Search

Juvenile Delinquency in India



1.Introduction :

Children are the rock of any nation on which the future is built. They become the leaders of the world, the creators of the wealth of the world, who care for and protect the society of the people from which they are derived. These kids all over the world are growing at a different rate and developing a different worldview. They increase their ability to think logically and to develop their own ideas about social and political issues. They develop the ability to engage in long-term planning and goal setting. There is also the tendency to compare ourselves with others. They wish to have a different identity and separation from their parents. This is a time when peer pressure and acceptance are paramount. They also have strong romantic / sexual views, and tend to show indulgence in love and long-term relationships. However, these are normal changes and there are no irregularities in general. Problems arise when children indulge in immoral fantasies, and they often get into trouble with law and order. There is a very strong relationship of Crime / Deviance over the years - according to Hirschi and Gottfredson (1983), the age-old criminal relationship is global. A common perception that crime / crime increases in youth and decreases with age, This is a common criminal pattern in historical, local and cultural contexts. Indulgence in ordinary crime is widespread among young and old alike. Most of these offenders quit crime after working for a while in crime. In other types of crime, however, there is a certain age and a gradual decline.


Youth crime has become so commonplace that it has caused much controversy in any nation. In a normal case, a juvenile delinquent can be considered a child who is suspected of committing / violating a particular law, when his or her act of deportation or omission becomes a crime. Under Indian Laws, Section 2 (K) of the Children's (Child Care and Protection) Act, 2015 A child is a person under the age of 16 years. Prior to the Juvenile Justice Act of 2015, the age bar for Children was 18 years of the Act, 2000, 2006, 2012. In fact, the age of youth under Indian Laws took on a variety of interim and local approaches. It varies from 14 to 18 years under different laws and in the United States.


2. Reasons for Juvenile Crimes:

Various studies involving child abuse show that worldwide, many behavioral changes occur in children / adolescents, related to sudden changes in their body due to increased hormones, which accompany puberty. Changes are most evident in body parameters, such as changes in height and weight of young children and soon followed by other sexual and physical changes of maturity. These physical changes are accompanied by mental changes as well.


Social Features: -

In some cases, young people are developing a rebellious culture because of cultural decline and the frustration of the situation they are experiencing. They are more likely to accept the deceptive power of peer pressure. According to Walter B. Miller (1958), some young people are turning the mainstream culture down, so anything that has value and is generally considered good by the Society left by these young people, is replaced by a different program. Thus, if a certain morality is maintained by the community, the rebellious children abandon these principles and try to excel in difficult areas, in addition to Smarting others and indulging in pleasures. The delinquent sub-culture theory has been used in recent studies in the United States, focusing on a new area of ​​child pornography by Chinese police.

Psychological Features: -

There are psychological explanations for rebellion as well, which can be better understood by Freudian's concepts of id, ego and super-ego. When the id becomes too strong, and the super-ego becomes weak the ego grows into a socialist. At a time when self-control and social control by key groups are weakening, young ones are developing an unhealthy tendency. The deterioration of social institutions is also linked to apostasy and rebellion. There is a strong link between teenage attitudes and rebellious tendencies. A study of female femates in Bangladesh has shown the highest incidence of mental disorders among female Juvenile Center offenders. These offenders also show high levels of abuse.


Biological features: -

Biological explanations suggest that humans are influenced by their genetic makeup. They are not exactly the captors of biological design. But it does give these people a tendency to go overboard. Hormonal changes in the body of young men are responsible for their rash and rebellious behavior. Environmental / environmental and economic boundaries also play an important role in children's lives. But it is often the combination of these factors that create the situation of youth crime.


3. Brief Evolution of Juvenile Justice Legislations in India :

Some authors have examined the origins and development of Juvenile Justice in India. Prior to the arrival of Britain in India, Children's actions were regulated under existing Hindu and Islamic Laws, where the appropriate families of the person concerned were obliged to monitor the actions of their children. In India, the need for new laws for children was felt under British rule. Other specified laws were passed between 1850 and 1919, such as the Apprentice Act, the Code of Criminal Procedure and the Reformatory School Act. Children between the ages of 7 and 12 are considered mature enough to understand the nature of their actions under certain circumstances. The Criminal Procedure Code of 1861 allowed separate cases of persons under the age of 15 and their treatment under change and not in prisons. Provision is also made for probationary offenses against new offenders. Such efforts have reflected the changing nature and state of affairs of the state to the perpetrators of juvenile delinquency, as well as a shift from punishment to reform philosophy. In 1986, the Central Government of India approved a moderate action, called the 1986 Child Justice Act. It was a social law aimed at caring for, protecting, treating and rehabilitating rebellious and neglected children. Consideration is also given to juvenile delinquency. It creates children's criminal courts and child welfare boards for non-offenders / neglected children.


