Juvenile Delinquency in India: Challenges and Solutions

Introduction

Juvenile Delinquency is a term used to describe criminal behaviour committed by minors, typically below the age of 18 years. Juvenile delinquency has become a growing concern in India, where the majority of the population is under the age of 25 years. According to the National Crime Records Bureau (2019), more than 39,000 juveniles were arrested for various offences. Generally speaking, the term refers to a large variety of disapproved behaviour in children and adolescents which the society do not approve of and for which some kind of admonition, punishment or corrective measure is justified in the public interest. It therefore can be said that a juvenile is an adolescent person between Childhood, Manhood, Womanhood as the case may be who may turn into a potential offender if not checked.

This includes behaviours such as vandalism, theft, drug abuse, gang affiliation, and violent acts. Juvenile delinquency is a complex social and legal issue that arises from various factors such as family dysfunction, poverty, peer pressure, substance abuse, and mental health disorders.

Juvenile delinquency is a serious problem that affects communities, families, and individuals. It can have long-term negative consequences for the individual as well as the society as a whole. It is essential to understand the root causes of juvenile delinquency to prevent it from occurring and intervene early to provide appropriate support and resources to those at risk. The criminal justice system and social service agencies play a significant role in addressing juvenile delinquency and rehabilitating young offenders.

Legal Development of Juvenile Laws in India

The development of juvenile laws in India can be traced back to the enactment of the Children Act, 1960. This law aimed to provide care, protection, and treatment to children below the age of 18 who are in need of such help. In 1986, the Juvenile Justice Act (JJA) replaced the Children Act with the objective of providing a comprehensive child protection framework that takes into account the best interests of the child. (Pranjape, 2022)

The JJA 1986 was amended in 2000 and 2006 to strengthen the protection of the child’s rights and to address concerns related specifically to children in conflict with the law. Under these amendments, the age of juveniles was increased from 16 to 18 years, keeping in line with the Convention on the Rights of the Child. The purpose of this change was to ensure that children are not treated as adults in the criminal justice system and to provide a separate and distinct framework for the management of juvenile justice. (Mishra, 2022)

Further amendments were made in 2011, and a new Juvenile Justice (Care and Protection of Children) Act, 2015 was enacted. The JJ Act, 2015 aims to provide a more comprehensive framework for the care, protection, and rehabilitation of children. It introduces a restorative justice system that emphasizes reform and rehabilitation of children rather than punishment.

The JJ Act, 2015 also has provisions for the establishment of specialized juvenile justice bodies such as the Juvenile Justice Boards and Child Welfare Committees. These bodies are designed to ensure the effective implementation of the Act and to guarantee that the child’s best interests are given due consideration in all decisions that affect them.

Factors of Juvenile Delinquency

There is a growing tendency in youngsters to be arrogant, disobedient, disruptive and violent to the law with a result there has been a considerable rise in the incidence of juvenile delinquency. These kinds of behaviours are influenced by multiple factors present and are governed by a person’s experiences, associations, teachings, culture, influences etc, some of the factors which affect/causes are: (Kaur, 2019)

