JUVENILE DELINQUENCY

1. INTRODUCTION
1.1 JUVENILE

Juvenile or child means any person who does not able to understand the consequences of his act
or who has not yet reached at the age of adult in terms of childish behavior or immaturity. In the
Legal sense, juvenile or child is a person who has not attained particular age which can be
prescribed by law of the country on which he can be held liable for his criminal acts like an adult
person.

According to the UN Convention on the Rights of the Child​​, ‘a child means every human
being below the age of 18 years, unless under the law applicable to the child, majority is attained
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earlier’ .

According to National Plan of Action for Children, 2005​​, the definition of a child is a person
up to age of 18 years.

Legislation/Law Age
Constitution of India
1. Article 24 14

2. Article 15, 39 Not Specified

3. Article 21 A 6-14

4. Article 45 6

Child Labour
1. The Child Labour (Prohibition and 14
Regulation) Amendment Act,2016

2. Factories Act,1948 14

1
Article 1, UNCRC, 1989
 3. The Mines Act,1952 18

Child Marriage
1. Prohibition Of Child Marriage Act, 2006 For Girls-18
For Boys- 21
2. Option of Puberty under Muslim Law 15-18

Guardianship
1. Hindu Minority and Guardianship 18
Act,1956

2. Section 125 of Criminal Procedure Code, 18

1973

3. Hindu Adoption and Maintenance Act, 15

1956

Hindu Marriage Act 1955 For Boy 21

For Girl 18
Indian Contract Act, 1872 18
Indian Majority act 1875 18
Indian Penal Code 1860
1. Section 82 Below 7

2. Section 83 7-12

3. Section 293 Under the age of 21

4. Section 305 Under 18

5. Section 361 For Boys 16

For Girls 18
6. Section 363A, 372,373 18
 7. Section 375 – consent 18

8. Exception of Section 375- Rape of Wife Below age of 15

Immoral Traffic Prevention Act,1956 16

Juvenile Justice Act,1986 Boys – 16
Girls -18
Juvenile Justice (Care and Protection of Children) 18
Act,2000
Juvenile Justice (Care and Protection of Children) 18
Act,2015 For heinous crimes- 15
Protection of Children from Sexual Offence 18
Act,2012

1.2. DELINQUENCY

Delinquency is such behaviour of a juvenile which is socially not permitted in any society. It is
unwelcomed action, omission or moral behaviour of a juvenile. Generally there are certain social
obligations which are anticipated from child by the people, when the child fails to meet such
obligations then he is considered to be delinquent.

1.3 JUVENILE DELINQUENCY

A criminal activity committed by adult which is in violation of law is considered as a crime and
is punishable in law but if the same activity is committed by a child below a particular age, it is
not considered a crime and is referred as juvenile delinquency no matter that a child with full
understanding has committed a very serious, grave, grim and a heinous crime.
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1.4 JUVENILE IN CONFLICT WITH LAW

2
Geeta Chopra, Child Rights in India: Challenges and Social Action 85(Springer, New Delhi,2015).
The term ‘children in conflict with the law’ refers to anyone under 18 years of age who comes
into contact with the justice system as a result of being suspected or accused of committing an
offence. Children who come in conflict with law cannot be treated in the same way as an adult
offender. The system needs to understand what circumstances lead to the child committing a
crime and then help the child to come out of the situation. Being a child, there is always hope
that the child with proper guidance and support can be rehabilitated into the main stream rather
than becoming a hardened criminal. The entire juvenile justice system rests on this belief and
ideology.

According to Sec 2 (13) of Juvenile Justice (Care and Protection of Children) Act ,2015
“child in conflict with law” means a child who is alleged or found to have committed an offence
and who has not completed eighteen years of age on the date of commission of such offence;

2 JUVENILE AND SOCIOLOGY

2.1 CAUSES OF JUVENILE DELINQUENCY

With the passage of time crime rates are increasing all over the world. There is no single root
causeof crime. Crime is primarily the outcome of multiple adverse social, economic, cultural and
family conditions. To prevent crime it is important to have an understanding of its roots. The
causes of crime are primarily related to :

1. Economic Situation
2. Social Environment
3. Family Structures
4. Other

1. ECONOMIC SITUATION

The major economic factors that contribute to the crime initiations are Poverty, Unemployment

and Political Situation.

