Introduction

Have ever heard or seen a child stealing something from a shop or witnessed a
minor assaulting or threatening somebody?

I am sure this might be shocking for you. You might also be questioning why a child
would commit such unlawful or illegal acts. But let me tell you, it’s true.

A country’s future relies largely on its future generation. Whether a country would
be a developed country in future or its growth would be static depends on its
human resource. Thus, it is necessary to invest in the development of the citizens,
especially the young generation which consists of children, adolescents and
teenagers. If they are nourished well with love and care and moral values are
imbibed in them, they will surely become law-abiding citizens. However, if they are
neglected or involved in bad company or experience an abusive childhood, they
might turn into a delinquent, i.e., one who shows disapproved behaviour or does
not abide by the norms, rules and laws in a society, at a young age.

Children of tender age are delicate and mould themselves according to the
circumstances they face. They could either come out and shine bright or become
criminals. Thus, it becomes necessary to give importance to their development and
growth. Any reason that could contribute to juvenile delinquency must be taken
seriously, and efforts must be made to minimise such reasons. The present article
deals with the meaning of juvenile delinquency, factors that are responsible for
such acts and behaviours, laws prevailing regarding this, and the treatment of
juveniles. It also provides initiatives or measures for the prevention of juvenile
delinquency.

Meaning and Aim of the Juvenile Justice System

Adolescent Justice System

An adolescent is a youngster who isn’t yet mature enough to be viewed as a grown-

up. Juvenile Justice manages the treatment of kids in the struggle with the law and
furthermore takes a gander at the main drivers of culpable conduct and measures to
avert such conduct.

Aims of Juvenile Justice

• It is based on the rights of the child.

• It applies the principle of restorative justice i.e. to restore the balance of a
situation disturbed by crime rather than simply meting out punishment.
• This system puts the best interest of the child first.
• The primary objective of this system is to focus on the prevention of crimes
and injustice done to juveniles.

Juvenile Delinquency

Juvenile Delinquency is the involvement of a kid who is between the age of 10 and
17 in illegal activity or behaviour. Adolescent misconduct is likewise used to allude to
youngsters who display constant conduct of underhandedness or noncompliance, in
order to be considered out of parental control, getting to be plainly subject to
legitimate activity by the court framework. Juvenile delinquency is also known as
“juvenile offending,” and each state has a separate legal system in place to deal with
juveniles who break the law.
The term ‘delinquency’ is derived from the Latin word ‘delinquer’, which means
‘omit’. Juvenile delinquency refers to the disapproved behaviour of children and
adolescents, where they tend to show criminal behaviour. In simple terms, it means
deviance from the approved norms and laws in society, where children usually
indulge in anti-social activities.

The term has an extensive meaning and also includes the hostile behaviour of a
child. However, according to a settled principle of criminal law which is also
applicable to international criminal law, “nullum crimen sine lege,” which means
that an act of a person cannot become a crime and he or she cannot face
punishment for that unless it is recognised or defined under the law. Thus, an
orphan or abandoned child or a child with uncontrollable and aggressive behaviour
cannot be said to commit a crime unless he does an unlawful or illegal act which is
considered to be an offence under the existing law of the country in which it is
enacted. These offences could include murder, rape, theft, kidnapping, assault, and
so on.

This problem of juvenile delinquency is persistent in every country and thus, the
issue of having a uniform definition of the term was identified by the United
Nations. This resulted in the Second United Nations Congress on the Prevention of
Crime and Treatment of Offenders which was held in 1960. 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 of the country in which
they reside.”

Causes of juvenile delinquency

The problem of juvenile delinquency has become a hot issue for the world and
persists in every country across the globe. In order to deal with this issue and
uproot it from our society, it is imperative to understand the fundamental causes
and reasons of juvenile delinquency.
Advancement of technology and economic growth

With the advancement of technology and the growth and development of society,
there has been a change in the thinking process. There is a high influence of
westernisation and modernisation on the lifestyle of people. Apart from this, with
the establishment of industries, people started migrating from rural areas to urban
areas and there arose the issue of slums, overcrowding etc. This further led to
economic and financial problems for families.

To curb such problems, children engaged themselves either in child labour or

deviant activities. This gave rise to juvenile delinquency. It has been observed that
the temptation to live a luxurious life led youngsters towards wrongful means to
fulfil their desires.

Family issues

Another major reason behind the increase in juvenile delinquency is family issues.
Family is the first place to which a child is attached. Children usually learn from
what they observe around them. If there is disintegration in the family, such as
continuous fights between parents, lack of love and affection, broken families, etc.,
it will affect a child’s growth and development mentally, physically, and emotionally
and would also lead to juvenile delinquency.

Once a child feels neglected by his or her own parents and relatives, it can cause
him or her to commit crimes due to aggression and other negative feelings.
Children at a tender age need affection, love, care, protection, and guidance.
Families must emphasise preventing children from indulging in criminal behaviour
and focus on their growth and development so that they become successful and
law-abiding citizens. Adequate opportunities must be given to them by their parents
to develop their personalities with proper education that is channelled correctly.

Changing patterns in lifestyle

A change in lifestyle is yet another reason for criminal behaviour in children. The
immaterial and changing patterns in the lifestyle of people make it arduous for
children and teenagers to adjust and revamp their family relations. They are mostly
confronted with the issue of the generation gap due to which they detach
themselves and develop apathy. They are also incapable of distinguishing between
right and wrong i.e., become amoral. Apparently, they are misguided and end up
choosing the immoral or evil path. Another reason for showing delinquent
tendencies is the company of children. People with whom they spend most of their
time can either shape their personalities into law-abiding citizens or turn them into
criminals.
Another drawback of change in lifestyle is that most of the time, parents and
children do not interact with each other. Parents are either too busy with their office
work and schedules or struggling with their own complications in life as a result of
which children are often neglected. This might induce frustration, anxiety and
aggression in children. Thus, it is necessary that parents and children interact with
each other and spend some quality time to comprehend the issues faced by
children in their day-to-day lives. Parents must also listen to their children and be
concerned to help them whenever they require it.

Biological factors

Biological factors like physiological and mental issues, low intelligence, a lack of
understanding, etc. also lead to delinquent behaviour among children. It has been
observed that girls usually attain puberty at a very young age and can easily
become prey to sexual offences. Curiosity is another preeminent reason for
delinquent behaviour among juveniles with respect to sexual offences like rape.
Here comes the role of parents, teachers, and elders. They must educate their
children regarding the biological differences between a male and female and answer
all their questions regarding other biological processes and consequences of any
illegal or unlawful act.

Poverty

When a child is not able to get the basic necessities of life, there is high chance that
the child may indulge in delinquent acts to get those necessities. This means that
poverty also contributes to juvenile delinquency. Failure to provide children with
necessities like food, shelter, clothes, education, etc. can force them to earn money
by hook or crook in order to get what they desire. People living in slums find it
difficult to survive as they are not able to get even the basic necessities of life.
Corruption is another major reason which contributes towards poverty which
ultimately leads to increased instances of juvenile delinquency in society. Poor
children often get involved in stealing, robbery and other criminal activities to help
their families with basic necessities. The government must take initiatives to
eradicate the problem of poverty and provide basic necessities like food, clothing,
shelter etc to its citizens. Efforts must be made to provide quality education and
quality training so that they can lead a good life in the future.

Other factors

Other factors like child labour, abusive childhood, traumatic experiences, financial
issues, illiteracy, unsoundness of mind etc are also responsible for delinquent
behaviour in juveniles.

Juvenile justice in other countries

Juvenile justice in the U.K.

Juvenile delinquency in the United Kingdom was considered a transient phase

meaning that it would vanish with age. The penal reformists in the country adopted
a different approach to the treatment of juveniles. The Ragged Industrial School
Movement is considered to be the first initiative taken towards the prevention of
juvenile delinquency. This movement led to the establishment of an industrial
school for homeless, destitute, and delinquent children.

Miss Marry Carpenter, a famous social activist, is known for the significant effort
that she made towards the prevention of delinquency in juveniles. She started a
Ragged Industrial School in Bristol. Further, in 1838, a Parkhurst prison was
established for the treatment of juveniles. The enactment of the Summary
Jurisdiction Act, 1879 in the country, provided that a child under 7 years of age is
incapable of committing a crime and hence, must not be convicted. In 1907, the
Probation of Offenders Act, 1907 was enacted which empowered the courts to
release juveniles in certain offences. Finally, the Juvenile courts were established in
1908 under the Children Act, 1908. These courts were empowered to deal with
matters involving juveniles and take proper care and provide protection to the
young offender.
Further, the Children and Young Persons Act, 1933, provided remand homes for the
treatment of juveniles. Children below the age of 17 were kept in observation
homes before the trial. It is noted that after the enactment of the Criminal Justice
Act, 1982, the U.K. government liberalised the law relating to juveniles in order to
abide by the guidelines of the United Nations in this regard.

Juvenile justice in the U.S.A

The history of juvenile courts in the USA starts with the appointment of state
agents in 1869 who were responsible for taking care of juveniles. In 1878, this
work was given to probation officers. Currently, each state in the country has one
juvenile court and a specialised unit in the judicial service to deal with such
matters. These courts are provided financial support by the local governments of
each state. Further, Congress enacted the Juvenile Justice and Delinquency
Prevention Act of 1974 to tackle the issue of juvenile delinquency.

These courts function in the following manner:

• The police first take the custody of a child offender and decide whether to
keep the child in custody or not.
• The next duty of the police officer is to inform the court.
• During the trial, hearing is given to the probation officer as well.
• It is the duty of a probation officer that when a child is under his supervision,
he must find a school or employment for the child. However, if the juvenile
violates any condition during probation, he is sent to a certified school or
children’s home.

Who are Juvenile Delinquents?

Juvenile delinquents are regularly youngsters between the ages of 10 and 17 who
have carried out a criminal demonstration. There are two principal sorts of guilty
parties: rehash wrongdoers and age particular guilty parties.
 • Rehash Wrongdoers– rehash guilty parties are otherwise called “life-course
constant wrongdoers.” These adolescent delinquents start culpable or hinting
at other solitary conduct amid pre-adulthood. Rehash guilty parties keep on
engaging in criminal exercises or forceful practices even after they enter
adulthood.
• Age-particular guilty parties- Age-Specific Offenders indicate adolescent
reprobate conduct starts amid youthfulness. Not at all like the rehash
wrongdoers, in any case, the practices of the age-particular guilty party closes
before the minor turns into a grown-up.
The practices that an adolescent shows amid youthfulness are frequently a decent
marker of the kind of guilty party he will progress toward becoming. While age-
specific offenders leave their delinquent behaviour behind when they enter adulthood,
they often have more mental health problems, engage in substance abuse, and have
greater financial problems than adults who were never delinquent as juveniles.