4. Important Provisions under the Indian Juvenile Justice Act :

The Juvenile Justice Act, 2000 defines, Under Section 2 (I) defining a child in conflict with the law as a juvenile offender who is under the age of 18 on the day of the criminal commission. Under various Indian Laws, there is no consensus on the definition of a child, which creates confusion and difficulty with the legal treatment of children. Under Section 2 (d) of the same Act, there is another category of Children - “Children in Need of Care and Protection” referred to. These children are defined as those who are found to be homeless or homeless or living without a means of subsistence.


5. Need for Amendments in Juvenile Justice Act:-

The new Juvenile Justice Act of 2005 recognized the involvement of youth in serious crimes and issued certain amendments. Under the New Legal Terms, if a 16- to 18-year-old child is a Criminal / Severe Crime. Serious Offenses were not in India's private law, but could be considered a criminal offense that could include imprisonment for up to 7 years or more for adults. The bill introduced ideas from the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption 1993. It was enacted under the 2015 bill that the Juvenile Justice Board would decide whether a young perpetrator is 16 to 18 years old. age should be treated as an adult. Those young people who commit serious crimes such as murder and rape should be treated like adults. Therefore, children are trained to become responsible members of society. According to the Act, the Family plays a very important role in the care, maintenance and protection of children. The family is the basic and functional unit of society. The family keeps the children away from bad habits, such as drug abuse etc.


6. Conclusion :

The Juvenile Justice Act of 2016 can be seen as a major step forward for the Government of India in terms of adapting to changing child crime practices. The Verma Justice Committee decided to fight against the reduction of the age of children in conflict with the law. It was stated in the report that "Any attempt to reduce the age of adolescence, or to exclude certain children from seeing the Juvenile Justice Act 2000 on the basis of guilt and age, will violate the guarantees made under the Constitution and internationally. Instruments, United Nations Convention on the Rights of the Child. However, in considering the recent Juvenile Delinquency measures in India, in terms of age and the nature of the crimes committed, it seems that we need to review and amend our juvenile justice policy. 16 to 18. The US has made changes to the child justice policy, with a change from restitution to restitution measures.The same applies to the UK Here, a person under the age of 18 is usually tried by a juvenile court, but in extreme cases, this case try transferred to the Crown Court. The problem is exacerbated by the absence of other adults in the role of caregivers who are responsible for providing and assisting them in filtering information that comes to them through various sources. It must be borne in mind that the sub-system is part of a larger social system. Any change in all the big ones, i.e. the community needs a change in the components used or in the smaller systems. Therefore, when changes occur in the community at a rapid rate, the legal system must be in line with the public. The Youth Justice Act of 2015 has brought about these changes.


7. Suggestion :

Another suggestion can be made to address the issue of child abuse in India. Through the Government of India it has made a concerted effort to address these issues, and has taken decisive and bold steps in this regard, which requires effective measures towards implementation. It has been found that with various provisions of Juvenile Justice have been set out, they are being properly followed. For example, members of the Youth Justice Board should be trained in child psychology and should be sensitive to child-related issues, often unable to do well in this area. There are provisions for the Special Child Protection Unit at all police stations. In fact, these special units do not work. Therefore, where there are cases of child abuse or when neglected children are taken to the police, the police department cannot deal with the cases as expected. Police personnel are less sensitive to emerging issues. It is suggested that drastic measures be taken to make the effective implementation of the laws relating to the Juvenile Delinquency, so that we can address this issue in a holistic manner. It is also important to monitor the performance of Watch Homes and Shelters. These special areas for Juvenile / Children transformation are often the breeding grounds for other cases. The conditions for inmates in guard homes are not limited to serious cases. Public participation and awareness on issues related to child abuse are critical. It has been pointed out at the beginning of this paper that families are important advocates for social control and social cohesion. Families, as well as other key groups in society, can therefore be effectively involved in preventative measures. This article was based on theoretical research, but the author intends to take research on the level of data collection provided and provide the basis for rich data for further analysis of the Juvenile Delinquency problem.


BIBLIOGRAPHY:

  • www.lawlive.com

  • www.legalservice.com

  • https://grdspublishing.org/

  • https://www.ijims.com

  • The Indian Express

  • www.legaldictionary.com

  • https://www.thehindu.com

  • www.livemint.com

  • www.ndtv.com

  • www.hindustantimes.com


Name: Rahul Prajapat

Phone No.: 6378953589

Email I’d: prajapatrahul295@gmail.com



68 views2 comments

Recent Posts

See All

DOCTRINE OF LIS PENDENS

Introduction The Transfer of Property Act came into existence on 1st July, 1882. Section 52 of the act mentions about the doctrine of Lis Pendens which is titled as “Transfer of Property pending suit

LOK ADALATS UNDER LEGAL SERVICES AUTHORITY ACT

Legal Aid Scheme was first introduced by Justice P. N. Bhagwati under Legal Aid Committee formed in 1971. The Legal Services Authorities Act was enacted to constitute legal services authorities for pr

Intellectual Property Rights in India

Introduction Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognised, and the corresponding fields of law. I