Poverty and Inequality

Financial crisis due to poverty causes the person to involve in criminal activities. A poor father
may not be able to educate his children in school and lack of education may lead to criminal
thinking of a child. Homelessness causes the children to spend most of the time on streets.

Unemployment

Lack of employment opportunities leads to criminal activities amongst the unemployed. An

unemployed person needs to run his household by any means and when he does not find any
legal opportunity to earn, he may get involved in criminal activities to finance his living.

Political Conditions

Due to political uncertainty, sense of insecurity develops in the members of the society. The
sense in which they because hopeless of their future due to which they get involved in unfair
means of earning.

2. SOCIAL FACTORS

Our social structure mirrors to citizens and communities what we value and how we set
priorities. Social environment is needed to be studied with respect to different environmental
scenarios.

The core social root causes of crime are:

1. Inequality,

2. Not Sharing Power,

3. Lack of support to families and neighborhoods,

4. Real or perceived inaccessibility to services,

5. Lack of leadership in communities,

6. Low value placed on children and

7. Individual well-being, the overexposure to television as a means of recreation.

Social environment is needed to be studied with respect to different social scenarios. For this
purpose causes to crime from some of the core parts of the society with whom the youth directly
belong are separately explained below.

SCHOOL ENVIRONMENT

Causes related to the school environment are:

Disruptive Behaviour of a Child.

Lack of Commitment in School.

COMMUNITY​​ ​ENVIRONMENT

Major causes of crime related to community environment are:

1. Lack of cohesion in the society

2. Disorganization and neglect specially for youth
3. Easy availability of drugs
4. High population turnover (Number of Children)
5. Corruption in the law enforcing agencies
6. Weak law enforcing agencies.

3. FAMILY STRUCTURES

Despite intensive rehabilitative measures and special procedures for tackling the problem of
juvenile delinquency, its incidence is on a rise. The causes are varied including disintegration of
the family system and laxity in the parental control over the children: rapidly changing patterns
of modern living where they are faced with culture conflicts and an inability to differentiate
between right and wrong; failure of parents due to poverty, in providing necessities of life such
as food and clothing etc. draw their children to delinquency in a quest for earning money by
whatever means. Theorists who believe in the peer influence model also tend to support the
belief that family has a strong influence on the development of delinquent behaviour. According
to Grant S. McClellan, “We must accept this fundamental promise. No, child is born into the
world to be bad or good. He is as bad as or as good as we make it possible.

Edwin H. Sutherland discovers certain characteristics prevalent in the homes, from which
delinquent children come most frequently.

a) Criminality, immorality or intoxication, etc. among the members of family;

b) Separation, divorce and any desertion in family;

c) Over crowding home conditions;

d) Defective discipline due to ignorance, blindness etc. on the part of parents or substitute
parents, negligence of parents;

e) Unsympathetic condition;

f) Anger, excitement at home;

g) Rigorous treatment of parents;

h) Poverty;

i) Lack of respect and responsibility amongst family members;

j) Lack of communication between children and parents;

k) Poor parental supervision.

BAD COMPANY

Criminal behaviour is acquired through interaction with others. An individual becomes a

criminal when there is excess of conditions that prevent such infringement. And among children,
some get good company while others can't. The child who gets bad company turns towards crime
while, the child who gets into good company progress to become an able and useful member of
society. An individual's behaviour is influenced to a considerable extent by the conduct of his
companions.

Peer Group and Neighborhood

Peer group and neighborhood to a great extent contribute, towards juvenile delinquency. No
child is born delinquent. Delinquency is acquired through the learning process. The delinquent
behaviour of a youth is often the reflection of his surroundings.