In the case of Gopinath Ghosh v. State of West Bengal, the accused had given his
age as much above the cut-off age prescribed for being a child. However, in this case,
the court not only allowed the plea of child status to be raised for the first time but
also referred the matter to the sessions judge for a determination of the age of the
accused. Approving this approach, the Supreme Court in Rajinder Chandra v State of
Chhattisgarh, further laid down that the standard of proof for age determination is
the degree of probability and not proof beyond a reasonable doubt.

Risk Factors and Predictors of Juvenile Delinquency

Numerous kids end up noticeably adolescent delinquents early, frequently between

the ages of 6 and 12 years. Numerous adolescent practices amid the pre-high
schooler and young years might be viewed as ordinary conduct for kids, as they
extend their limits, and battle to build up their self discernment. There are, in any
case, certain signs that a child may be going an awful way.

Indicators of adolescent misconduct may show up as ahead of schedule as

preschool and frequently include:

• Abnormal or moderate advancement of essential abilities, for example,

discourse and dialect.
• Chronic infringement of the principles.
 • Serious forceful conduct toward different understudies or instructors.
Studies have discovered that various life conditions constitute chance components
for a youngster to end up noticeably an adolescent reprobate. While these are
numerous and changed, the most well-known hazard factors for adolescent
misconduct include:

• Authoritarian Parenting – characterized by the use of harsh disciplinary

methods, and refusal to justify disciplinary actions, other than by saying
“because I said so.”
• Peer Association – usually resulting from leaving adolescents unsupervised,
encouraging a child to engage in bad behaviours when acting with his peer
group.
• Low Socioeconomic Status
• Permissive Parenting – characterized by lack of consequences for bad
behaviour, permissive parenting can be broken down into two subcategories:
(1) neglectful parenting, which is a lack of monitoring a child’s activities, and
(2) indulgent parenting, which is the enablement of bad behaviour.
• Poor School Performance
• Peer Rejection
• ADHD and other mental disorders

History and Evolution of Juvenile Delinquency in India

Apprentices Act of 1850

It was the first legislation which was passed in the colonial period for dealing with
children who had done something in conflict with the law. According to this act, the
children who have committed some petty offences shall not be sent to prison but to
treat them as apprentices i.e. a person who is undergoing a course training in industry
or under any establishment.
Stand of Indian Constitution

Article 15(3), Article 39 clause(e) and (f), Articles 45 and 47, force an essential duty
of guaranteeing the necessities of kids and of securing their fundamental Human
Rights. The General Assembly of the United Nations received the Convention on the
Rights of the Child in November 1989 and laid the norms to be trailed by all part
States in ensuring the enthusiasm of the kid. It additionally underscored on social
reintegration of youngster casualties.

The Indian Penal Code Act, 1860 and Criminal Strategy Code, 1861 treated kids
diversely through different methodologies. Act XIX of 1850, 1876 Reformatory
Schools Act, the Borstal School Act, the Children’s Act of 1920, and other state-
specific legislation like the Bengal Children’s Act, and Madras Children’s Act to address
neglected and deviant children these laws gave delinquents some special provisions
regarding their Institutionalization and rehabilitation.

The primary formal enactment on adolescent equity in India came in 1850 with the
Apprentice Act, 1850 which required that youngsters between the ages of 10-18
indicted in courts to be given professional preparation as a component of their
recovery procedure. This demonstration was transplanted by the Reformatory
Schools Act, 1897 along these lines gave that youngsters up to the age of 15 might
be sent to the reformatory cell, and later the Juvenile Justice Act 1986 gave a uniform
component of Juvenile Justice. This demonstration was supplanted by the Juvenile
Justice (Care and Protection) Act, 2000.

Different Stages of Legislation

Juvenile Justice Act, 1986

Truth be told the indigenous speculation on Juvenile Justice has been staying
informed concerning the worldwide patterns in this field. With the reception of the
United Nations Standard Minimum Rules for the organization of Juvenile Justice, India
was the main nation to advance its framework in light of the standards articulated in
that. Obviously, alternate targets were to lay down a uniform lawful structure for
Juvenile Justice, to give a specific approach towards the counteractive action and
control of adolescent wrongdoing, to spell out the apparatus and framework for
Juvenile Justice operations, to build up standards and measures for the organization
of Juvenile Justice, to create proper linkages and coordination between the formal
framework and deliberate offices and to constitute unique offences in connection to
adolescents and to recommend discipline thereof.

Keeping in mind the end goal to understand this objective, the Act soaks up the basic
components of all the due procedures and participatory models. The new law without
a doubt puts a difficult obligation on the state to properly outfit the assets from
different segments of financial advancement in guaranteeing the prosperity and
welfare of adolescents and an opportunity to recover from the struggle they went
through.

Juvenile Justice (Care and Protection of Children) Act,

2000

The JJ Act 1986 required that the prior framework worked around the execution of
the then-accessible Children’s Acts be rebuilt. Be that as it may, because of the non-
attendance of national accord on the time span for such a rebuilding, the means
taken by a large portion of the State Governments were still intensely shy of the
declared objectives. So as to support and institutionalize the approach towards
adolescent equity with regards to the significant arrangements of the Constitution of
India and International commitments in such manner, the Government of India re-
enacted the Juvenile Justice (Care and Protection of the Children) Act, 2000. For this,
a Working Group was set up and the Act has been implemented since April 1, 2001,
to manage the kids inside its domain.

Juvenile Justice (Care and Protection of Children) Act,

2015

Adolescent Justice (Care and Protection of Children) Act, 2015 means to supersede
the existing Indian adolescent misconduct law i.e. Adolescent Justice (Care and
Protection of Children) Act, 2000, with the goal that adolescent criminals under the
age gathering of 16– 18 can be attempted as grown-ups for genuine wrongdoings. It
was passed on 7 May 2015 by the Lok Sabha consistently and it is currently pending
in the Rajya Sabha. Adolescent Justice (Care and Protection of Children) Act, 2014
will permit a Juvenile Justice Board, which would incorporate analysts and sociologists,
to choose whether an adolescent criminal in the age gathering of 16– 18 should
attempt as a grown-up or not. The bill presented ideas from the Hague Convention
on Protection of Children and Cooperation in Respect of Inter-Country Adoption, 1993
which were absent in the past demonstration. The bill likewise tries to influence the
selection to the procedure of stranded, deserted and surrendered kids more
streamlined.

The United Nations in 1989 adopted the Convention on the Rights of the Child in
1989, for the protection of the rights of children. This convention was ratified by
India in 1992. Further, the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice, 1985, also known as the Beijing Rules, and the
United Nations Guidelines for the Prevention of Juvenile Delinquency, 1990, also
known as the Riyadh Guidelines, provided certain guidelines to be followed in cases
of juvenile delinquency. The fundamental principles in this regard include the
presumption of innocence, the right to be heard, positive rehabilitation, proper care
and avoiding maltreatment of juveniles, etc.
The Juvenile Justice (Care and Protection of Children) Act, 2015, was enacted
keeping in mind Article 15(3), Article 39(e) and 39(f), Article 45 and Article 47 of
the Indian Constitution.

Objectives of the Juvenile Justice (Care and

Protection of Children) Act, 2015

The objectives of the Act are:

• The Act is enacted with the aim to amend and consolidate the law related to
categories of children covered under the Act.
• It tries to provide basic needs, protection, care, development and treatment
of such children.
• The Act adopted a child-friendly approach for adjudication and disposal of
matters involving juveniles.
• To ensure that such children are reintegrated back into society.
• The Act also provides provisions for aftercare programmes and the
establishment of organisations to help young offenders become sober
citizens.

Categories of children recognised under the Juvenile

Justice (Care and Protection of Children) Act, 2015

The Act recognises two categories of juveniles:

• Children in conflict with the law.

• Children who need care and protection
Children in conflict with the law

Section 2(13) of the Act defines ‘children in conflict with law’. According to the
definition given in the Section, any child who commits an offence or is alleged to
have committed it and has not completed 18 years of age, is included in the
category of children in conflict with the law. The Act also provides provisions and
makes it mandatory that no such child be subject to any kind of harm, abuse,
neglect, corporal punishment, or maltreatment. Apart from this, no accusatory
words like arrest, remand, accused, etc. can be used during the trial of a juvenile
nor can they be referred to with such words.

Children in need of care and protection

Section 2(14) defines the category of children in need of care and protection. The
following children are included under its ambit:

• A child who is rendered homeless and there are no means of sustaining.

• A child who is involved in child labour or any activity contravening the labour
laws or found begging or living on streets.
• A child living with another person:
o Who abused, exploited, injured and neglected him,
o Who threatened to kill him,
o Who has killed, abused, injured or exploited any other child and there
is a reasonable apprehension that he or she might do the same with
another child.
• A child with an unsound mind or mental illness and one who is physically
challenged and has no body to care for.
• A child having parents or guardians but they are unfit or unable to care and
protect him or her.
• A child who does not have parents and no one is willing to take care of or
one who is abandoned or surrendered by his or her parents.
• A child who ran away from home and whose parents cannot be found even
after a reasonable inquiry.
• A child who has been, is being, or is likely to be sexually abused or indulged
in illegal or unlawful acts.
• A child who is used or abused for unconscionable gains.
• A child who was a victim of any armed conflict, civil unrest or natural
disaster.
 • A child who is forced into marriage before attaining the age of puberty by the
parents, relatives or guardians.

Juvenile Justice Board

Section 4 of the Act provides for the constitution of a Juvenile Justice Board for
hearing matters involving juveniles. The power to constitute the board in each
district is given to the state government. It consists of:

• A Metropolitan Magistrate or a Judicial Magistrate of First Class with three

years of experience who will be referred as the principal magistrate.
• Two social workers and one of them should be a woman. They must be
involved in health, education and welfare activities for children with seven
years of experience or have a professional degree of law, sociology,
psychiatry or child psychology.
However, a person will not be eligible for selection by the board on the following
grounds, as given under Section 4(4) of the Act:

• If he has violated any human rights or rights of children.

• If the person is convicted of an offence related to or which involves moral
turpitude.
• Removed or dismissed from government services.
• The person was involved in child abuse or child labour.

