Juvenile Delinquency in India: Problems and Remedies

Juvenile Delinquency in India: Problems and Remedies

• CONCEPT AND CAUSES OF JUVENILE DELINQUENCY:

Juvenile means any person who is not able to understand the nature of the act or has not reached at the age to behave maturely. In the terms of law, juvenile means a person who has not attained a particular age prescribed in law to make him liable for any crime committed by him and make him liable for his criminal acts like an adult person. 

An interdisciplinary study on juvenile delinquency discloses that across the world, many behavioural changes occur in the juveniles/adolescents, which are related to the sudden changes in their body due to hormonal surge, associated with puberty. The changes are most apparent in physical parameters, for example, change in height and weight of the adolescents and are soon followed by other sexual and physical changes of maturity.

• JUVENILE DELINQUENCY:

Delinquency is such a behaviour of a juvenile which is socially not permitted in any society. It is unwelcomed action, omission or immoral behaviour of a juvenile. There are certain social obligations which that are anticipated from a child by the society and when a child fails to meet those obligations, he is considered to be delinquent. A juvenile delinquent is a behavioural disorder which is generally defined as “a child trying or pretending to act like a grown-up or an adult". The behaviour of a child can be seen a childish foolish behaviour but it's a matter of concern. It is very difficult to make a distinction between a delinquent child and a normal child. There is a very unclear distinction between them.

A criminal activity committed by an 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 as a crime and is referred juvenile delinquency no matter child with full understanding has committed a very serious, grave, grim and a heinous crime.

• JUVENILE IN CONFLICT WITH LAW:

Juvenile in a conflict of law means any person who is, under the age of 18 years, alleged to have committed an offence or being suspected of committing an offence. "Child in Conflict with Law" means "A child who is alleged are found to have committed an offence and who has not completed 18 years of age on the date of commission of such offence". These children cannot be treated as an adult.

• CAUSES OF JUVENILE DELINQUENCY:

Juvenile delinquency is increasing day by day and it has become a global phenomenon. No one is born criminal it's an environment and circumstances which them criminal. There are various reasons all factors which make the juvenile to be arrogant violent. There are various factors which influence the child to commit the offence like social factors, economical factors etc. It's our duty to understand what circumstances lead the child to commit the crime. State is considered to be the guardian of the society and it's his duty to help a child to come out of that situation. With the proper guidance and support a child can be rehabilitated. Some of the factors are as follows:

1. SOCIAL FACTORS:

The social evils are prevalent in the society like gender discrimination, racial discrimination, child labour, sex discrimination etc. If any of the member of the family have suffered from these evils, there are more chances that they will indulge in criminal activities. Sometimes, the juveniles develop delinquent sub-culture because of cultural deprivation and status frustration that they suffer in their early age.

a. They often adopt the delinquent tendencies due to peer pressure of the society.

b. Poverty and lack of education are also responsible for juvenile delinquency.

c. The negative role of family has also been highlighted in playing major role in juvenile delinquency.

2. PSYCHOLOGICAL FACTORS:

There are psychological explanations to delinquency also, for example, ego, attitude etc. when a juvenile is maltreated by the society then it causes a direct impact on the immature mind of the juvenile and just for the sake of ego or attitude juvenile changes its mind toward anti-social activities. Sometimes when the self-control and social control through primary groups become weak, the juveniles develop delinquent tendencies Amongst these neighbourhood ties and social organization can be an important determinant in the delinquent behaviour of the juvenile in our society.

3. FAMILY STRUCTURES:

Family is the first school for children to learn what is good and what is bad. Because of a broken family, single-parent families or parent’s frequent fights there are more chances that juvenile indulges in criminality. Parents who are very harsh and strict towards their children and punish them on small issues, children start disrespecting them and stop sharing their problem with them. Children seek a bad company which they themselves even don't know is bad. If the parents or the member of a family don't show moral behaviour or they involve in criminal activities, then children learn such things from them.

• JUVENILE JUSTICE SYSTEM IN INDIA: 

Juvenile justice was derived from a belief that the problem of juvenile delinquency and youth in abnormal situations are not amenable to resolution within the framework of the traditional process of criminal law. The JJS (Juvenile Justice System) therefore is not designed to respond to the needs of young offenders. The main role of JJS has been divided into two ways; one principal role is to provide the specialized and preventive treatment services to the children and Secondary Principal role is the prevention, rehabilitation and improved socialization.

• CURRENTS TRENDS UNDER CRIMINAL LAW:

All the enactments were trying to bring an increasing number of children within the ambit of Juvenile justice. The Nirbhaya Case on December 16, 2012, resulted in the use of social media to organize a continuous protest against the brutal rape. The media put the limelight on a 17-year-old child involved in gang rape. The media flashes headlines that the child was most brutal of all the accused in this rape.

The primary duty of the Judiciary is the administration of justice. It is expected from the judicial system and the judicial decision-maker that the responsive contribution towards upholding child rights is made by them. In Interpretation of new enactment, the role of the supreme court and various high courts is appreciable.

• TREATMENT OF JUVENILE DELIQUENCY:

The main task is the rehabilitation of the child, not punishing him. This task needs re-education in a correctional institution. 
First of all the child should be taken to a detention home or remand home, where he is looked after, until his case is studied and disposed of in the Juvenile Court. As is obvious this implies a radical change in the aims of correction. It needs a constructive outlook towards the child. The outlook is more like that of a medical man who diagnoses and prescribes the treatment, rather than like the magistrate who assesses the crime and prescribes the necessary punishment. 
The child must be studied by a trained social worker in a detention home, apart from providing him with food, clothing and bed. Just as the doctor prepares a case history of the patient admitted to the hospital, the social worker must note down the details regarding the upbringing of the child, his education, the neighbourhood in which he had grown up, etc.

• CONCLUSION AND SUGGESTIONS:

Juvenile delinquency is a grave offence and it has a deterrent effect on the social order in a country. The increase rate of Juvenile crime is setting a trend world over and more and more involvement of the youth in violent crimes. It is a serious issue for the nation which is needed to be handled carefully. The response has been shown by the analogous system and judiciary to the trend of Juvenile crimes as some amendments in law pertaining to Juvenile justice is made. The juvenile justice act of 2016 is a progressive step by the Government of India to keep the track in changing trend of Juvenile crimes.

It is the need of hour that the certain stringent action is required to overcome the problem of delinquency. The role of the society, parent and their friend should be estimated to reduce the pressure to the children.

They really need more attention than the other’s’ offender. The latest trends of Juvenile delinquency analyzed in India are in respect of age pattern and nature of offence committed. It appears that we need amendments and reviews our juvenile justice policy in the welfare of the society at large the main objective of the JJS scheme was to benefit the delinquent rather punish them.