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Juvenile Delinquency[1]

Table of Contents

QUESTION BANK

Q.1 Describe the position of “Juvenile Delinquency” in India. What measures can be suggested to prevent it?

Q.2 Define ‘juvenile delinquency’ with its various causes.

Q.3. Explain special features of Juvenile Justice Act?

Q.4. what is ‘neglected juvenile’? Explain provisions relating to neglected juvenile in Juvenile Justice Act.

Q.5. Explain special features of Juvenile Justice Act with reference new Enactment.

Q.6. what is juvenile delinquency? Explain characteristics of Juvenile Court.

Q.7 what is juvenile delinquency? Give note on distinctive characteristics of Juvenile Court.

Q.8. Juvenile justice (care and protection of children) Act. 2000 has greatly changed traditional definition of child delinquency? Discuss in the light of provisions of said Act.

SHORT NOTES

1 Juvenile Court.

2 Juvenile delinquency

Juvenile Justice Act 2000 specifically provides for two types of Juvenile, viz.

(i) Delinquent Juvenile, and

(ii) Child in need of care and protection.

Our study specifically focused on “Delinquent Juveniles”; however, it is not irrelevant to discuss some of the Act’s provisions relating to children in need of care and protection.

We will discuss this topic in light of the Juvenile Justice (Care and Protection of Children) Act 2000, which repeals the Juvenile Justice Act 1986.

I] JUVENILE DELINQUENCY – What does it mean?

Juvenile Delinquency is an increasing social menace. Children are the future of the country and its builders; if they become delinquent, it creates a major problem. Such children must be protected and returned as good citizens of the country.

II] DEFINITIONS:-

1) Juvenile:-

S.2 (k) of the Juvenile Justice Act 2000 defines. “Juvenile” or “Child” means “a person who has not completed the eighteenth year of age”.

2) “Delinquent Juvenile.”:-

S.2 (e) of the Juvenile Justice Act 1986 defines “Delinquent Juvenile” means – “a juvenile who has been found to have committed an offence.”

However, S.2 (l) of the Juvenile Justice (Care and Protection of Children) Act 2000 nowhere defines the term “Delinquent Juvenile,” but a similar term, “Juvenile in Conflict with Law,” has been used.

It defines a “Juvenile in conflict with Law” as a juvenile alleged to have committed an offence.

3) Child in need of care and protection [S. 2(d)] :-

Child in need of care and protection means-

(i) who is found without any home or settled place or abode and without any ostensible means of subsistence,

a) who is found begging, or
b) who is either a street child or
c) a working child,”

(ii) who resides with a person (whether a guardian of the child or not) and such person-

(a) has threatened to kill or injure the child, and there is a reasonable likelihood of the threat being carried out, or

(b) has killed, abused or neglected some other child or children, and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person,

(iii) who is mentally or physically challenged or ill children or children suffering from terminal diseases or incurable diseases having no one to support or look after,

(iv) who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise control over the child,

(v) who does not have a parent and no one is willing to take care of or whose parents have abandoned

(vi) who is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts,

(vii) who is found vulnerable and is likely to be inducted into drug abuse or trafficking,

(viii) who is being or is likely to be abused for unconscionable gains,

(ix) who is the victim of any armed conflict, civil commotion or natural calamity;

4) Child Welfare Committee (S.29):-

The state may constitute for every district or group of districts one or more Child Welfare Committees for exercising power and discharging the duties concerning the child in need of care and protection under this Act.

5) Children’s Home (S.34):-

A State Government may establish and maintain either by itself or in association with the voluntary organization “children’s home” in every district or a group of districts. It is to be established for the reception of children in need of care and protection during the pendency of any inquiry and subsequently for their care, treatment, education, training, development and rehabilitation.

6) Shelter homes (S.37):-

The State Government may recognize reputed and capable voluntary organizations and provide them with assistance in setting up and administering as many shelter homes for juveniles or children as may be required.