Termination of appointment

A member of the board will be terminated on the following grounds, as given under
Section 4(7) of the Act:

• The members of the board abused or misused the powers and authority.
• The member did not attend the meeting for three months consecutively
without any reasons.
• If the member did not attend 3/4th sittings in a year.
• If the member does any act because of which he becomes ineligible.
Powers and functions of the board

Section 8 of the Act gives the powers and functions of the board:

• It is the duty of the board to ensure that the child or his guardians
participate in the trial.
• Another duty of the board is to ensure that no rights of children are violated
during the entire process.
• It is the duty of the board to provide legal aid to the child with the help of
legal services institutions in the district and state.
• To provide the interpreter or translator to the child if necessary.
• The board can direct the probation officer or the child welfare officer in his
absence to investigate the case and submit a report within 15 days. The
report must contain the circumstances under which the offence was
committed.
• The board has a duty to adjudicate and dispose of the cases related to
juveniles.
• The board has a duty to visit the residential places where juveniles are kept
and make recommendations for their improvement to the District Child
Protection Unit.
• It can order police to register FIR of the offences committed against children
covered under the Act.

Child welfare committee

Section 27 of the Act provides that a child welfare committee must be constituted in
every district by the state government. This committee must be empowered to
work for the welfare of children who need care and protection. Such a committee
must consist of:

• A chairperson;
• Four other members, out of whom at least one should be a woman;
• The tenure of the members in the committee is three years.
The District Magistrate is empowered under the Act to take review from the
committee and look upon its functioning. He or she will also act as the grievance
redressal authority under the Act. The Act provides that the members of the
committee can be terminated on the following grounds:
 • Any member abused or misused the powers and authority.
• The member did not attend the meeting for three consecutive months
without any reason.
• If the member did not attend 3/4th sittings in a year.

Functions of the committee

Section 30 of the Act provides the functions of the committee:

• Take cognizance of children produced before it.

• To conduct inquiries regarding the health and safety of children.
• To direct the probation officers, child welfare officers, or district child
protection unit to investigate the matter related to such children.
• To conduct an enquiry with respect to people taking care of such children and
deciding whether they are fit to do so.
• The committee has a duty to direct the placement of children that are in
foster care.
• To ensure the care, protection, rehabilitation and restoration of such children.
• To select institutions for placement of such children keeping in mind their
gender, disability and needs.
• To inspect the premises where such children are kept once in a month.
• To certify the execution of surrender deed given by parents and ensure that
they are given sufficient time for making the decision.
• Make required efforts for the welfare of children abandoned or lost.
• The committee can declare an abandoned or surrendered child as an orphan
and look for his or her adoption.
• The committee also has the power to take suo moto cognizance of matters
related to such children.
• The committee has to work for the rehabilitation of children who are abused
sexually.
• It is empowered to coordinate with the police and other institutions for the
welfare of such children.
• It is the duty of the committee to provide legal services to children who are
abused.
Following is the table statistics showing the recent development in
comparison mode

Juveniles between 16-18 years apprehended under IPC

 Crime 2003 2013
Burglary 1,160 2,117
Rape 293 1,388
Kidnapping/abduction 156 933
Robbery 165 880
Murder 328 845
Other offences 11,839 19,641
Total 13,941 25,804
Note: Other offences include cheating, rioting, etc. Sources: Juveniles in conflict with the
law, Crime in India 2013, National Crime Records Bureau; PRS.

Claim of juvenility

The first and foremost question that the juvenile board is required to determine in
any case that comes before it, is the age of the child and whether he or she is a
juvenile according to the Act. This claim of juvenility can be raised by the person at
any stage during the trial before any court and even after the matter has been
disposed of. However, there have been a plethora of cases on this issue of juvenility
and how the age of a juvenile should be determined in a case involving him or her.

In the case of Kulai Ibrahim @ Ibrahim v. State represented by I.G. Police,

Coimbatore (2014), the appellant was convicted under Section 148 and Section 302
of the Indian Penal Code, 1860, with life imprisonment. This conviction was
challenged in the Supreme Court on the ground that on the date on which the
offence was committed, the appellant was a juvenile and must not be convicted.
The Hon’ble Supreme Court observed that this plea of juvenility was not raised by
the appellant in the trial court but raised only in the High Court. Due to lack of
evidence in this regard, the High Court had to reject the plea. However, it was
further observed that according to Section 7A of the Juvenile Justice (Care and
Protection of Children) Act, 2000, the accused has a right to raise this plea at any
stage during the trial. He also has the option of raising it after the disposal of the
case.

In the case of Deoki Nandan v. State of Uttar Pradesh (1996), the Supreme Court
held that the school certificate can be used as evidence to determine the age of the
child and is admissible in court. Further, in the case of Ajay Pratap Singh v. State of
Madhya Pradesh (2000), the High Court had to set aside the charges against the
accused because no proper inquiry was done to determine his exact age.

The Hon’ble Supreme Court in the case of Satbir Singh and others v. State of
Haryana (2005), reiterated that in order to determine the age of the accused and
whether he or she is a juvenile, the date of birth of the child as mentioned in the
school register can be taken into consideration. In the case of Panna Lal and Others
v. State of Madhya Pradesh (2015), four people, along with a juvenile, were
charged with the offence of murder. However, the case of the juvenile was
separated from the other accused and handed over to the juvenile justice board.

Rehabilitation of delinquent juveniles

The main objective of the juvenile justice system in the country is to restore and
rehabilitate young offenders back into society as sober citizens. Thus, the treatment
of juveniles becomes important. The Act provides that no child will be subject to
any cruelty, abuse, or harsh treatment and establishes institutions like observation
homes, shelter homes, etc. for their reformation. The following institutions can be
helpful to achieve the purpose:
Observation homes

According to Section 47 of the Act, juveniles in custody during the inquiry or

pendency of trial are to be kept in observation homes. These homes provide for the
treatment of juveniles and children who are in need of care.

Special homes

According to Section 48 of the Act, a special home is to be established by the state

government in every district for the juveniles and those who have been ordered to
live in these homes by the juvenile justice board during their trial. The aim of these
homes is the social reintegration of such children and juveniles. However, the
authorities have the power to separate the juveniles living in these homes on the
basis of their gender, age, nature of the offence committed etc.

Children’s home

Section 50 of the Act empowers the state government to establish a home for
children who are in need of care and protection. This can be done with the help of
voluntary groups and non-governmental organisations. These homes provide care
and protection to such children and work towards their development, treatment,
education, and training.

Aftercare programmes

These programmes aid and support juveniles and children to lead a normal life after
they are released from observation homes or special homes or other homes
established under the Act. For example, the government or NGOs can provide
financial support to such juveniles to establish their means of livelihood. Apart from
this, the Act also provides for the adoption of children in need of care and
protection under Section 56 of Chapter VIII of the Act.

Preventive programmes for juvenile delinquency

Education

Education is essential to shape a person’s life. If quality education is imparted to

the children and youngsters, they can become assets for the country and contribute
towards its growth and development. The aim of every government must be to
provide quality education and guidance to its younger generation. These
programmes not only help the children choose their career path but also open
opportunities for them to shine and use their energy in a proper manner.

Recreational activities

A famous saying that “all work and no play makes Jack a dull boy” is actually true.
Recreational and fun activities can contribute towards the growth of children and
help in preventing delinquent behaviour. With the help of these activities, children
can be engaged in fun yet intellectual activities which will also give them a chance
to interact with peers, counsellors, teachers, businessmen, motivational speakers,
and other eminent personalities. These people can help them understand how to
differentiate between right and wrong.

Parent-children interaction

Children are usually sensitive by nature. It is important that their parents interact
with them and create a friendly environment at homes where they are not hesitant
or scared to share their problems, thoughts and opinions. They must not be abused
or harassed in any manner because if done so, it would have a negative impact on
their mental growth.

Community services

Children must be engaged in community services like helping people in need

through scouts, youth groups, and NGOs. It would also imbibe in them the values
of helping and respecting each other, honesty, and truthfulness, and make them
responsible citizens.

Anti-ragging programmes or anti-bullying

programmes

Ragging or bullying had negative and adverse effects on the minds of children.
Initiatives were taken by the government to stop these activities.The Central Board
of Secondary Education in India issued guidelines to schools to establish a
committee to ensure an anti-ragging culture in schools and that there must be a
counsellor in every school. Further, in 2007, the Ministry of Human Resource
Development constituted the Raghavan Committee on the issue of increasing
bullying and ragging incidents in colleges and universities. In 2009, the University
Grants Commission (UGC) issued regulations to prevent and reduce the menace of
ragging in universities and higher education institutions. Due to all these initiatives,
ragging is completely prohibited and punishable.
Recent case laws

Narayan Chetanram Chaudhary v. State of

Maharashtra (2023)

Facts of the case

The appellant in this case filed an application for claiming the plea of juvenility that
at the time of commission of offence, he was a juvenile. The appellant was
convicted under Sections 302, 342, 397 and 449 read with 120B of the Indian Penal
Code, 1860. It was argued that at the time of the commission of the offence, he
was a juvenile, and thus, he cannot be awarded with death penalty.

The issue involved in the case

Whether the claim of juvenility in this case, be accepted or not?

Judgement of the Court

The Hon’ble Supreme Court in this case observed that the convict was already in
prison for more than 28 years. He had faced severe limitations and difficulties
during the time he was in jail. It would even have been difficult for him to find his
school certificate as proof of his age for the plea of juvenility. The court further
observed that his age in the school certificate was mentioned as 12 years, which
means he was a juvenile at the time of the commission of offence and hence, the
court accepted this certificate to determine his age. Thus, the court, in this case,
held that since he has already been in jail and served imprisonment, and according
to the Juvenile Justice (Care and Protection of Children) Act, 2015, no juvenile can
be awarded the death penalty and hence, the order of death penalty passed by the
lower court was invalidated.

Reserved on: 12.04.2022 v. Union Territory of J&K

(2022)

Facts of the case

This case pertains to an order of a lower court which set aside the order granting
bail to a juvenile. A revision petition was filed by the petitioners in the High Court of
Jammu and Kashmir against the judgement of the lower court i.e., Court of
Principal Sessions Judge, Kulgam. The petitioners argued that the court
misinterpreted the law and passed the erroneous judgement, ignoring the law
related to juveniles.
The issue involved in the case

Whether the said order setting aside the grant of interim bail to the juvenile, in this
case, should be set aside or not.

