Juvenile Delinquency in India : Causes and Prevention

                                                                                      - By Hrishabh Jain

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Juvenile delinquency is the criminal activity charged by a person who is under the age of 18 years. In recent period these criminal activities are increasing rapidly due to many reasons and circumstance. In most of the places juveniles charged with serious crimes, such as robbery or murder which are transferred to criminal courts and tried as an adult. Sometimes prosecutors make this decision, or sometimes allow transfers require a hearing to consider the age and record of the juvenile, the type of crime, and the likelihood that the youth can be helped by the juvenile court. As a result of a get tough attitude involving juvenile crime, many counties have revised their juvenile codes to make it easier to transfer youthful offenders to adult court.

In very simple words, juvenile delinquency is the participation in illegal activities by minors. A juvenile delinquent is a person who is typically under the age of 18 and commits an act that otherwise would have been charged and tried as adults. Delinquent children belong to that category of exceptional children who exhibit considerable deviation in terms of their social adjustment and are consequently also labeled as socially deviant or social handicapped. They display criminal behaviour and are punishable under legal procedure. Violation of social norms and values threaten the peace of the society, and are therefore considered as criminal acts.

• ACT OF DELINQUENCY MAY INCLUDE:

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1. Running away from home without the permission of parents.

2. Habitual behavior beyond the control of parents.

3. Spending time idly beyond limits.

4. Use of vulgar languages.

5. Committing sexual crime.

6. Visiting gambling center etc.

• HISTORY OF JUVENILE JUSTICE LAW IN INDIA:

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Prior to the enactment of the juvenile justice (Care and Protection of Children) Act, 2000 which came into force w.e.f. December 30, 2000, the juvenile justice Act,1986 was the governing law on the subject. Before this act was introduce w.e.f October 2,1987 the Children Act, 1960 was operative through the country The States were, however ,authorized to enact their own laws for the care and protection of the delinquent children and juveniles. A perusal of the working of the Children Act, 1960 (subsequently repealed by j. j. Act,1986) would indicate that greater attention was required to be given to children who were found in situations of social maladjustment, delinquency or parental neglect. It was deemed necessary that a uniform juvenile justice system should be introduce throughout India which would take into account all aspects of the social, cultural and economic change in the country. India, being a signatory to the convention, drew up a comprehensive uniform legislation to replace the ChildrenAct, 1960 and the State enactments framed there under .Consequently Juvenile Justice Act,1986 was enacted which came into force w.e.f. October 2, 1987.

• SOME OF THE CAUSES OF JUVENILE DELINQUENCY:

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1. Individual Factors

Several risk factors are identified with juvenile delinquency. A minor who has a lower intelligence and who does not receive a proper education is more prone to become involved in delinquent conduct. Other risk factors include impulsive behaviour, uncontrolled aggression and an inability to delay gratification.

2. Family Factors

A consistent pattern of family risk factors are associated with the development of delinquent behaviour in young people. These family risk factors include a lack of proper parental supervision, ongoing parental conflict, neglect and abuse (emotional, psychological or physical). Parents who demonstrate a lack of respect for the law and social norms are likely to have children who think similarly.

3. Substance Abuse Factors

Substance abuse is found in a majority of cases of juvenile delinquency, Two trends are identified in regard to substance abuse and minors. First, juveniles are using more powerful drugs today than was the case as recently as 10 years ago. Second, the age at which some juveniles begin using drugs is younger. Children in elementary schools are found to be using powerful illegal drugs.

• PREVENTION OF JUVENILE DELINQUENCY:

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Prevention is necessary for such children. First of all, we should identify such juveniles and thereafter give him treatment. They will become habitual offender if they are not timely prevented from committing the offence. The most effective way to prevent juvenile delinquency has indisputably been to assist children and their families early on. Numerous state programs attempt early intervention, and federal funding for community initiatives has allowed independent groups to tackle the problem in new ways. The most effective programs share the following key components. There are so many Jurists and criminologists who suggested many provisions for the prevention of juvenile delinquency. Some of the provisions are very useful for the welfare of the juveniles and their development.

Delinquency Prevention is the broad term for all efforts aimed at preventing youth from becoming involved in criminal, or other antisocial, activity. Increasingly, governments are recognizing the importance of allocating resources for the prevention of delinquency. Prevention services include activities such as substance abuse education and treatment, family counseling, youth mentoring, parenting education, educational support and youth sheltering.

• PREVENTIVE PROGRAMMES OF JUVENILE DELINQUENCY:

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There may be two kinds of programmes for preventing the juvenile delinquency;

1. Individual Programme Individual programme involves the prevention of delinquency through counseling, psychotherapy and proper education.

2. Environmental programme Environmental programme involves the employment of techniques with a view to changing the socio-economic context likely to promote delinquency.

• Individual Programmes

a. Parent education:

Every community should ensure opportunities for parental educations, which will help making good homes, improve family relationship, and education and care of children. Some educational programmes inform parents on how to raise healthy children.

b. Educational Programme:

The impacts of educational institutions are very significant in the countries where almost every child going to school and preventive programme can be launched in an effective manner through the schools. Teachers should not discriminate among the students; they should be treated equally and provided the moral education which is very helpful to the students for their life stand.

• Environmental programmes

a. Family Environment:

Family factors which may have an influence on offending includes the level of parental supervision, the way parents discipline a child, parental conflict or separation, criminal parents or siblings, and the quality of the parent-child relationship. Many studies have found a strong correlation between a lack of supervision and offending, and it appears to be the most important family influence on offending.

b. Publicity:

This method can also be very useful in preventing the Juvenile Delinquency. The newspapers, magazines, radio, television and motion pictures etc. should show the juvenile delinquency in proper perspective honestly and should also present real reports about the various wrong done by the juveniles and analyze its true causes and also protect the juvenile against false and misleading reporting.

                                    

• CONCLUSION:

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Exploitation of children has been a long standing practice. These delinquent go through a lot of abuse which vary in nature as physical, sexual, or psychological or as a combination. The abuse has a long lasting and profound effect on a child’s life. The problem of child abuse is a serious one and it is unlikely that it gets solved any sooner. Also the reason why this has prolonged is that the society has affected the children in a negative way and in the society there are factors such as family influence, social environment, mental disorder and sexual abuse. This develops in young people low self-influence, social environment, mental disorder and sexual abuse. This develops in young people low self-esteem and they go through mental trauma which later correlates with delinquent behavior.

What needs to be done is the question that arises before us. We cannot uproot this menace but there are solutions to keep a control on the problem of Juvenile Delinquency. In the best interest of the delinquent he or she should be rehabilitated as early as possible and integrated back in the society. Also the State must protect the rights of these children and come up with reformative methods and instill in them values that can socially uplifts them and give them a new found confidence so that they can play a constructive role in the society.