Family problems – this can include parental neglect, abuse, divorce, or a lack of parental guidance. Family dynamics such as parental neglect or abuse, lack of supervision, parental conflict or separation, substance abuse, poverty, and criminal behaviour can contribute to delinquent behaviour among juveniles. The British Home Secretary Mr. Butler once said that “the natural consequence of broken homes is lack of parental control, absence of security and want of love and affection towards children, which are contributing factors for juvenile delinquency. An unprecedented increase in divorce cases and matrimonial disputes is one of the major causes for disrupting family solidarity. Discriminatory or step-motherly treatment of children also has an adverse effect on the psychology of the child. A neglected child shows certain behaviours which may lead him to either be numb towards how other people feel and may lead to finding ways to vent out the frustration and anger which might not be good for society as he is not under healthy supervision or he may start to seek validations too much from a person who he thinks is gives him any importance and he starts to follow him blindly which when met with bad association lead to children committing such acts which constitute a crime just for the sake of validation from the person influencing him.
Peer pressure – teenagers may feel the need to conform to what their peers are doing, even if it means breaking the law. The influence of peer groups can push juveniles to engage in risky and criminal behaviour, seeking acceptance or social status. In many cases, juveniles who engage in criminal activities do so because of peer influence. They may feel like the only way to fit in with their peers is to participate in illegal activities, even if they know it’s wrong. They may also feel pressure to impress their peers or gain their approval, leading them to engage in delinquent behaviour. Furthermore, peer pressure can discourage juveniles from reporting or seeking help for their delinquent behaviour. They may fear that their peers will ostracize them for “snitching,” which can lead to continued delinquent behaviour and lack of intervention. It is important for parents, teachers, and mentors to be aware of the risks and dangers of peer pressure and work towards educating juveniles on how to resist negative influences. Building positive relationships, emphasizing the importance of character, and promoting healthy decision-making can all help prevent juvenile delinquency caused by peer pressure.
Mental health issues – some juveniles may struggle with mental health problems such as depression, anxiety, or ADHD, which can lead to delinquent behaviours. Many research studies have shown that children with mental health problems are more likely to become involved in criminal activities than those without mental health problems. Moreover, children with mental health issues often face stigmatization, bullying, and rejection by society, which exacerbates their distress and can contribute to delinquent behaviour. Thus, it is crucial to identify and address mental health problems in youth offenders to reduce the risk of recidivism and improve their well-being. Interventions such as cognitive-behavioural therapy, family therapy, and psychotropic medication treatments have demonstrated efficacy in managing behavioural problems and improving mental health outcomes in juvenile offenders. In addition, early diagnosis and treatment of mental health problems in children can significantly reduce the likelihood of delinquent behaviour later in life.
Poverty – growing up in poverty can lead to a lack of resources, opportunities, and stable living conditions, which can increase the likelihood of delinquency. There is a strong relationship between poverty and juvenile delinquency. Children from low-income families are more likely to get involved in delinquent activities compared to their counterparts from well-off backgrounds. Some of the underlying factors contributing to poverty-related juvenile delinquency include:

Lack of resources: Low-income families find it difficult to acquire basic necessities such as food, healthcare, and education. Children from such households may resort to theft, drug abuse or prostitution as a means of survival.
Family instability: Unstable family structures, poor parenting, and domestic violence can contribute to delinquency. Children may become socially isolated and end up associating with their peers who engage in criminal activities.
Poor education: Children from low-income families often attend underfunded schools, which can lead to poor academic performance. Academic failure can result in frustration and a lack of opportunities, leaving the youth vulnerable to delinquent behaviours.
Lack of positive role models: Many children from low-income families lack positive role models, which can lead to low self-esteem and exposure to negative influences such as gangs.

Substance abuse – teens who use drugs and alcohol may be more likely to engage in delinquent behaviour.

There is a well-established link between substance abuse and juvenile delinquency. Studies have shown that a significant number of juveniles who engage in delinquent behaviour have also used drugs or alcohol.

Substance abuse can increase the likelihood of juvenile delinquency in several ways. For one, drug and alcohol use can impair judgment, leading juveniles to engage in risky and illegal activities. Additionally, substance abuse can lead to increased aggression and violence, which can also result in delinquent behaviour.

Furthermore, substance abuse can often co-occur with other risk factors for delinquency, such as poverty, family dysfunction, and mental health issues. These risk factors can create a perfect storm of circumstances that increase the likelihood of juvenile delinquency.

Preventing and addressing substance abuse among juveniles is an important component in reducing delinquent behaviour. This can involve early intervention programs, substance abuse education, and counselling and treatment for juveniles who have already developed substance abuse problems. By addressing substance abuse, we can reduce the risk of delinquency and improve the overall well-being of young people.

Neighbourhood environment – living in a high-crime area can expose juveniles to criminal activity and increase their risk of involvement in delinquent behaviour. (Trinidad, 2018)

The neighbourhood environment can also play a significant role in juvenile delinquency. Research has shown that youth who live in disadvantaged neighbourhoods with high rates of poverty, unemployment, and crime are more likely to engage in delinquent behaviour than youth living in more affluent and stable neighbourhoods.

Several factors within the neighbourhood environment can contribute to juvenile delinquency. For example, high rates of crime and violence can create a sense of fear and instability, leading youth to turn to delinquent behaviour as a means of protection or as a way to gain respect and status within their peer groups. Additionally, neighbourhoods with limited access to positive recreational opportunities or community programs may leave youth with few constructive outlets for their energy and creativity, increasing the likelihood of delinquent behaviour.