Judgement of the Court

The petitioner argued that neither Section 8, Section 15 nor Section 18 of the
Juvenile Justice (Care and Protection of Children) Act, 2015 provides any provision
that has to be considered while granting bail to a juvenile. Also, no investigation
report is required to be submitted in this regard. It was further contended that the
lower court failed to consider the observations of the Juvenile Justice Board and the
procedure followed therein. The Jammu and Kashmir High Court in this case held
that Section 12 of the Act is clear and unambiguous, and so the lower court’s order
to cancel the order granting bail to a juvenile was set aside.

Anuj Kumar v. State of U.P. (2021)

Facts of the case

The petitioner applied for the post of constable and also passed the required written
examination and the physical test. However, after the appointment, an inquiry was
conducted by the Senior Superintendent of Police regarding the criminal history of
the petitioner. It was found that the petitioner had once faced criminal prosecution,
as a result of which, his appointment was refused. Aggrieved by this, the petitioner
filed a writ petition in the court to set aside the cancellation of his appointment. He
contended that he was a juvenile when he faced criminal prosecution and so must
not be disqualified from the appointment.

Issues involved in the case

The issues involved in the case are:

 • Whether the petitioner was juvenile when he faced criminal prosecution;
• Is the refusal of his appointment correct?

Judgement of the Court

The Allahabad High Court in this case observed that even though the plea of
juvenility was not raised by the petitioner during the criminal prosecution, this does
not negate the fact that he was a juvenile when he faced the trial. According to the
Juvenile Justice Act, all the charges against him are to be put down and he must
not face any kind of disqualification because of the criminal prosecution. The court
held that the appointment of the petitioner in this case cannot be cancelled merely
on the ground of criminal prosecution. The Court issued a writ of mandamus
against the respondent authority and gave the following directions:

• The respondents were directed to appoint the petitioner to the required post.
• This appointment must be done in accordance with the law.
• He must be given the same post for which he qualified.

Critical Analysis and Recommendations

It isn’t sufficient to order elegant laws, however, the execution ought to be finished
and culminate. Under the watchful eye of bringing the law into constraint, the
enactment ought to consider the foundation required to actualize the law and money-
related consequences associated with executing the law. With no discourse with
regard to the likelihood/possibility of the usage, laws are brought into drive
immediately. Subsequently, there is disappointment in the execution of the laws.

Suggestions and Recommendations

Children and protection had been accepted as the responsibilities of modern welfare.
Through social welfare programs and the JJ Act, States have undertaken the
responsibility of ensuring developmental opportunities to children living in conditions
of want and showing signs of social maladjustment. But the fragmented
implementation and malfunctioning of the various organs under the JJ Act have
brushed off the basic fundamental principle of different policies. Hence there is a need
to transform this approach towards juvenile justice into a ‘system’ of juvenile justice.
The first and foremost requirement is to think clearly about the direction of change.

1. Formulation of Minimum Standards- A child cannot develop into a normal

human being by the normal provision of food, shelter and clothing. It is
necessary to formulate minimum standards of services for various community
and institutional services for children under the JJ Act. The qualifications,
salary structure, staff pattern, the architecture of the building, and other
factors should be in accordance with the objective of providing alternative
family care to the juveniles, ultimately leading to their rehabilitation in society.
2. National Commission for Children– A national commission for children’s
welfare was suggested by the high-level committee constituted by the
Supreme Court in a public interest petition for basic facilities for children
engaged in the fireworks industry in Madras and Sivakasi in the early 1990s.
The government has reiterated its desire to constitute one on several occasions
subsequently, but one has still to be constituted.
3. Strategy for Change– Probation and other community-based programs cost
less than institutionalization. They should also be preferred for their potential
for ensuring better care and rehabilitation for juveniles. The state has paid
some attention to children but other more demanding pressure groups and
priorities deemed necessary have been able to divert the resources for their
causes.
4. Special Training Programme-A special training program must be prepared
and the officers of the Board including the Principal Magistrate should be given
training of child psychology and child welfare.
5. Sports and Functional Programmes-For better welfare of juvenile games,
sports and other functional programs may be organized in observation homes
and institutions and encourage the juvenile to participate in these programs
so they connect themselves with society. During festival seasons some cultural
programs should be organized in the homes for the inmates with the assistance
of voluntary organizations.
6. Education and Schooling– Schooling of children in homes up to the age of
14 should be made compulsory. They should be given the best of the facilities
and opportunities like any Boarding school (hostel) making a course of moral
science and civics compulsory for those who are in homes. For the welfare of
the juvenile, he must be allowed to go on leave and released on license during
the examination so that he can continue with his studies. Sponsorships should
be provided for the education of juveniles in good institutions. Personality
enhancement courses should be organized.
 7. Courses and Seminars-Orientation courses, seminars and awareness
programs should be organized by the government on juvenile justice on
regular intervals to enable the functionaries to imbibe the message discussed
and conveyed to them.
8. Providing Assistance-A social worker may be associated with the
investigation made by the police officer. In the child cell, at least one lady
police officer should be posted.
9. Needed Change-Unless a more effective lobby is generated for children, it
may not be possible to bring about a change in the policy towards children
whether for the purposes of finding resources or for implementing the statutory
provisions or for a continuous review of policy and implementation patterns
relating to children.

Conclusion

For the development of any country, it is necessary that adequate attention is paid
to the growth and development of the human resources i.e., its future generation.
Initiatives must be taken by the government to introduce quality education and
training for its citizens and must impart the same to them. Various Schemes must
be introduced to provide education to those children who are unable to pay school
or college fees. Apart from this, other aspects like health, safety and welfare of
such children must also be taken care of. Most of the states are welfare states and
so the focus must be to reform and rehabilitate young offenders rather than
awarding harsh punishments.

The Juvenile Justice (Care and Protection of Children) Act, 2015 helps to achieve
this purpose as 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 separate machinery and authority to
deal with juvenile matters, which makes the whole process easy and speedy. It also
aims at providing protection to children who have been abused or harassed in any
manner. However, efforts must be made for the strict implementation of the Act.
Any person who contravenes the provisions of the Act must be punished. This can
help reduce crimes against children.

The Government of India has introduced numerous schemes in this regard which
include the most famous scheme of Atmanirbhar Bharat to help the youth become
self-reliant and independent and use their aptitude and intellect for the benefit of
oneself and the country at large. Other such initiatives include Ujjawala with the
aim to reduce the cases of child trafficking, the National Youth Policy 2021, the
National Education Policy 2020, and many more.

Introduction

“A brave, frank, clean-hearted, courageous, and aspiring youth is the only

foundation on which the future nation can be built.” – Swami Vivekananda

The youth represents the future of the country. Their constant desire to learn new
things and modern outlook towards science and technology will lead the country
forward in new innovations and technological advancements. Young people are
innocent brains, they can be shaped into effective leaders to serve the interests of
the country. Hence, India gave much importance to the proper education of
children in recent times. But the increasing delinquent behaviour among the
children may cause difficulty in this process.

According to the reports of the National Crime Report Bureau (NCRB), 31,170 cases
were reported against juveniles in 2021, a 4.7% rise from 29,768 cases reported in
2020, and 76% of these crimes were committed by juveniles between the age
group of 16-18. The rapidly increasing juvenile delinquency cases have become a
huge concern for the country. The following article provides comprehensive
information about the issue of juvenile delinquency, various types, causes,
consequences, relevant statutes and preventive measures taken by the government
in regard to the problem.

What is juvenile delinquency

Juvenile delinquency refers to the involvement of minors below the age of 18 in

illegal activities that can hamper the proper functioning of law and order in a
country. A juvenile is an individual who has not attained the age of majority. The
statutory age of majority is different in every nation. In India, the age of majority is
eighteen.

A person is said to be a delinquent when he is not in accordance with societal

norms and values. A juvenile delinquent is treated differently from an adult
criminal. When a juvenile engages in any anti-social activities, it is presumed that
he lacks the mental maturity to take proper decisions but this is not the case with
an adult. An adult is fully aware of his actions and the consequences of them.
Therefore, emphasis is laid on rehabilitation of juveniles rather than punishment.

Vandalism, theft of items from any store and initiating or involving in a fight that
causes injury to the public are some of the common examples of juvenile
delinquency.

Legislation dealing with juvenile delinquency

The juveniles are governed by separate legislation due to their limited mental and
social development. However, India did not have a structured juvenile system from
the start.

Juvenile rehabilitation system before independence

Before independence, juvenile crimes were governed by the existing customary

laws. But with the increase in juvenile delinquency day by day, the necessity for
special legislation for juveniles was felt by the government. In light of the issue, the
British government passed the first juvenile legislation, the Apprentices Act, 1850.
According to the Act, minors between the ages of ten and eighteen who commit
petty offences shall be treated separately, and the convicted juveniles will be placed
as apprentices in trade.

A few other laws passed prior to independence also had provisions related to
juvenile delinquency. Section 82 of the Indian Penal Code, 1860, provides immunity
to children under seven and exempts them from prosecution. This doctrine of “doli
incapax” forms the basis for this Section, according to which the children do not
possess the mental capacity to commit any crime on their own. Section 83 of the
IPC provides that a child above the age of seven and below the age of twelve who
has not reached sufficient maturity cannot be prosecuted.

The Reformatory School Act, 1876 was enacted to transform the attitude of
juveniles and provide reformatory provisions relating to juvenile offenders. The
Court can direct delinquents below the age of sixteen who have been sentenced to
imprisonment to attend the reformatory school instead of sending them to prison.
But the offender should be shifted to local prisons after attaining the age of
eighteen. The Act provides provisions for the treatment and rehabilitation of
juvenile offenders.

In British India, there was no uniform national juvenile legislation for regulating the
actions of children. Nevertheless, a few provinces, like Bombay and Madras, have
their own juvenile legislation.

After Independence

After independence, the Juvenile Justice system was reorganised. The Children’s
Act was enacted in 1960 with the objective of providing care, protection, education,
and rehabilitation for neglected or delinquent children. Article 15(3), 21A, 24,
39(e), 39(f), 45, and 47 of the Indian Constitution promote children’s welfare and
secure their bright future.

Juvenile Justice Act, 1986

The government enacted the Children Act, 1960, to establish a structured juvenile
justice system applicable to the whole of India, but there was no uniformity in the
enforcement of the act. The Supreme Court in the case of Sheela Barse v. Union of
India (1986), recommended the central government to replace the Children Act,
1960, with a uniform juvenile act for the trial of children below the age of sixteen
years.