The “Shelter Homes” shall function as drop-in-centres for the children in need of urgent support who have been brought to such homes.

III] Causes of “Juvenile Delinquency”:-

The following causes can be cited for juvenile delinquency –

1) Industrial development and economic growth:–

Industrial development and economic growth have resulted in urbanization. This has created several problems, such as housing, slum dwellings, overcrowding, lack of parental control, family disintegration, etc. It also results in neglecting children at home, which results in their delinquency.

2) Temptation for luxurious life:-

The temptation for a modern luxurious life prompts youngsters to resort to wrongful acts to satisfy their wants.

3) Broken Homes:-

An increase in divorce cases and matrimonial disputes is an important juvenile delinquency case. Stepmotherly treatment of children affects their psychology. Due to family problems, a child is neglected, and such a neglected child is more prone to Juvenile Delinquency.

4) Modern Living:-

The impact of TV serials and other media, like cinema, speedily changes the pattern of living. It attracts children and adolescents to the commission of crimes.

5) Psychological causes:-

Early physiological maturity or Low intelligence also accounts for delinquent behaviour among juveniles.

6) Poverty:-

Parents’ failure to provide the necessities of life draws their children to delinquency to satisfy their needs.

7) Conduct of parents:-

Children are naturally inclined to imitate their parents’ behaviour. If the parents’ behaviour and character are not good, e.g., if the father is a thief or the mother is a prostitute, the possibility of children leading similar lives is higher.

8) Population:-

Lack of family planning leads to more unwanted children. Thereby, parents become unable to nourish, maintain or provide education to children; if not properly directed, children may become delinquent.

IV] Institutions constituted for treatment and rehabilitation of Juveniles:-

(Sections mentioned hereunder are from the Juvenile Justice Act 2000.)

A) Juvenile Justice Board (S.4):-

The Juvenile Justice Act 2000 establishes the Juvenile Justice Board, a Court for Juvenile delinquents. It is specially established for juvenile matters, apart from other ordinary Courts for adult criminals.

1) Composition:-

The Juvenile Justice Board is constituted at the district level by the State Government. It shall consist of a Magistrate (J.M.F.C. or Metropolitan Magistrate) and two social workers or eminent persons, of whom one shall be a woman.

Such a Magistrate shall have special knowledge or training in child psychology or child welfare. The social workers shall actively participate in children’s health, education or welfare activities for at least seven years.

2) Procedure:-

A child in conflict with the Law may be produced before an individual member of the Board when the Board is not sitting.

At least two members, including the principal Magistrate, shall be present at the time of final disposal of the case. However, the Board can act in the absence of any one member, and any order made by the Board in the absence of any member shall not be called invalid. The majority decision will prevail among members in a time of difference of opinion.

3) Order that may be passed regarding Juvenile (S.15):-

Following orders may be passed regarding the Juvenile if the Board is satisfied with an inquiry that the juvenile has committed an offence, viz.

According to S. 15 of the Juvenile Justice Act, 2000, the following orders may be passed regarding the juvenile.

(a) Allow the juvenile to go home· after advice or admonition on the following appropriate inquiry against and counselling to parents or the guardian and also to juvenile.

(b) Direct the juvenile to participate in group counselling and similar activities.

(d) Order the parent of the juvenile or the juvenile himself to pay a fine if he is over 14 years of age and earns money.

(e) Direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or another fit person, on such parent, guardian or other fit person executing a bond, with or without surety as the Board may require, for the good behaviour and well-being of the juvenile for any period not exceeding three years.

(f) Direct the juvenile to be released on probation of good conduct and placed under the care of any fit institution for the good behaviour and well-being of the juvenile for any period not exceeding three years.

(g) Make an order directing the juvenile to be sent to a special home –

(i) In the case of a juvenile over 17 years but less than 18 years of age for a period of not less than two years.

(ii) In the case of any other juvenile, until he ceases to be a juvenile.