Other neighbourhood factors that may contribute to juvenile delinquency include poor quality housing, inadequate educational resources, and limited access to healthcare and social services. These factors can create significant stress and hardship for families and youth, increasing the risk of delinquent behaviour. Addressing neighborhood-level factors that contribute to juvenile delinquency can involve a range of interventions, such as community policing efforts, neighbourhood revitalization initiatives, and increased access to social and educational services. By creating more stable and supportive neighbourhood environments, we can reduce the risk of juvenile delinquency and promote positive outcomes for youth.

Charges of Sexual Offences against a Minor

Offenses against minors, including sexual offenses, are taken very seriously by society. While it is commonly perceived that such crimes are predominantly committed by adult men against women and children, it is important to recognize that this is not always the case. In recent years, there have been instances where minors themselves have been involved in committing these offenses.

Since the late 1980s, there has been growing concern about crimes committed by young people. Serious crimes carried out by children and adolescents have drawn the attention of criminologists, leading to an increased focus on understanding and addressing juvenile delinquency. It is worth noting that the country has indeed seen high rates of reported incidents of rape. Various factors, including patriarchal societal norms, a skewed sex ratio, and systemic issues, can contribute to the prevalence of such crimes. Efforts have been made to address these issues through legal reforms, awareness campaigns, and initiatives aimed at empowering women and creating a safer environment for all individuals.

It is crucial to approach these matters with sensitivity, acknowledging that anyone, regardless of age or gender, can be involved in committing sexual offenses. It is important to promote education, prevention, and appropriate legal measures to ensure the safety and well-being of minors and society as a whole.

A. Victim Compensation: Offences Against Women

Rape is one of the most heinous crimes against mankind. The impact it has on both the individual victim and society as a whole. The Supreme Court of India has recognized rape as not only a crime against the individual woman but also a crime against the entire society, as it violates the victim’s fundamental rights and has far-reaching psychological and social consequences.

To address the inadequacy in laws related to sexual offenses against women and children, the Criminal Law (Amendment) Act, 2013 was enacted, which led to the establishment of the Nirbhaya Fund. The Nirbhaya Fund was created to support initiatives aimed at enhancing the safety and well-being of women and children. Additionally, the Central Victim Compensation Fund Scheme was set up by the Central Government in 2015 to provide compensation to victims of sexual offenses.

However, it is concerning that a significant portion of the Nirbhaya Fund remained unutilized after seven years, and a large number of minor rape victims did not receive any compensation. This highlights the challenges and bureaucratic issues in effectively implementing and disbursing funds.

In response to the need for victim compensation, the Supreme Court directed the National Legal Services Authority (NALSA) to establish a committee to develop Model Rules for Victim Compensation for sexual offenses and acid attacks. The committee finalized the Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes in 2018, which sets out the minimum and maximum compensation amounts for different types of offenses.

According to the scheme, victims of gang rape are eligible for a minimum compensation of Rs 5 lakhs and up to a maximum of Rs 10 lakhs.

In cases of rape and unnatural sexual assault, the minimum compensation is set at Rs 4 lakhs, with a maximum of Rs 7 lakhs. For victims of acid attacks resulting in disfigurement of the face, the minimum compensation is Rs 7 lakhs, and the maximum is Rs 8 lakhs.

The Supreme Court has accepted this scheme as applicable nationwide, establishing it as the prevailing law in India regarding victim compensation for sexual offenses.

It is crucial to ensure that such compensation schemes are effectively implemented and that victims of sexual offenses receive the support and justice they deserve. Efforts should also be made to address the bureaucratic challenges to streamline the disbursal of funds and provide timely and adequate compensation to the victims. (Hassant, 2021)

B. Protection of Children from Sexual Offences Act, 2012

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is an important legislation enacted by the Indian Parliament to protect children from sexual offenses. It was passed on May 22, 2012, and came into force on November 14, 2012. The primary objective of the POCSO Act is to safeguard children from various forms of sexual abuse, including sexual assault, sexual harassment, and child pornography. It applies to individuals below the age of 18 years, as they are considered children under the law.

The act emphasizes the need for prompt action and relief to the victims. It establishes special procedures for reporting, recording, and investigating complaints of sexual offenses against children. It aims to ensure that the legal process is child-friendly and minimizes the trauma experienced by the victims during the investigation and trial. Under the POCSO Act, not only committing an offense but also aiding, abetting, or facilitating the sexual abuse of a child is considered a punishable offense. This extends the scope of liability to those who assist or support the perpetrators in carrying out the abuse. To facilitate efficient and swift disposal of cases, the act mandates that the trial should be conducted in special children’s courts. These courts are designated specifically for handling cases under the POCSO Act and are equipped with child-friendly facilities and personnel trained to handle such sensitive matters. Special measures are in place to ensure that child victims are protected during the trial and do not come face-to-face with the accused while testifying. Despite the importance and necessity of the provisions and regulations outlined in the POCSO Act, it is true that awareness and implementation of the law remain areas of concern. Efforts should be made to raise awareness about the act among the general public, ensure effective implementation, and provide necessary support and rehabilitation to the victims of child sexual offenses.