In accordance with the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (Beijing Rules 1985), the government enacted the
Juvenile Justice Act, 1986. The Juvenile Justice Act came into force on 1st
December 1986. A few provisions of the Act are enacted based on the Children’s
Act. The main object of the Act is to provide a comprehensive legal framework for
delinquent and neglected juveniles.

The Act aims at the promotion of care, protection, welfare and the prevention of the
occurrence of juvenile delinquency. The Act also aims at establishing Juvenile
Homes, Children’s courts, and Juvenile Welfare Boards. The Act defines juveniles as
boys below sixteen and girls below eighteen years of age.

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

The principal aim of the Juvenile Justice Act, 1986, is to bring the Indian juvenile
justice system in compliance with the UN standard of 1985. However, this aim was
not accomplished. The General Assembly of the United Nations adopted the
Convention on Children’s Rights in 1989, and India ratified it in 1992, which led to
the formulation of the Juvenile Justice (Care and Protection of Children) Act, 2000.

The most significant change made by the Act was to rephrase the definition of a
juvenile as a minor who has not reached the age of eighteen years. This change
raises the age of juveniles from sixteen years to eighteen years. The main purpose
of this change is to treat juveniles differently from adults. The Act also substituted
the phrase “juvenile delinquency” with “the child in conflict with the law” and
“neglected child” with “the child in need of care and protection”.

The Act aims at the establishment of observation homes and juvenile welfare
boards. In addition to that, the Act also aims to establish the Child Welfare
Committee. Section 31(1) of the act confers the committee with final authority to
dispose of the cases for the care, protection, and rehabilitation of children and
provide them with a healthy environment to exercise their human rights.

The Act also aims for the creation of a juvenile police unit in every district. The child
welfare officer at every police station is provided with adequate training to handle
juveniles. The Act prohibits death sentences and life imprisonment for juveniles.

Juvenile Justice (Care and Protection of Children) Act, 2015

The infamous 2012 Delhi gang rape case, commonly known as the Nirbhaya rape
case, had a significant influence on the enactment of the Juvenile Justice (Care and
Protection of Children) Act, 2015. In this case, a 23-year-old woman was brutally
raped by six men; one of them was a juvenile at the time.

This horrific incident led to widespread protests from the entire nation, and doubts
were raised in regard to the efficiency of the Juvenile Justice Act of 2000. The
government passed the Act with the view of clarifying all the concerns raised with
regard to the competence of the existing law.
The Act continues the Children’s Welfare Board and Children’s Welfare Committee
and revives the Juvenile Court for every district, which was omitted in the 2000 Act.

The most significant change brought about by the 2015 Amendment to the Juvenile
Justice Act is the categorization of offences. The offences are classified into three
categories:

1. Heinous Offences: Offences for which the minimum punishment under the
Indian Penal Code or any other law is imprisonment for a period of seven
years or more. (Section 2(33) of the Juvenile Justice Act).
2. Serious Offences: Offences for which the punishment under the Indian
Penal Code or any other law is imprisonment for a period between three and
seven years. (Section 2(54) of the Juvenile Justice Act)
3. Petty Offences: Offences for which the maximum punishment under the
Indian Penal Code or any other law is imprisonment for a period that may
extend up to three years (Section 2(45) of the Juvenile Justice Act).
Section 15 of the Act mentions that any juvenile in conflict with the law in the age
group of 16 – 18 shall be tried as an adult if the crime falls within the category of
heinous offences. However, a juvenile cannot be awarded life imprisonment or the
death penalty, according to Section 18 of the Act.

The Juvenile Justice Board will conduct a preliminary assessment of the mental and
physical capability of the juvenile before the child is tried as an adult. The board
includes experienced psychologists and psycho-social workers to assess the
behaviour of children.

The Supreme Court in the case of Barun Chandra Thakur v. Master Bholu (2022)
stated that the juvenile who will be tried as an adult must have the ability to
understand the future consequences of the act of which he was accused. The court
further mentioned that the consequences are not only confined to the immediate
consequences of the offence but also the consequences that the victim and his
family would suffer, only then a juvenile can be tried as an adult.

In the case of Rajiv Kumar v. State of Bihar (2018), the Patna High Court held that
the preliminary assessment cannot be conducted for any other offences that are not
covered under the definition of “heinous crimes”.
Factors contributing to juvenile delinquency

There are many factors that lead to delinquent behaviour in children. The following
factors are the primary causes of the development of anti-social behaviour in
juveniles.

Social factors

The social life of an individual has a long-lasting effect on the individual. Family and
peer groups are two major components of the social life. Among all other factors,
the family has a vital role to play in the behaviour of a person. Children spend the
majority of their time with the family, they observe parents’ actions and tend to
imitate or repeat them in their day-to-day life.

Parent’s failure to express their feeling to their children and constant conflicts
within the family will lead to the loneliness in the child. In this process, they may
seek bad company. On the other side, strict parenting styles and extreme
restrictions will make them rebel against the accepted norms and values. Children
who suffer physical or mental violence at a young age are more likely to engage in
crimes.

After family, children spend most of their time with their peer group. Peer groups
are formed to provide companionship to each other. Generally, peer groups
promote stability and generosity in an individual, but the same can have a negative
impact on the juvenile if they are in a bad companionship.

Economic factors

Poverty is one of the major causes for juveniles to engage in delinquency. The
greedy desire to become rich in a short span can influence individuals to participate
in illegal activities. Every person aims to raise their economic status, but due to the
storage of opportunities and resources in a legal way forces an individual to pursue
their dreams in the illegal and anti-moral method.
Education will impart rational thinking skills, discipline, good behaviour and the
difference between legal and illegal to the children. But many families due to their
poverty are unable to send their children to schools and colleges, instead, they are
asked to assist their family financially. In the process, they get addicted to alcohol
and drugs. Due to the lack of formal education, these juveniles fail to distinguish
between good and evil and eventually get attracted to criminal activities.

Psychological factors

The crime commission is not always influenced by external forces, at times,

disturbances within the person also feed the anti-social mentality. Emotional
disturbances can lead to distorted thinking, extreme behaviour and unusual mood
swings among individuals.

A person with low self-esteem is more likely to indulge in deviant behaviour as

compared to a person with higher self-esteem. A juvenile with low self-esteem has
a negative perception of themselves and is constantly frustrated by it. Rejection
and hostility by others can lead to extreme behaviour in low self-esteemed
juveniles. Emotional disturbances in families and a lack of affection and support
from parents and peer groups are the major reasons for young adults’ low self-
esteem.

A few times, jealousy can manifest itself as interpersonal conflict and give rise to
feelings of revenge. Adolescents tend to show more acts of jealousy than adults due
to their limited mental maturity.

Children suffering from attention deficit hyperactivity disorder, oppositional

disorder, or any other mental health disorder are prone to display extreme
aggressive behaviour and engage in intentionally annoying behaviour.

Types of juvenile delinquency

Howard Becker broadly classified juvenile delinquency into four types, i.e.,
individual, group-supported, organised and situational, based on the way the
delinquent behaviour is carried out and the underlying social context.
Individual delinquency

Individual delinquency is used to describe the behaviour of a child who engages in

criminal activities on their own accord without any assistance from others.
Psychiatrists have made major contributions towards the study of individual
delinquency. According to them, individual delinquency arises from psychological
problems.

According to Doctor Healy, the primary cause for the display of such behaviour is
the feeblemindedness of the delinquent. The intellectual imparity of a child makes
him unable to conform to moral norms set by society, which forces the child to
adopt criminal behaviour.

Children adopt their behavioural patterns by visualising their immediate

environment, making the family a significant factor in determining the child’s
behaviour. Family environment, lifestyle, and relationship dynamics influence the
child’s mental and intellectual development. A child risks developing an anti-social
attitude if parents fail to provide the expected love, compassion, and support.
Poverty, lack of education, drug usage, and the criminal background of the child’s
family are the main forces that raise violent and anti-social behaviour among
children.

Heredity is also one of the factors leading to delinquent behaviour in teenagers.

Children inherit negative behavioural traits from their ancestors. However, a change
in the environment of the child will reduce the development of those criminal traits.

In the Barun Chandra Thakur v. Master Bholu (2022) case, a 16-year-old killed a 7-
year-old boy by slitting his throat in the toilet of Ryan International School. The
case was transferred to the Juvenile Justice Board from the Central Bureau of
Investigation in view of the age of the accused. According to the social investigation
report of the accused, he was aggressive, short-tempered, less stable, and often
consumed alcohol. The board, after conducting the preliminary assessment, was of
the opinion that the accused has the mental capacity to commit an offence and can
be tried as an adult. However, many appeals were filed against the order, and the
Supreme Court held that the power to make a preliminary assessment lies with the
Children’s Court and Juvenile Justice Board, and the Court cannot delve into this
matter.
Group-supported delinquency

Group-supported delinquency refers to the behaviour of a child who engages in

anti-social activities in companionship with others. Delinquents develop this
behaviour under the influence of the culture prevailing in their immediate
neighbourhood and social groups outside the family. According to the reports of the
United Nations, two third of the total cases of juvenile delinquency are committed
by teenagers who group themselves into gang-like organisations.

Frederick Thrasher, in his work “Gang’s Theory”, discusses group-supported

delinquency. Each group has a unique behavioural pattern distinct from other
groups, and the members incorporate it into their personalities. During this process,
the groups generate animosity towards each other and disseminate criminal
techniques to safeguard and promote their interests.

Peer associations are formed among same-aged people. Teenagers devote more
time to peer groups than their families. Adolescents are prone to criminal
tendencies because they lack adult mental and intellectual maturity at that age.

An individual is willing to take part in any immoral or unethical act that is against
the norms of society to get accepted by the group. Parents fail to exercise their
control as the child begins to consider the opinions of peers more highly than those
of their parents.
Organised delinquency

Organised delinquency is committed by a group of young people formally organised

to engage in criminal activities. These organisations have a hierarchical structure
and are guided by the established values and norms of the group. Albert Cohen was
the first person to mention organised delinquency. In the book “Delinquent Boys:
Culture of the Gang”, Albert Cohen developed the theory of subculture. According
to Cohen, the delinquent subculture is the primary reason for juveniles’
involvement in crime.

Subcultures emerge as the result of existing socioeconomic disparities in society.

The working-class individual who wants to achieve success and pursue their goals is
constantly confronted with middle-class demands and expectations; they soon
realise that the rigid social structure and low social rank prevent them from
reaching their goals. Inequalities in society compel the individual to reject the
existing societal norms and values and join a subgroup to achieve his goals.

