERVISION:
Parents should be aware of the people their child is spending his/her time with, parents should have the knowledge about where their child is and what problems and what all he is going through in his daily life.
      SOCIAL PRESSURE TOWARDS PERFORMANCE:
Many children take these crimes as a way of fun and as an act, they should be proud of.
      TOO MUCH ACCESS TO MONEY:
Many parents feel that it is fine to provide their children with access to infinite money and forget to teach them the proper use of it. Children often end up using this money for illegal drug use and they feel that their parent’s money is a closet for them to escape anything wrong they do.

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

The Juvenile Justice Act of 2015 came into force on 15 January 2016. The [3]new act categorizes children between the age of 16-18 years as a category where they can be tried as adults if they have committed a heinous offense, although it’s not mandatory but can be done in exceptional cases. The main purpose of this act is to provide help for delinquents, and other children who are in difficult circumstances.
This amendment to the juvenile justice act 2000 was proposed by the [4]Ministry of Women and Child Development in the year 2014 keeping in mind the increase in a number of offenses that were taking place by a minor, the amendment was also a the backdrop of the [5]Delhi gang rape in 2012 as among the many offenders in the case, one of the offender was a minor of 17 years. The [6]JS Verma Committee was constituted in order to recommend amendments to the Juvenile Justice Act and this committee recommendation stated that it was not inclined to reduce the age of juvenile from 18 years to 16 years, but instead, for heinous offenses a special category of 16-18 years was created and under some special circumstances they could be tried as adults. Three circumstances or criteria were kept for trying these minors as adults in special cases in front of the juvenile justice board.

JUVENILE JUSTICE BOARD
Juvenile boards are formed for juveniles who have committed crimes, as according to the criminal code children are not allowed to be taken into regular courts, the purpose is to provide rehabilitation and not punishment.
The board has been given various functions under this section of the act, such as
       It is the duty of the board to make sure that the rights of the children are protected.
       The board has to make sure that the parents or the legal guardian of the child is properly informed about the reason for the trial and the crime that has been committed by the child
       The board has to make sure that the child is able to get proper help and support from the government made institutions, if needed. The board can also direct a probation officer or child welfare office to take social investigation into the case and submit a report for the same within fifteen days from date of first production in order to ascertain the circumstances in which the crime was committed.
       The board has to dispose of the order by final verdict along with an individual care plan for the child.
       The board has the power to conduct regular inspection in such child care facilities.

HOW CAN WE REDUCE JUVENILE DELINQUENCY?

1.       Playing sports, one not only gets engaged but also learns to accept failure and success, it teaches discipline, makes them understand coordination and corporation. ([7]Khelo India can be considered a way towards it)
2.      Teachers should be trained in a way that they are able to understand the psychology of the children and help them choose the right path.
3.      Accountability and intervention: Parents should know about the whereabouts of their children and the activities they are indulged in, children should be told about the consequences of any such action, and should be brought up in a surrounding where they feel free to talk to their parents.
4.      Awareness: Awareness programs and seminars should be encouraged.

 

CONCLUSION

Juvenile delinquency is a major world issue that needs to be tackled. With recent cases such as that of [8]Boys locker room, we are failing to protect our children. It’s not just to reduce crime, they are our next generation, we need to make them competent enough to carry the development so that it does not fall back. It’s our social and economic burden that we need to change, we cannot control a 40-year-old criminal but we can very well control a 14 yr old juvenile delinquent. As it is said prevention is better than cure, we should create such an environment for children that they do not end up choosing the wrong path.




BIBLIOGRAPHY
PRIMARY SOURCE
       Prof. N.V. Paranjape, Criminology, Penology with Victimology, page no 665, Central Law Publications, 17th (ed.), 2017.

SECONDARY SOURCE
       The Juvenile Justice (Care and Protection of Children) Act, 2015
       The Juvenile Justice Act, 2000
       United Nations Convention on the Rights of Child, 1989.
       The Code of Criminal Procedure, 1973
        Indian Penal Code
TERTIARY SOURCE
       Ministry of Women and Child Development-  https://wcd.nic.in/
       National Crime Bureau- https://ncrb.gov.in/































  



[2] Siegel, _Larry J.;; Welsh, Brandon (2011). Juvenile Delinquency: The Core (4th edition.). Belmont, CA: Wadsworth/cengage_Learning.-ISBN 978-0534519322.
[3]  "Juvenile Justice Bill approved in Lok Sabha"Zee News. 7 May 2015. Retrieved 4 June 2015.
[5]  TNN (31 August 2013). "Nirbhaya gang-rape case: Juvenile found guilty of rape and murder". The Times of India. Retrieved 31 August 2013.
[8]  Yadav, Jyoti (2020-05-04). "Delhi women's commission wants 'Bois Locker Room' probed, sends notice to Instagram, police". ThePrint. Retrieved 2020-05-11.

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