Juvenile Justice Board: Introduction and Functions

The Juvenile Justice Board (JJB) is a specialized court in India that deals with cases involving juveniles. The board is established under the Juvenile Justice (Care and Protection of Children) Act, 2015, which is the primary legislation governing juvenile justice in India. (Admin, Juvenile Justice (Care and Protection of Children) Act, 2015, n.d.)

The JJB is responsible for hearing cases involving juveniles who are alleged to have committed offenses. The board consists of a magistrate and two social workers or child welfare experts, one of whom must be a woman. The board is responsible for ensuring that the juvenile’s rights are protected during the legal process, and for making decisions regarding the juvenile’s care and rehabilitation. Composition of Bench under Juvenile Justice Act, 2015

Metropolitan Magistrate or Judicial Magistrate First Class (Principal Magistrate herein) [not being Chief Metropolitan Magistrate or Chief Judicial Magistrate] -Experience Required: 3 years
Two social workers (one being a woman)

Experience Required: Active involvement for 7 years in health, education or welfare activities pertaining to children; OR
A practicing professional with a degree in child psychology, psychiatry, sociology or law.

The JJB has the authority to conduct a preliminary assessment of a juvenile who is accused of a heinous offense, which is an offense punishable by death or imprisonment for seven years or more. The assessment is designed to determine whether the juvenile had the mental and emotional maturity to understand the consequences of their actions. If the JJB determines that the juvenile had the capacity to understand the nature and consequences of the offense, they may order the juvenile to be tried as an adult.

In cases where a juvenile is found guilty of an offense, the JJB is responsible for deciding on an appropriate sentence or rehabilitation plan. The board may order the juvenile to be placed in a special home, where they can receive education, counselling, and vocational training.

A. Treatment of a Juvenile as an Adult in certain circumstances

According to Indian laws, a juvenile can be treated as an adult in certain circumstances. Section 4 of the Act provides for the constitution of Juvenile Justice Board for the inquiry and hearing the case of a juvenile in conflict of the law. The Juvenile Justice (Care and Protection of Children) Act, 2015 allows for juveniles between the ages of 16 and 18 to be tried as adults if they have committed a heinous offense, which is defined as an offense punishable by death or imprisonment for seven years or more. (Paicker, 2019)

If a juvenile is accused of a heinous offense, the Juvenile Justice Board, which is responsible for hearing cases involving juveniles, may conduct a preliminary assessment to determine whether the offense was committed in a “child-like manner” or whether the juvenile had the mental and emotional maturity to understand the consequences of their actions. If the Board determines that the juvenile had the capacity to understand the nature and consequences of the offense, they may order the juvenile to be tried as an adult.

Treating juveniles as adults is a controversial issue, with some experts arguing that juveniles have not yet fully developed the cognitive and emotional capacities needed to fully understand the consequences of their actions. As such, the decision to treat a juvenile as an adult should be made carefully and based on a thorough assessment of the individual’s mental and emotional maturity.

B. General Procedure of Juvenile Justice Board

The Juvenile Justice Board in India follows a rehabilitative approach towards juvenile delinquency, with the focus on reforming and rehabilitating the juvenile rather than punishing them. (Admin, Juvenile Justice And Its Procedure In India, 2020)

General procedure of the Juvenile Justice Board of India:

The police or any person can bring a juvenile in conflict with the law to the notice of the JJB.
The JJB conducts a preliminary inquiry to determine if the juvenile has committed an offense or not. If the JJB finds that the offense committed is serious in nature, then the case is transferred to the Children’s Court.
If the JJB decides to take up the case, it conducts a social investigation report which includes information about the juvenile, their family, and other related circumstances.
Based on the social investigation report, the JJB determines the appropriate course of action for the juvenile. The options include diversion, counselling, probation, or sending the juvenile to a special home for rehabilitation
If the JJB decides to send the juvenile to a special home, it conducts a detailed inquiry into the case and passes a final order.
The JJB ensures that the juvenile is given proper care and protection during the course of the trial.
If the juvenile is found to have committed the offense, the JJB decides the appropriate punishment, which is not supposed to be punitive but rather reformative and rehabilitative.
The JJB also ensures that the rights of the juvenile are protected throughout the trial.