Cloward and Ohlin, in their book “Delinquency and Opportunity” pointed out that
youngsters who fail to adjust to their inability to achieve success through legitimate
means adopt the illegitimate procedure. Juveniles blame the societal order for their
failure rather than their inability. A group of individuals who have faced similar
experiences and have a typical attitude of hatred towards the existing system will
form a deviant subculture. These delinquent subcultures emerged in America in the
1950s. Drug trafficking among children is a prime example of organised
delinquency in India. Juveniles are hired by these organised groups to deliver drugs
and substances, and they are often paid in drugs.

Situational delinquency

In the types mentioned above of delinquencies, the causes for the commission of
the crime by juveniles are deep-rooted. They are driven by psychological, social, or
cultural factors. But situational delinquency is not deep-rooted; rather, the cause
and means of control are relatively simple.

An individual who indulges in anti-social activities because of the limited impulse

control or pressure caused by family and societal restraints. In comparison with
other types of delinquency, situational delinquency is considerably easier to control.

David Matza referred to Situational Delinquency in his book “Delinquency and Drift”.
According to Matza, every person has criminal tendencies that are suppressed in
accordance with societal norms. A juvenile is caught between the delinquent world
and the conventional world; despite having knowledge about the norms and values
of society, the juvenile bends towards deviant behaviour due to his permissive
temptations. Matza called this process “Drift”.

David Matza states that techniques of neutralization enable drift. Neutralization is

the process through which youth justify their delinquent acts. However, the concept
of situational delinquency is not developed and is not given much relevance to the
problem of juvenile delinquency. This type of delinquency only finds its place in
writing, not in reality.

Rehabilitation for juvenile offenders

The Juvenile Justice (Care and Protection of Children) Act, 2015, aims to adopt
child-friendly methods for the disposal of petty cases while emphasising
rehabilitation and reintegration of juvenile offenders. Rehabilitation is the process of
reforming and restoring an individual back into society after engaging in delinquent
behaviour.
The act stipulates that the observation homes and childcare institutions will serve
as rehabilitation centres for children in conflict with the law and children in need of
care and protection, respectively.

Juveniles between the ages of 16-18 years can be tried as adults for the
commission of heinous crimes with the approval of the juvenile justice board and
children’s court. But the act created special child care institutions for juveniles
involved in delinquent behaviour for petty offences. These juveniles are not
subjected to corporal punishment or humane treatment; instead, rehabilitation
facilities are provided.

Juvenile rehabilitation is carried out with extreme care and the utmost diligence,
given that they are still in the early stages of mental development. Delinquents are
given compulsory education in compliance with Article 21A of the Indian
Constitution and the Right of Children to Free and Compulsory Education Act, 2009.

Delinquents are given the opportunity to obtain new knowledge and enhance their
skill sets. They are provided with the opportunity to participate in recreational
activities such as sports, or practice skills such as music, art, dance, and cultural
events. Every delinquent is provided with mental health care facilities and
counselling in accordance with their needs. Childcare institutions provide referral
services for de-addiction, vocational training, and disease treatment, whenever
required for the personality development of the child.

The process of rehabilitation and reintegration is carried out according to the

individual plan of the delinquent. The Act also involves foster care, sponsorship, and
adoption in this process whenever deemed necessary.

Juveniles are placed under the protection of foster care to provide a healthy family
environment and love and affection for the child. The foster families will be
responsible for the health, nutrition, and education of the child.

The Act enables the state government to financially assist childcare institutions and
families in the form of sponsorship to meet medical, educational, and other needs
to improve the quality of the child. The Act also made provisions for adoption to
restore the right to family for orphans and abandoned children.

Children leaving childcare institutions and special homes at the age of eighteen
after their term of rehabilitation will be provided with financial support for the
reintegration of juveniles back into society.
Prevention of juvenile delinquency

The future prosperity of a nation relies on the well-being and effectiveness of the
youth, hence, it is essential to limit delinquent behaviour among juveniles to ensure
the future of the country. Some of the preventive measures include the following

Education programme

Quality education has a positive impact on individuals, making them less likely to
commit crimes. Schooling imparts knowledge and life skills, which make them self-
reliant and keep juveniles from engaging in anti-social activities. Juveniles get
knowledge of societal norms, values, civil rights, and duties, which discourages
them from breaching the law. Government investment in imparting free and quality
education plays a significant role in reducing delinquent behaviour among juveniles.

Healthy family environment

Parent-child relations, family relationship dynamics, and the approach to parenting

have a long-lasting impact on the mental health of the child. Establishing strong
communication between parents and children is crucial for the prevention of
delinquent behaviour in children at an early stage.

Removal of inferiority complex

Fear, inferiority complex, and apprehension that someone might hurt him create a
wrong impression on the juvenile and harm others out of this fear. Parents and
other family members should create a solid foundation so that the children can feel
secure and share any kind of uneasiness.
Recreational programmes

Recreational activities do not reduce the occurrence of anti-social activities but can
play a major role in reducing delinquent values. Individuals with anti-social
behaviour experience extreme anger, impulsive behaviour and a lack of self-control,
while recreational activities provide relaxation and help juveniles to socialise with
others. Juveniles discover their hidden talents like music, dance, drama, and art,
and we encourage them to pursue them.

Publicity and awareness campaigns

Newspapers, magazines, media, radio, and social media can serve as important
tools for creating awareness and imparting knowledge to the public. Government
and non-governmental organisations can educate the public through awareness
campaigns about the issue of juvenile delinquency.

Conclusion

It is crucial to protect the interests of juveniles and reduce the occurrence of

juvenile delinquency in the best interest of future generations because they play a
significant role in the progress and advancement of the nation. The Juvenile Justice
(Care and Protection of Children) Act, 2015, is a progressive step in light of the
issue but lacks proper implementation. Many juvenile homes established under the
act do not have proper infrastructure and basic facilities like water, clean sanitation,
and adequate staff. There is also a lack of awareness and confusion regarding the
new amendments to the statute and the treatment of delinquents. The government
should take stringent measures to ensure the proper implementation of the Act.

Due to the complexity of the issue, the government should also prioritise
preventative measures in addition to enforcing existing laws. The government can
launch awareness campaigns, special lectures, and various programmes in schools
and colleges to educate people about juvenile delinquency.
Statement about the problem

The problem of “Juvenile Delinquency” is a very vague issue that consists of a lot of
contingencies and is also open to a number of apprehensions and interpretations as
to how, when and what preventive methods should be used to prevent such
delinquent behaviour among the youth of our nation, as this is a problem of
national importance.

Objective and scope of the study

The objective of this research paper is to analyze the various programs and laws
working for the Juveniles of the Nation. This research paper is mainly about the
contingencies regarding the constant tussle between the current practices to curb
delinquency, law and the social environment as a whole and how measures could
be habituated throughout the nation which could strategically help in uprooting the
problem of Juvenile Delinquency.

Research questions

• What is Juvenile Delinquency and how is it a “Social Problem”?

• Structure of the Social Movement.
 • Conclusion

Research Methodology

The researcher has used doctrinal methods i.e. reference from available primary
sources like Acts, Rules and Regulations to study the present questions at hand.
The researcher has also taken reference from secondary sources like books, articles
and newspaper letters to understand the issues regarding Juvenile Delinquency: A
Social Problem.

What is juvenile delinquency and how is it a social Problem?

Juvenile delinquency is the involvement in criminal acts by a juvenile between the

ages of 10 and 17. An individual’s behaviour is called ‘Delinquent’ when a person
deviates from the course of a normal social life. If a juvenile under the age defined
under a law displays behaviour that may prove to be dangerous to society and/or to
him, he may be considered a juvenile delinquent. Juvenile criminals are any
criminals that are under 18 years of age, including boys and girls.

A juvenile delinquent is an incorrigible or habitually disobedient young person. In

recent times, due to several causes and circumstances, these illegal activities are
growing rapidly. Young children below the age of 18 years who are at a higher risk
of becoming delinquent life in difficult circumstances. They are surrounded by an
environment where parental alcoholism, poverty, family breakdown, overcrowding,
violent conditions in the household, the rising HIV/AIDS scourge, or the death of
parents during armed conflicts are predominant. To elaborate these better following
are the factors which trigger this delinquent behaviour among the children.

Individual factors

With juvenile delinquency, multiple risk factors are known. A minor who has a lower
degree of intelligence and who is not well trained is more likely to become involved
in criminal activity. Impulsive behaviour, uncontrolled hostility and an unwillingness
to postpone gratification are some risk factors. Multiple individual risk factors can
be described in many instances as a contribution to the participation of youth in
dangerous, disruptive and illegal activities.

Factors for the Family

The occurrence of delinquent behaviour in young people is correlated with a stable

pattern of family risk factors. A lack of adequate parental oversight, ongoing
parental conflict, neglect and violence (emotional, psychological or physical) are
among these family risk factors. It is probable that parents who show a lack of
regard for the law and social standards will have children who think similarly.
Finally, those children who exhibit the lowest commitment to their parents and
relatives, including delinquent conduct, are exactly the same adolescents who
participate in improper behaviours.

Factors in Mental Wellbeing

Several factors in mental health are also seen as leading to juvenile delinquency.
However, it is important to bear in mind that it is not possible to identify those
forms of mental health problems, especially personality disorders, with regard to
children. There are, however, precursors of these disorders that can be shown in
infancy that appear to end up being revealed by delinquent actions. A common one
is the disorder of conduct. A lack of empathy and disdain for social norms is
described as a behavioural disorder. & quote; (Mental Disorders Diagnostic and
Statistical Manual, Fourth Edition, American Psychiatric Association, 2004.)

Factors in drug abuse

In most cases of juvenile delinquency, drug abuse is detected, and two patterns are
established with respect to substance abuse and minors. First, now, juveniles use
more potent drugs than was the case 10 years ago. Secondly, the age at which
certain juveniles start drug use is younger. Children are discovered to be using
strong illicit drugs in elementary schools. Unlawfully, the use of these illicit drugs or
the use of legal substances motivates young people to commit crimes in order to
acquire drug money. Additionally, when consuming drugs and alcohol, teenagers
are much more likely to participate in damaging, dangerous and criminal
behaviours.

It is because of the lacklustre environment, which creates a mental imbalance in

an already sensitive age of adolescence. It is estimated that the number of children
in extremely challenging circumstances worldwide grew from 80 million to 150
million between 1992 and 2000. In most countries, teenagers are convicted of
serious offences, such as theft or murder, which are referred to as criminal courts
and charged as adults.