4) Order that may not be against Juvenile (S.16):-

Following orders may not be passed against the juvenile, viz.

a) sentence to death
b) imprisonment
c) committed to prison in default of fine, or
d) committed to prison by default for furnishing security.

Where a juvenile who has attained the age of sixteen years has committed an offence, and the Board is satisfied that the offence committed is of a serious nature and that his conduct and behaviour have been such that it would not be in his interest or in the interest of another juvenile in a special home to keep him there; the Board may have to send him to such special home and that none of the other measures provided under this Act is suitable or sufficient. The Board may order the juvenile in conflict with Law to be kept in such place of safety and in such manner as it thinks fit and shall report the case for the order of the State Government.

The period of detention so ordered shall not exceed the time the juvenile could have been sentenced for the offence committed.

e) no proceeding shall be instituted, and no order shall be passed against the juvenile of security for keeping peace and for good behaviour (S.14) :
f) no juvenile shall be charged with or tried for any offence together with a person who is not a juvenile (S.15).
h) if the juvenile and adult are charged together, the Board shall direct separate trials of them (S.16).

5) Bail to the juvenile conflict with Law (S.12):-

When any person accused of a bailable or non-bailable offence and apparently a juvenile is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure or any other Law for the time being in force, be released on bail with or without surety but he shall not be so released if there appear reasonable ground for believing that the release is likely to bring him into association with any known criminal or expose him to any moral, physical, psychological danger or that his release would defeat the ends of justice.

If he is not released on bail, as discussed above, his further detention can only be in the observation home, not in prison or a police station.

6) Prohibition of publication of the name, etc.,

No report in any newspaper, magazine, news sheet or visual media of any inquiry regarding a ‘juvenile in conflict with law’ under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the juvenile, nor shall any picture of any such juvenile be published.

Provided that for reasons to be recorded in writing, the authority holding the inquiry may permit such disclosure if, in its opinion, such disclosure is in the interest of the juvenile. Any person contravening this permission shall be punished with a fine which may extend to one thousand rupees.

B) Observation Home (S.8):-

Constitution – Any State Government may establish and maintain either by itself or under an agreement with voluntary organizations, observation homes in every district or a group of districts, as may be required for the temporary reception of any juvenile in conflict with the law during the pendency of any inquiry regarding them under this Act.

If the State Government is of the opinion that any other institution is fit for this purpose, it may certify such institution as an observation home.

Rules-making power: –

The State Government is empowered to make rules for the management of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of juveniles and the circumstances and the manner in which the certification of an observation home may be granted or withdrawn.

Classification of Juvenile: –

Every juvenile who is not placed under the charge of a parent or guardian and is sent to an observation home shall be initially kept in a reception unit of the observation home for preliminary inquiries, care and classification of the juvenile according to his age group, such as – (i) Seven to twelve years, (ii) twelve to sixteen years (iii) sixteen to eighteen years, giving due considerations to physical and mental status and degree of the offence committed for further induction in an observation home.

C) Special Homes (S.9):-

Constitution:-

Any State Government may establish and maintain special homes, either by itself or under any agreement with the voluntary organization, in every district or group of districts, as may be required for the reception and rehabilitation of juveniles in conflict with the Law under this Act.

If the State Government is of the opinion that any other institution is fit for this purpose, it may certify such institution as a special home.

Rules-making power:-

The State Government is empowered to make rules for the management of special homes, including the standards and various types of services to be provided by them which are necessary for the re-socialization of a juvenile and the circumstance under which and the manner in which the certification of a special home is granted or withdrawn.

Classification of Juvenile:-

The State Government is empowered to make rules for the classification and separation of juveniles in conflict with the Law on the basis of age, the nature of the offence or offences committed by them, and their mental and physical status.