4. SOME OTHER FACTORS

1. Lack of appropriate guidance and discipline

2. Victims of abuse

3. Exposure to media/ media influence

4. Lack of age appropriate sex education

SOME SOCIOLOGICAL FACTORS

1. In cases of marital discord or domestic violence, kids do not reach out to their parents.
They consult their friends who may not give the best advice or worse, the child finds
refuge in the virtual world where there is an information overdose.
2. There are a few factors that are specific to each group. In lower middle class families, for
instance, where both parents are working, children grow up in a vacuum. In middle class
families, parents have multiple expectations from the child, including high grades in
school. This often makes the school environment a threatening one for the child. When
children fail to cope, depression may lead to substance abuse, and then crime. In
high-income families, almost every amenity is provided to the child either from a desire
by parents to maintain their own status in society or to satisfy the ego of the child.
Children are also quick to pick up on friction between adults.
 2.2 SOCIOLOGICAL SCHOOL

The sociological theory of crime asserts that who do not conform to established norms and
traditions prescribed by law. These persons do not adjust themselves within framework for
normal standards of society and are more or less indifferent to societal norms. For instance, it is
well known that rules of morality or law do not permit anyone to take away property of others
without the latter’s consent yet there are pessons who do indulge in such activities . the reason of
this deviation :- these persons have seen their parents or other mebers of family stealing or they
are encouraged by seniors to take away things belonging to others.

1. Social learning theory​​- Social learning theory is an important crime theory that can be
used for prevention purposes. The sociological roots came from Sutherland’s
developments of differential association theory. The theory asserts that crime is learnt by
association with other people. This learning, in the context of crimes, involves both the
techniques for committing the crimes and attitudes and rationality or justification for their
committal.
Why do people engage in crime according to social learning theory? They learn to engage in
crime, primarily through their association with others. They are reinforced for crime, they
learn beliefs that are favorable to crime, and they are exposed to criminal models. As a
consequence, they come to view crime as something that is desirable or at least justifiable
in certain situations.

According to social learning theory, juveniles learn to engage in crime in the same way they
learn to engage in conforming behavior: through association with or exposure to others.
Primary or intimate groups like the family and peer group have an especially large impact
on what we learn. In fact, association with delinquent friends is the best predictor of
delinquency other than prior delinquency. However, one does not have to be in direct
contact with others to learn from them; for example, one may learn to engage in violence
from observation of others in the media
 2. Social disorganization theory​​- society is not static. With the change in society the
values also change. The urbanization and industrialization have accelerated the dynamic
nature of society. The person of different races, culture, religion and communities come
in context with one another resulting in breakdown of traditional pattern of living and
values. The family atidtude have changed into individualistic attitude. It is social
disorganization which creates deviant behavior. For example honor killing

2.3 Jurisprudence behind Juveniles act is that Due to immaturity, a child is easily motivated
by what he seas around. It is his environment and social context that provokes his actions good
or bad. Thus, it is the responsibility of the family and society to make him a good citizen.

2.4 ​Reformation theory of punishment- The focus of juvenile legislature is the juvenile’s
reformation and rehabilitation so that he also may have a chance to opportunities enjoyed by
several other children. Juvenile legislation attempts to cure the illness of juvenile.

According to this theory, the object of punishment should be the reform of the criminal, through
the method of individualization. It is based on the humanistic principle that even if an offender
commits a crime, he does not cease to be a human being. He may have committed a crime under
circumstances which might never occur again. Therefore an effort should be made to reform him
during the period of his incarceration. The object of punishment should be to bring about the
moral reform of the offender. He must be educated and taught some art or industry during the
period of his imprisonment so that he may be able to start his life again after his release from jail.
While awarding punishment the judge should study the character and age of the offender, his
early breeding, his education and environment, the circumstances under which he committed the
offence, the object with which he committed the offence and other factors. The object of doing
so is to acquaint the judge with the exact nature of the circumstances so that he may give a
punishment which suits the circumstances.
The reformative theory is also known as ​rehabilitative sentencing​​. The purpose of punishment
is to “reform the offender as a person, ​so that he may become a normal law-abiding member
of the community once again.