Often prosecutors make this determination, or often allow transfers, requiring a

hearing to consider the child’s age and background, the nature of the offence, and
the possibility that the juvenile court will support the youth. As a result of a tough
approach towards juvenile crime, several jurisdictions have changed their juvenile
codes to make it easier for underage offenders to be referred to adult courts. In
order to portray the whole deteriorating condition of rising Juvenile delinquency in
India, a state-wise distribution of this crime would be apt.

The largest number of cases of juvenile delinquency are as follows:

Tamil Nadu (1,470), which accounted for 34.0 percent of total juvenile crimes
under SLL, was registered by the Special and Local Laws for 2009, followed by
Madhya Pradesh (987), (22.8 percent) and Gujarat (498), (11.5 percent).

Taken together, these three states accounted for 68.4 percent of the total cases of
juvenile delinquency reported in the country under SLL. Of the 223 cases registered
in the country under the ‘Weapons Act’ involving juveniles, Madhya Pradesh
registered 25.1 percent of the cases (56). Madhya Pradesh accounted for 51.3%
(590 out of 1,149) of the ‘Gambling Act’ cases registered. Of the 398 cases
registered under the Prohibition Act, Gujarat, Tamil Nadu, and Maharashtra
contributed 40.2 percent (238), 38.0 percent (225) and 21.8 percent (129). Tamil
Nadu recorded 7 out of 18 cases under the Immoral Traffic (Prevention) Act, while
11 out of 14 cases recorded under the ‘Registration of Foreigners Act’ were
reported from West Bengal and 32 out of 44 cases reported from Madhya Pradesh
under the ‘Dowry Prohibition Act.’ Six out of 21 cases were registered in Haryana
under ‘Scheduled Castes / Scheduled Tribes Prevention of Atrocities) Act’ and the
four cases were registered in Himachal Pradesh and Jharkhand under ‘Forest Act’
each.
The following chart depicts a graphical analysis of “serious crimes” committed by
the children between the age group of 16 years to 18 years over a period of 4
years:

For this increase in juvenile delinquency, different explanations can be cited. Simple
access to pornography and changing eating preferences can be attributed as a
reason for this shift in the conduct of teenagers, who display growing participation
in sexual offences, according to psychologists and women right activists.

It has been pointed out that, due to hormonal changes, young people are unable to
regulate their biological impulses. In urban areas, there are more cases of rape
than in rural areas, as the social power of the former (cities) has decreased. This
can be seen in the table on different forms of juvenile crimes, a whopping 1982
number of cases of rape charges, the highest in all types of juvenile crimes in 2016.

Although, on the one hand, the widening gap between rich and poor in urban areas
and the loss of innocence has driven minors from poor parts of society into the
world of crime, children from well-to-do families are also increasingly entering the
world of crime. These dangerous trends among young people in India are motivated
by peer pressure, extravagant lifestyles, too much independence from parents, and
even basic curiosity. Indian law has taken various steps in order to provide justice
to these Juvenile Delinquents as well as to provide justice to the people who have
suffered through their ill actions. Thus, such provisions laid out by Indian law are as
follows:

• Detailed provisions have been given under Sections 82 and 83 of the Indian
Penal Code relating to the extent of criminal liability of children belonging to
various age groups. Doli incapex is a child under the age of seven, i.e.
 ‘unable to commit a crime.’ Likewise, a child between the ages of seven and
twelve has only minimal criminal responsibility. The claim is to explain
juvenile offenders’ lenient care because, due to lack of adequate maturity
and comprehension, they do not grasp the significance and implications of
their acts.
• Under Section 360 of the Code of Criminal Procedure, 1973, where any
person under the age of twenty-one or any woman is convicted of an offence
not punishable by death or imprisonment for life and no prior conviction has
been formed against that person, the court can, taking into account the age,
character and history of the defendant and the circumstances under which
the offence is committed, have jurisdiction to do so. In the ordinary
procedure, such first offenders must not be prosecuted in a criminal court.
Instead, by special procedures or treatment under the statute, they must be
dealt with and corrected. The primary aim is to distinguish juvenile offenders
from hardened criminals in order not to be vulnerable to repeated
tendencies.
• Section 27 of the 1973 Code of Criminal Procedure further indicates that,
under Indian law, lenient care of juveniles has already been given legislative
approval. Under this clause, if an offence other than the one punishable by
death or life imprisonment is committed by a child under the age of sixteen,
he should be given lenient punishment based on his past background,
character, and circumstances that led him to commit the crime. During the
duration of his imprisonment, his sentence could further be commuted for
good conduct. Furthermore, the charges brought against him have not been
released in order to prevent the young offender from being stigmatized and
humiliated. There is no disclosure of his name, address or identification and
the general public is exempt from attending the proceedings. The offender’s
parents could, however, be required to attend the trial. The primary purpose
of these closed-door trials is to keep the defendant away from the procedural
law’s rigors and to make the trial simpler and less formal. The theory
underlying these legislative initiatives suggests that young people are
innocent by nature and that the attitude of society towards them should also
be one of compassion and kindness. Often, at the time of committing crime,
the emotional attitude of juvenile delinquents definitely varies from that of a
reported adult suspect, so treating the two alike would be extremely
unreasonable.
Therefore, due to these underwhelming statistics even after continuous efforts put
forth by government authorities with respect to laws and regulations. This problem
is a “Social Problem” as it is a problem which perpetuates in the youngsters or the
younger generations of the country. They are the future of our country and with the
current deteriorating state, the conditions should be mended as soon as possible,
otherwise the plausibility of widespread social dilemmas and destruction can be
presumed to be rather inevitable. Thus, this is a huge problem for our nation and if
necessary steps are not taken at the right time, fatal results could cultivate for the
nation.

Structure of the social movement

Before moving forward with the structure of the social movement for Juvenile
Delinquency, it is rather cruel to know the true meaning of Social Movements.
Although, almost every person has experienced a social movement, either through
mass media platforms such as news channels, newspapers or even social
networking platforms or have experienced them personally. Still, the meaning of
social movements is crucial to be known for the reader, as most of the people have
a very narrow meaning of what a social movement is in their head, like where a
bunch of people roam around the roads of the city or do the same while fasting as
what is popularly known as peaceful protests. But, there is a wider and greater
meaning to the term “Social Movement”.

A social movement may be characterised by a large number of individuals as a

concerted attempt to bring about or hinder social, political, economic, or cultural
change. Described in this way, social movements can sound similar to groups with
special interests, and certain things are common to them.

But the essence of their behaviour lies in a significant disparity between social
movements and special interest groups. Special-interest groups usually operate
through traditional political practices such as lobbying and election campaigning
within the system. In comparison, by participating in different kinds of campaigns,
including marches, picket lines, sit-ins, and even overt violence, social movements
frequently operate outside the system.

Social movements are defined by sociologist Charles Tilly as a series of contentious

performances, displays and campaigns in which ordinary individuals make collective
claims on others. For Tilly, social movements are a significant tool for the
participation of common citizens in public politics. He argues that a social
movement has three main elements:

1. Campaigns: a sustained, coordinated public effort by the target authorities

to make collective claims;
 2. Repertoire: the use of combinations of the following modes of political
action: the formation of alliances and coalitions for particular reasons, public
meetings, solemn processions, vigils, marches, protests, petitions, comments
to and in the public media and pamphlets; and
3. WUNC displays: the concerted public representation of the participants on
the part of themselves and/or their constituencies of worth, unity, numbers,
and obligations.
Since social movements are for the betterment of society, in the present case
scenario that betterment is only possible when juvenile delinquency as a whole is
pulled out from the system from its very roots. For such prevention, certain
strategies and tactics must be followed in the social movement.

The early intervention

We now know that the most cost-effective place to avoid the “cradle to prison
pipeline” is as close to the beginning of the pipeline as possible, in light of the
growing body of study. Early intervention delays the onset of criminal activity and
encourages the growth of the assets and resilience of youth. Although many prior
interventions concentrate on remediating apparent and/or long-standing destructive
behaviour, research has found that prevention and early intervention are more
efficient. Thus, early intervention not only protects young lives from being lost, but
it also prevents adult criminal careers from starting and decreases the risk of young
people becoming serious and violent criminals. This reduces the burden of crime on
society in turn.

Issues connected with family

A family, especially parents, plays a major role in their child/adolescent’s growth.

One of the risk factors may be family-related issues. These problems can be
economic, social, and alike. In West Bengal, the number of minors left without a
parent is growing with the increasing number of immigrants. It is also difficult for
grandparents or other caregivers to pay attention and supervise these kids so that
they don’t end up in an unfavourable setting. Improper conditions can drive a
child/adolescent to commit a crime.

Domestic abuse, parental neglect and their poor habits, etc., can be the causes of
committing a crime. For a healthier and comfortable family environment, Functional
Family Therapy Programs could help in various ways. The Functional Family
Counselling programme serves adolescents and their families on probation. A family
therapist interacts with the family and helps individual members of the family see
how they can motivate progress in their home positively. In three steps, the
software works.

The therapist tries to break down resistance to therapy during the first step and
helps the family to feel that it is important to alter negative contact and relationship
patterns. In the second step, new ways of handling day-to-day scenarios are
introduced to family members; they are shown how to adjust their attitudes and
reactions to scenarios. Family members are motivated to transition new
communication skills to other social contexts (for example, school or the workplace)
during the third process.

At a low cost, FFT decreases rates of recidivism and juvenile delinquency. For one
month, twelve FFT sessions cost around one-sixth of the cost of detaining a youth.
Another beneficial impact of the initiative is that young people’s siblings on parole
are less likely to commit crimes because of the support they have obtained from
their families. This program has shown a lot of success in the USA in the late 90s
and early 2000s. Therefore, this program must be implemented, as it is a tried and
tested method to curb the growth of Juvenile Delinquency.

Teaching

By providing knowledge to parents and children, model programmes have

supported various families in countries all around the globe and thus is considered
to be a tried and tested formula. Some programmes educate parents about how to
raise healthy kids; some teach kids about the consequences of drugs, gangs, sex,
and weapons; and others seek to demonstrate the inherent importance they and all
others have to young people. Many of these interventions provide young people
with the understanding that their conduct has consequences. This is especially
important in an environment in which pornographic and violent images are barred
from young people. The fundamental aim of educational initiatives is to inspire hope
and open up opportunities for young people.