D) Special Juvenile Police Unit (S. 63):-

To enable police officers who frequently or exclusively deal with juveniles or are primarily engaged in the prevention of juvenile crime or handling of juveniles or children under this Act to perform their functions more effectively, they shall be specifically instructed and trained.

In every police station, at least one officer with the aptitude and appropriate training and orientation may be designated as the ‘juvenile or the child welfare officer’ who will handle the juvenile or the child in coordination with the police.

A special juvenile police unit (of which all police officers are designated as above to handle juveniles or children) may be created in every district and city to coordinate and upgrade the police treatment of juveniles and children.

V] Rehabilitation and Social Reintegration:-

The rehabilitation and social reintegration of a child shall begin during the stay of the child in a children’s home or special home, and the rehabilitation and social integration of the child shall be carried out alternatively by the following means –

1) Adoption (S. 41):-

The primary responsibility for providing care and protection to children shall be that of his family. Orphaned, abandoned, neglected and abused children are given in adoption.

The Board is empowered to give children in adoption and carry out such investigations as are required for giving children in adoption.

Guidelines given from time to time by the State Government may be followed when giving up children for adoption.

2) Foster Care (S.42):-

Foster care may be used for the temporary placement of those infants who are ultimately given for adoption.

In foster care, a child may be placed in another family for a short or extended period, depending upon the circumstances, where the parent visits regularly. Eventually, after the rehabilitation, the child may return to his own home.

3) Sponsorship (S.43):-

The sponsorship programme may provide supplementary support to families, children’s homes and special homes to meet their medical, nutritional, educational and other needs to improve their quality of life.

4) ‘Aftercare’ organization (S.44):-

State Government may, by rules made, provide for the establishment or recognition of aftercare organizations and the functions that they may perform.

State Government may also frame a scheme of aftercare programmes to be followed by such aftercare organisations. These programmes are intended to take care of juveniles or children after they leave special homes and children’s homes and enable them to lead honest, industrious, and useful lives.

State Government may also make rules for prescribing standards and the nature of services to be maintained by such aftercare organizations.

VI] Measures or Remedies to Prevent Juvenile Delinquency:-

In a civilised society, juvenile delinquency is treated differently than ordinary criminality. It is necessary to rehabilitate juveniles as good citizens. Moreover, it is also necessary to prevent juveniles from becoming delinquent. Such measures are as follows-

1) Educational system:-

Proper education definitely helps to prevent and control juvenile delinquency. Teachers can easily identify delinquents and can properly treat them. Proper moral education can greatly reduce delinquency. For that purpose, teachers should be trained properly to deal with juvenile delinquents. Punishment is not the only way to treat juvenile delinquents.

2) Economic improvement:-

The economic progress of all classes of society is very important for curbing juvenile delinquency. Poverty is one of the important causes of delinquency; therefore, the government must endeavour to uplift the poor.

3) Responsibility of family members:-

Many times, children learn delinquent behaviour in their homes. Therefore, it is the responsibility of the family to desist from delinquent behaviour so as to prevent training in juvenile delinquency.

Similarly, the family that knows the juvenile’s delinquent behaviour should take proper steps to prevent him from becoming delinquent.

4) Psychiatric Treatment:-

Psychiatric treatment and consultation through psychiatrists, clinical psychologists and psychiatric social workers are needed to help the juvenile. Their problems can be cured by proper treatment and consultation.

5) Special and observation homes (Mentioned in the Act):-

The Act has taken care of this properly by establishing Juvenile Homes, Special Homes, and Observation Homes to treat juvenile delinquency.

VII] Judicial Approach:-

The approach of the Indian Judiciary is in favour of the protection of juveniles.

In Rajhbir V/s State of Hariyana[2] Supreme Court quashed the trial and conviction of juveniles under ordinary penal law, i.e. under S. 307 and directed them to try them under the Juvenile Act.

Similarly, in the Munna V/s State of U.P, the Court observed the juvenile should not be put in an ordinary prison.

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[2] AIR 1962 SC 28