Juvenile Delinquency means the disapproved behaviour of children where they tend to show criminal behaviour. It simply means deviation from society’s approved norms and laws where children indulge in anti-social activities. The issue of Juvenile Delinquency is present in every country, and the United Nations identified the idea of having a uniform definition of the term. The term was defined as, “Acts of minors due to which they violate criminal law and indulge in behaviour which is objected to and disapproved by society and law society’s approved norms”.
What is a Juvenile Delinquency?
Any law violated by a child is called Juvenile Delinquency. Delinquency is a criminal act that is committed by a person below the age of 18 years, who is not an adult. Children are delicate, and they mould themselves according to the situations and circumstances that they face. People with whom children spend most of their time can either shape their personalities for good or turn them into criminals. Thus, it is very important to take care of their development and growth.
Geeky Takeaways:
- Violation of a law by a child is called Juvenile Delinquency.
- Delinquency is an antisocial and criminal behaviour that is committed by a person who is not an adult.
- Thus, Juvenile Delinquency is a child and adolescent version of crime.
Table of Content
Causes of Juvenile Delinquency
Juvenile Delinquency has become a serious concern for the world and persists in every country across the globe. To deal with this issue, it is very important to understand the fundamental causes and reasons of Juvenile Delinquency.
- Family Issues: Family is the first place where a child is most attached. Children generally learn from what they observe around them. If there are continuous fights in the family, it will affect a child’s growth and development mentally, physically, and emotionally, and that will eventually lead to juvenile delinquency.
- Changing Patterns in Lifestyle: This is another reason for criminal behaviour in children. They are confronted mostly with the issue of the generation gap due to which they usually detach themselves and are incapable of distinguishing between right and wrong. Apparently, they are misguided and then end up choosing the evil path.
- Biological Factors: Factors, like lack of understanding, low intelligence, etc., also lead to delinquent behavior among children. Here, the role of parents, teachers and elders comes into the picture that they must educate their children regarding the biological differences between a male and a female and answer their questions regarding other biological processes and consequences of any illegal act.
- Poverty: When a child is not provided with basic necessities of life, there is a high probability that the child may indulge in delinquent acts to get those necessities. Failure to provide them with amenities like food, shelter, clothing, etc., can force them to earn money by any means in order to get what they desire.
- Substance Abuse: Being exposed to substances leads to dependence over time, and these individuals end up committing crimes that they wouldn’t have thought otherwise. In such cases, children need counselling to help them regain their sense of worth and self-esteem.
- Other Factors: Other factors, like child labour, traumatic experiences, illiteracy, unsoundness of mind etc., are also responsible for juvenile’s delinquent behaviour.
Types of Juvenile Delinquency
Juvenile Delinquency is broadly classified into four types, i.e., Individual, group-supported, organized and situational based on the way the delinquent behaviour is carried out.
- Individual Delinquency: Psychiatrists have contributed majorly towards the study of individual delinquency, and according to them it arises from psychological problems. Kids adapt their behavioural patterns by visualizing their immediate environment, making family a significant factor in determining a child’s behaviour. Hence, a positive change in the environment will reduce the development of criminal traits in a child.
- Group Supported Delinquency: It refers to the behaviour of a child who engages in anti-social activities in companionship with others. The delinquents develop this behaviour under the influence of the culture prevailing in their immediate social groups outside the family. Parents fail to exercise the control of their children as they begin to consider the opinions of peers more highly than those of their parents.
- Organized Delinquency: It is committed by a group of young people formally organized to engage in criminal activities. Drug trafficking among children is a prime example of organized delinquency in India. These organized groups hire juveniles to deliver drugs and substances and are often paid back for drugs.
- Situational Delinquency: Here, it is not deep-rooted instead the cause and the means are relatively simple. An individual who indulges in anti-social activities because of limited impulse control caused by family restraint. Situational delinquency is considerably easier to control in comparison with other types of delinquency.
The legislation protecting the interest of Juvenile is Juvenile Justice (Care and Protection of Children) Act, 2015.
Rehabilitation of Delinquent Juveniles
The main purpose of the Juvenile Justice System is to rehabilitate and restore the young offenders back into society as sober citizens. It provides that no child will be subjected to any cruelty, abuse or harsh treatment and establishes institutions, like observation homes, shelter homes, etc., for the purpose of their rehabilitation and reformation. The following listed institutions can be helpful in order to achieve the purpose:
- Observation Homes: Sec 47 of the act mentions that juveniles in custody during the inquiry or pendency of trial are to be kept in observation homes. These homes provide a better treatment of juveniles and children who are in need of care.
- Special Homes: As per Sec 48 of the act, a special home is to be established by the state government in every district, and the aim of these homes is the social reintegration of such children and juveniles. In addition, the authorities have the right to separate the juveniles living in these homes on the basis of their gender, age, nature of the crime committed, etc.
- Children’s Home: Sec 50 of the act empowers the state government to establish a home for children who are in need of care and protection. These homes work towards the development, treatment, education and training of these children and provide them with care and protection.
- Aftercare Programmes: These programmes help juveniles and children to lead a normal life after they are released from observation homes or other homes as mentioned under the act. For instance, NGOs can take initiatives to provide financial support to such juveniles to establish their means of livelihood.
Conclusion
For the country’s development, it is necessary that adequate attention is paid to the growth and development of human resources; i.e., its future generation. The government must take initiatives in order to introduce quality education and training for its citizens, and various schemes must be introduced to provide education to those children who are unable to pay school or college fees. In addition, factors, like health, safety and welfare of such children must also be taken care of.
The Juvenile Justice (Care and Protection of Children) Act, 2015 helps to achieve the purpose since it provides provisions for the development, treatment, correction and reintegration of children who have committed any kind of offence or who are in need of care and protection. The Act provides a separate authority to deal with juvenile matters, which makes the whole process smooth. It further aims at providing protection to children who have been abused or harassed in any manner.
Frequently Asked Questions (FAQs)
1. Who is a child under the Juvenile Justice (Care and Protection of Children) Act, 2015?
Answer:
A child is defined under Section 2(12) of the Act as a person who has not completed the age of eighteen years.
2. Is a Juvenile disqualified from exercising his or her rights after conviction like any other adult?
Answer:
No, according to the provisions of the act, no juvenile would be disqualified from anything pertaining to his conviction under the act for any offence committed.
3. Should the police file an FIR in all cases involving children?
Answer:
No. In matters involving children, the police are required to file an FIR only when the offence alleged to have been committed by the child is heinous in nature and punishable with a sentence of seven years or more.
4. When does a child come under the purview of the act?
Answer:
The act recognizes two kinds of children, one who has committed some offence (Child in conflict with Law) and one who is a victim of crime or circumstances (Child in Need of Care and Protection).
5. Can a Juvenile be released on bail?
Answer:
Yes. According to Section 12 of the Act, if a juvenile is apprehended by police, the general rule is that he or she is entitled to bail with or without surety both in bailable and non-bailable offences. However, if there are reasonable grounds that granting him or her bail would be dangerous, then no bail would be granted, but the board has to record reasons for the same.