Juvenile delinquency prevention

Against such factors as violence, psychological issues, “street life,” etc that push a
minor to commit a crime, there needs to be an opportunity for the minor to see the
right path. International experience divides the crime prevention level into three
levels:

1. Primary;
2. Secondary;
3. Tertiary.
At every level, preventive measures are of particular importance in the fight against
crime. LEPL Centre for Crime Prevention was established in 2012 and promotes the
prevention of juvenile delinquency, rehabilitation and resocialization of former
juvenile prisoners, and institutional development of mediation.

The centre works both on early and general crime prevention, as well as with at-
risk groups.

Leadership House Project programs should be implemented in cities all around India
and give youth the opportunity to develop physically and mentally by participating
in training, seminars, sports and other activities.

Two generations – Which involves schoolchildren in the voluntary activities in

elderly nursing homes. The youth will help the elderly which promotes developing a
sense of solidarity and responsibility in minors. For secondary prevention, the
centre promotes the management and development of the programs/projects for
minors at risk-groups. In this regard, in Tbilisi is implemented the program “Youth
Club” which target groups are minors who are characterized by difficult, antisocial
behaviour. This program helps beneficiaries to use their free time productively. The
tertiary prevention programs include programs aiming at preventing children, who
have pleaded guilty or are convicted of an offence, from re-offending. These are the
diversion and mediation programs applying to individuals under the age of 21.

If there is probable cause that a person under the age of 21 has committed a minor
or a serious crime, the prosecutor is authorized not to initiate/stop the criminal
prosecution and apply the diversion mechanism. Deviation programs present one
chance to the person under the age of 21, in exchange for fulfilling certain
conditions, to continue living without a conviction and a sentence, to start a law-
abiding life, and to take a step forward to a successful future.
Program for bullying prevention

In elementary and high school environments, a strict Bullying Prevention Program

should be set up. To implement this program, teachers and administrators should
be loaded with an anonymous student questionnaire as to who is doing the bullying,
which children are most often abused, and where campus bullying happens.

Once teachers and administrators have learned at their school about how and
where bullying happens, they could create class rules and initiate conversations
with students as well as parents which could help in resolving the issue.
Independent therapy should also be offered by individual bullies and victims.

Also, an anti-bullying squad should be set up in every standard of the school which
could make sure that no student is held a victim of a bully. Making an anti-bullying
squad from among the students itself would create a sense of responsibility among
the students and therefore, they would feel empowered in the right kind of ways.
This would also greatly help in curbing the issue of juvenile delinquency.

Social media

Social Networking platforms such as Instagram, Facebook, Snapchat and alike

should have proper age restriction methods so that sensitive content through these
platforms is not possible or at least hard to find. Meme pages on these platforms
should start putting out posts on how to become better individuals, proper
mannerisms, respect for women, and other moral values. As social networking
platforms are very popular among young adults between the age group of 14 years
to 18 years, these platforms carry a certain weight in the minds of every adolescent
individual.

These platforms have a very crucial effect on children, and since this age is very
tender and malleable, good posts on popular pages on Instagram could really help
in curbing the situation at hand. A similar, initiative has been taken by the
researcher, where the researcher used to regularly post motivational quotes, posts
regarding women empowerment, anti-bullying and alike. These posts used to be
seen by over 1000 people on Instagram. The response that the researcher got in
return was also very overwhelming as the people who saw these posts
acknowledged these posts and further reposted them. This created a cycle or even
a small movement, where every person was sharing the same posts and stories
through their own personal Instagram handles.

Also, television programs should be advised to strictly provide a disclaimer before

scenes that could contain a sort of violence that has the potential to disturb the
already tender state of an adolescent mind. Special newspapers and magazines
should be made for young adults which contain life skills and how to tackle bad or
uncontrollable times in their lives, as it is because of this is what triggers the
growth of delinquency among children.

Articles regarding meditation, exercise, yoga, good reading habits along with some
articles on social issues going on in the world should be specifically formulated for
this age group. Social media should also exhibit the various consequences of laws
against juvenile delinquency which would even further threaten or stop the children
from indulging in any sort of malpractices. Advertisements regarding such motions
should also be shown on YouTube. Thus, social media plays a huge role in the
development of personalities and could immensely help in curing the said issue.

Anti-drug abuse programs

Drug abuse is found to be the most common trait among most of Juvenile
delinquents. Even though drug abuse at any stage of life is harmful for mental and
physical health, it gets even worse when adolescent children consume them.
Consumption of these drugs by children creates a condition in people wherein they
are not able to differentiate between what is real and illusion. This confusion further
creates other problems like anger issues, mental disorders, depression and alike.
These factors help in providing a push to delinquency among children.

The reason why drug abuse has been so predominant among teens is because of its
easy availability and cheap costs. To curb this, the government should make strict
laws against the selling these kinds of drugs even for medical purposes. These
drugs should be made highly restricted when it comes to the number of units a
chemist store can have and also, it should not be available in every store.

Further, these drugs should not be sold to anyone, rather a proper attested
prescription should be made compulsory in order to buy such a drug. These drugs
should also be made costlier so that they are not within the limits of
children/teens/young adults. Several assessments of Life Skills Instruction, a
classroom-based approach to the prevention of drug abuse, have shown it to
decrease participants’ consumption of alcohol, cigarettes, and marijuana. By the
end of high school, the declines in alcohol and tobacco use were continued. Life
Skills Training is identified both by Blueprints and the Surgeon General and by
several other lists of proven programmes as a model programme.

The strategy has been With funding from government entities and private
foundations, it has been widely disseminated throughout the United States over the
past decade. Therefore, in the opinion of the researcher, similar steps should be
taken up by the respective authorities of our country too.

Role of celebrities

In India, Bollywood celebrities and sportspersons play a huge role in every person’s
life. Be it from a child of 5 years to any person as old as 90 years, all of them look
up to them as their idols. In many regions of the country such celebrities are even
worshipped with a place next to gods like Rajnikanth is worshipped like a god in
South India, and similar is with the case of the great Sachin Tendulkar. Ordinary
people tend to follow their favourite celebs and try to copy them and their lifestyle,
thinking that the right way to live a life is like them. Thus, it is not a theory that
these celebs control the lives of their fans in ways more than one. For example,
fans of Akshay Kumar tend to remain fit and away from any drug abuse and even
alcohol.

This is because Akshay Kumar maintains a very healthy lifestyle and his fans follow
him at all costs. In similar fashion, such celebrities and sports persons should
actively promote healthy social skills, education, and alike not only through
advertisements but also through their respective social media accounts. This will
create an impact on the children who follow them and thus these children would try
and follow what their idol celebs/sportspersons are trying to convey. Thus, making
these children a better person, while directly reducing the chances of them
becoming criminals and criminal activities in the country.

Conclusion

The juvenile justice system has historically used fines, therapy and intervention to
alter problematic youth activity after it has happened, but it has been found that
once they are actively involved in criminal activity, it is more difficult to turn them
around. “Prevention is more successful and less expensive than a care after the
fact” (1995), according to the National Institute of Justice Journal: Abuse by Young
People.

Therefore, inside schools, more prevention initiatives have been developed to keep
children away from narcotics and abuse. This technique has proved to be more
effective in keeping teenagers out of trouble than after-the-fact care. Within the
criminal justice system, services and therapies that cover such a large population,
there is a long path to reform that takes a while to adapt to change.

With initiatives such as Functional Family Counselling and Instruction based on

developing the talents and assets of youth rather than retribution, we can see a
better future for India’s youth. If we are interested in a sustainable juvenile justice
system, we need to focus on effective youth growth, anti-bullying services,
minimising incarceration, evidence-based practices, high-risk youth focus, and
strong community partnerships. The position of the communities in this issue is to
provide our at-risk youth and offenders with more effective prevention and recovery
services, as well as to work with the federal and state governments to establish a
better strategy to distribute funds to these services. Social media and celebrities
should also carry out promotions, ads and share messages that are helpful to these
young adults’ mental well-being.

The 2016 Juvenile Justice Act can be seen as the Indian government’s very
progressive move towards keeping pace with evolving trends in juvenile crime.
Subject to the Juvenile Justice Board’s findings, the daring step under the Act on
the prosecution of juvenile offenders found guilty of committing heinous offences as
adults. In conflict with the statute, the Justice Verma Committee took a stance
against reducing the age of juveniles.

The study noted that Any effort to reduce the age of adolescence or to exempt such
children from the jurisdiction of the Juvenile Justice (Care and Security of Children)
Act 2000 on the basis of the nature of the crime and age would infringe the
assurances made under the Constitution and international instruments of the United
Nations Convention on the Rights of the Child (UN Convention on the Rights of the
Child).

However, when the current trends in juvenile delinquency in India are examined, it
appears that we need to study and amend our juvenile justice policies in view of the
age pattern and essence of offences committed. In the US and UK, the same kind
of patterns emerged with the height of horrific offences committed by teenagers in
the 16 to 18-year-old age group. The US has modified its stance on criminal justice,
with a move from restorative to retributive approaches. The same also applies to
the UK.

Here, an offender under the age of 18 is usually prosecuted by a juvenile court,

although the case can be referred to the Crown Court in cases of serious offences.
The self-control and parental control that was historically adequate to deter
individuals from committing offences have become weak in the face of the rapid
spread of industrialization and globalisation. In Indian culture, the primary
socialisation operating through groups such as families, peer groups, traditional
neighbourhood relations, near kin circles is increasingly becoming ineffective.

All this has led to recent advances in juvenile delinquency. The investigator firmly
believes that when stopped at its root, juvenile crime can be easily controlled.
Offenders generally acquire the propensity to commit crimes while they are young,
so it is a very good opportunity to confront their immorality since children are more
versatile and can quickly become positive characters. In juvenile crime, psycho-
social factors often play a very vital role, as the way people think and live
influences the young generation’s overall social decency. Views among various
groups of individuals, particularly when they are negative, are detrimental to
minorities.

Societies with more noticeable distinctions, such as races, are likely to experience
more juvenile delinquency rates. Participation and sensitization by the Community
in matters relating to juvenile delinquency is of great importance. Preventive steps
are very important within the Criminal Justice administration. For this reason, if
people in society are conscious of the problems of abused children and children
living in difficult circumstances, they may play an important role in recovery.

Any informal bodies in various places, such as registered residential groups, may be
interested in reporting issues of adolescents who engage in deviant conduct or
whose conduct cannot be effectively monitored by parents. In this article, it was
reflected earlier that families are effective social regulation and socialisation agents.
Families can thus be more active in taking preventive steps, along with other key
classes in society.