3. INTERNATIONAL CONVENTIONS REGARDING JUVENILE.

International community is very much interested in juvenile deliquncy.juvinile delinquency is

not only a national issue but an international issue as well. The world bodies have paid a great
attention towards juvenile deliquncy.some of the important conventions are as under;

● Universal declaration of human rights 1948

● International covenant on civil and political rights
● International covenant on economic, social and cultural rights 1966
● UN standard minimum rule for the administration of juvenile justice or the Beijing rules
1985.
● Convention on the rights of child 1989
● UN guidelines for the prevention of juvenile delinquency or the RIYADH guidelines 1990
● UN rules for the protection of juveniles deprived of their liberty 1990
● Vienna guidelines 1997
● Children’s rights in juvenile justice
● UN standard minimum rules for non-custodial measures or TOKOYO RULES.

Some rights which are guaranteed to a child

● Right to express freely

● Freedom of speech
● Freedom of thought, conscience and religion
● Freedom of association
● Freedom of peaceful assembly
● Right of privacy, family
● Right to reputation
● Right of social security
● Right to adequate standard of living
● Right to education.primrary education should be compulsory available to all children’s
● Right to play and recreational activities
● Right to rest.
● The juvenile must be presumed to be innocent till his gilt his proved.
● Notice of charge must be given to him
● the juvenile has right to remain silent
● the right of counsel must be available to juvenile
● the right of presence of parent or guardian.
● Right to cross examine the witness.
● Right to appeal ton higher authority
● right to privacy. His name must not be published.
● Right not to publish any information which may lead to identification of juvenile.
● Police officers must be trained. They must be expert in dealing with juvenile.

4. CHILD WELFARE
A. Constitution
1. Preamble - Justice, liberty, equality and fraternity' for all the citizens including children is
the main purpose of the Constitution as provided in the Preamble.
2. Article 14 - 'equality before law and equal protection of laws' is available to every person
including children.
3. Article 15 (3)-empowers the State to make special legal provisions for children.
4. Article 21- live with dignity
5. Article 21A- mandates free and compulsory education for all children in the 6-14 age
group
6. Article 23- puts total ban on forced labour and makes such practices punishable under
law.
7. Article 24- prohibits employment of children below the age of 14 years in any factory,
mine or any other hazardous activities.
 8. Article 39 (e) – securing health and strength of child
9. Article 39(f)- children are given opportunities and facilities to develop in healthy manner
10. Article 41 - requires that the State shall within the limits of its economic capacity and
development, make effective provision for securing inter alia, the right to education and
public assistance in cases of unemployment
11. Art. 51-A (k),which states that who is a parent or guardian to provide opportunities for
education to his child or as the case may be, ward between the age of six and fourteen
years.
B. VARIOUS LEGISLATIONS

1. The Factories Act, 1948

2. The Child Labour (Prohibition and Regulation) Act, 1986

3. The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)

Act,1994

4. The Juvenile Justice (Care and Protection of Children) Act, 2000

5. The Prohibition of Child Marriage Act, 2006

6. The Right of Children to Free and Compulsory Education Act, 2009

7. The Protection of Children from Sexual Offences Act, 2012

8. The National Food Security Act, 2013

C. NATIONAL POLICIES AND PROGRAMMES

● National Policy on Education, 1986

● National Policy on Child Labour, 1987
● National Nutrition Policy, 1993
● National Health Policy, 2002
● National Charter for Children, 2003
● National Plan of Action, 2005
 ● Mid-day Meal Scheme
● Sarva Shiksha Abhiyan (SSA)
● Kishori Shakti Yojana
● Balika Samriddhi Yojana (BSY)
● Shishu Greha Scheme
● CHILDLINE services
● Beti bachao beti padhao

5. EMERGENCE OF JUVENILE JUSTICE LEGISLATION IN INDIA

1. Apprentice Act,1850
2. Reformatory School Act,1897
3. Children Act,1924
4. Juvenile Justice Act, 1986 (After Sheela Barse v. U.O.I case )
Boy- 16
Girl 18
5. Juvenile Justice ( care and Protection ) Act, 2000
Child – below 18
6. Juvenile Justice ( care and Protection ) Act, 2015 ( after delhi gang rape case)
Child – below 18
For heinous crime- 16-18
( favour and disfavour of 2015 Act )