C. Powers and Functions of Juvenile Justice Board

Conducting preliminary inquiries: The JJB is responsible for conducting a preliminary inquiry to determine if a juvenile has committed an offense or not. If the offense is serious in nature, the case may be transferred to the Children’s Court. (WADHWANI, 2020)

Conducting social investigations: The JJB conducts a social investigation report to gather information about the juvenile, their family, and other related circumstances to determine the appropriate course of action.

Diversion of cases: The JJB has the power to divert cases away from the formal justice system and towards alternative dispute resolution mechanisms such as counseling, mediation, and probation.

Sending juveniles to special homes: The JJB can send a juvenile to a special home for rehabilitation and reformative purposes.

Ordering medical and psychiatric evaluations: The JJB can order medical and psychiatric evaluations of the juvenile to assess their mental and physical health.

Providing care and protection: The JJB ensures that the juvenile is provided with proper care and protection during the course of the trial.

Adjudicating cases: If the JJB determines that the juvenile has committed an offense, it decides the appropriate punishment or sentence, which is not supposed to be punitive but rather reformative and rehabilitative.

Protecting the rights of the juvenile: The JJB ensures that the rights of the juvenile are protected throughout the trial. (Dave, 2020)

Borstals system

Borstals are a type of correctional institution for young offenders in some countries, including the United Kingdom, India, and some Commonwealth nations. The term “borstal” originated from the Borstal Prison, which was opened in 1902 in England. (Pranjape, 2022)

Borstals are designed to provide a strict, structured, and disciplined environment for young offenders who have been found guilty of committing crimes. The aim of borstal institutions is to reform and rehabilitate young offenders through education, vocational training, and discipline, with a focus on preventing them from reoffending in the future. (J, 2018)

In borstal institutions, young offenders are provided with basic education, life skills training, and vocational training in fields such as carpentry, metalwork, and agriculture. They are also subjected to strict discipline, with a focus on instilling self-discipline, obedience, and a sense of responsibility. In addition, young offenders in borstals are usually required to participate in physical exercise and sports activities. Borstals were introduced as an alternative to prisons for young offenders, with a focus on rehabilitation and reform rather than punishment. (Tripathi, 2020)

The Borstal System was introduced in India during the British colonial era, with the opening of the first Borstal School in 1911 in the city of Bangalore. The Borstal System was established as an alternative to the traditional punitive approach to dealing with juvenile delinquency and was based on the principles of education, training, and rehabilitation. (Ahuja, 2020)

Under this Act, Borstal Schools have been established in various parts of the country to provide education, vocational training, and counselling to young offenders aged between 16 and 21 years. The Borstal Schools in India offer a range of vocational training programs, including carpentry, tailoring, welding, and agriculture, among others. However, there have been criticisms of the Borstal System in India, with some arguing that the schools are overcrowded and understaffed, and that the training programs offered are inadequate. As a result, there have been calls to reform and improve the Borstal System in India to make it more effective in achieving its objectives.

Conclusion

In conclusion, juvenile delinquency is a serious problem that affects many young people and communities. It refers to the unlawful behaviour of minors, usually below the age of 18, who violate the law or engage in activities that are considered harmful to themselves or others. Juvenile delinquency can have a wide range of causes, including poverty, family dysfunction, peer pressure, lack of education and opportunities, substance abuse, mental health issues, and exposure to violence and trauma.

To address juvenile delinquency, it is important to adopt a comprehensive approach that focuses on prevention, early intervention, and rehabilitation. This includes investing in education and vocational training programs, providing counselling and mental health services, promoting positive family and community relationships, and implementing restorative justice practices.

The juvenile justice system should also be reformed to ensure that it is fair, effective, and rehabilitation-focused. This includes promoting diversion programs, providing alternatives to incarceration, and ensuring that young people are treated with dignity and respect throughout the process.

Overall, it is important for society to recognize that juvenile delinquency is a complex and multifaceted problem that requires a collaborative effort to address. By investing in prevention and rehabilitation, we can help young people overcome the challenges they face and become productive members of society.

This article is written and submitted by Suryansh Sharan during his course of internship at B&B Associates LLP. Suryansh is a B.B.A. LLB 5th year student at ICFAI University Dehradun.