Published On: 22nd November, 2024
Authored By: Aarti Ashok Sharma
MKES College of Law
ABSTRACT
Juvenile Delinquency has become a growing concern in many societies, with an alarming rise in youth involvement in criminal activities over recent decades. This article explores the contributing factors to this trend, including family dynamics, education, and biological factors. It also examines the impact of substance abuse, poverty, changing patterns of lifestyle, etc.
Through a review of current statistics, the article aims to highlight the need for a holistic approach to prevention, intervention, and rehabilitation stressing the importance of community involvement and educational reform that address the root causes of Juvenile delinquency.
INTRODUCTION
Juvenile crime, often referred to as juvenile delinquency, is one of India’s most serious social issues. The term “juvenile delinquents” or “children in conflict with the law” denotes individuals under the age of 18 who come into contact with the justice system due to alleged criminal activities. Various factors, such as parental alcoholism, poverty, family breakdowns, and abusive home conditions, contribute to their involvement in crimes.
This issue transcends borders, affects societies globally, and is recognized as a social evil hindering youth potential. Understanding the root causes of juvenile delinquency is critical to preventing its occurrence and intervening effectively. The Indian Juvenile Justice System is guided by the Juvenile Justice (Care and Protection of Children) Act, 2015, which emphasizes care and rehabilitation over punishment. However, the implementation of this progressive legislation varies significantly across states, leading to disparities in juvenile treatment and rehabilitation.
Despite these progressive legal frameworks implementation remains inconsistent across various States and Territories, leading to disparities in Juvenile treatment and rehabilitation.
REASONS FOR THE RISE IN JUVENILE CRIMES
In the past few decades, there has consistently been a rise in the crimes committed by juveniles. These offences include a range of serious transgressions including theft, rape, murder, causing bodily harm, and many more. There can be several causes for the criminal behaviour of children. Generally, these factors contribute to the juvenile delinquency. Some of the factors are:-
- Family Problems:-
Family is the first place wherein a toddler spends their maximum time and is attached to the people in the family. Children commonly learn from what they observe around them. If there are continuous fights in their own family, it will have an effect on the child’s growth and improvement mentally, physically, and emotionally which contributes to the development of criminal behavior in many cases.
- Changing patterns in lifestyle:-
This is another reason for criminal behaviour in children. They are faced mostly with the issue of the generation gap because of which they detach themselves and are incapable of distinguishing between what is right and what is wrong. Apparently, they are misguided and then end up choosing the wrong path.
- Biological factors:-
Factors such as lack of understanding, low intelligence, etc also lead to delinquent behavior among juveniles. The parents, teachers, and elders play a significant role in educating their children about the biological differences between a male and a female and they should answer their other questions as to biological processes and consequences of any illegal act.
- Poverty:-
If a child is not provided with the basic necessities of life, there are high chance that the child may get involved in delinquent acts to get those necessities. When the child does not get basic amenities like food, shelter, and clothing this forces them to earn money by any means to fulfill their needs and desires.
- Substance Abuse:-
Being exposed to substances leads to dependence over time, and these individuals end up committing crimes that they wouldn’t have thought about doing. In such cases, children need counseling and rehabilitation to help them regain their sense of worth and self-esteem.
- Mental Health Risk Factors:-
Juvenile delinquency is also thought to be influenced by a number of mental health issues. However, it’s crucial to remember that a child cannot be diagnosed with any of the following mental health conditions: personality disorders, in particular. Nonetheless, these illnesses can have childhood origins that eventually manifest as delinquent behavior. Conduct disorder is a prevalent one. Disregarding social standards and a lack of empathy are characteristics of conduct disorder.
These are some of the several factors that contribute to the delinquent behaviour of children. Other factors such as child labor, traumatic experiences, illiteracy, unsoundness of mind, etc are also responsible for such behavior.
TRENDS IN JUVENILE DELINQUENCY IN INDIA
According to NCRB( National Crime Record Bureau), there has been a consistent upward trend in the occurrence of various criminal activities committed by individuals classified as juveniles.
As per the analysis of NCRB reports:-
- A total of 30,555 crimes were committed by minors in 2022 in the country; Delhi ranks 6th on the list with more than 2,340 cases against minors. In 2020, more than 2,643 cases were reported against minors.
- Between 2013 and 2022, India has reported a total of 3,40,168 crimes by juveniles. During this period, 13 states have each recorded over 10,000 cases whereas 25 States and Union Territories have reported fewer than 10,000 cases each. Notably, the North Eastern States of Meghalaya, Andhra Pradesh, Mizoram, Manipur, and Nagaland have each reported fewer than 1,000 cases. Assam is the only State among these with a higher count of 3,397 cases.
- The Central and Western States of Madhya Pradesh and Maharashtra have reported 59,372 and 55,852 cases and Tamil Nadu with 24,301 cases ranking among the top 5 States occupying 1st, 3rd, and 5th
These statistics indicate that the States of Madhya Pradesh, Maharashtra, and Tamil Nadu stand among the top 5 States in the number of crimes committed by juveniles.
CASES OF JUVENILE DELINQUENCY IN INDIA
PUNE PORSCHE CASE (2015)
The recent “Pune Porsche” case is a high-profile case involving a drunk 17-year-old boy who crashed a luxury car and killed two people in Pune, India in May 2024. It involved several issues such as rash and negligent driving, drunk driving, and hiding evidence.
The Bombay High Court ordered the release of the minor from the observation home, ruling that he should be treated separately from adults. The Court said that it was bound by law and the Juvenile Justice Act and that it must treat the minor as any child in conflict with the law.
The Juvenile Justice Board, within 15 hrs of the crash, granted bail to the boy and also ordered him to write a 300-word essay on the effects of road accidents.
NIRBHAYA CASE: DECEMBER 16, 2012:
This case shocked the nation, where a juvenile involved in a brutal gang rape served only three years in a reform home due to his age. It sparked debates on lowering the juvenile age for heinous crimes.
NARAYAN CHETANRAM CHOUDHARY V. STATE OF MAHARASHTRA (2023)
Facts:- The appellant, in this case, filed an application for claiming the plea of juvenility that at the time of the commission of the offence, he was a juvenile. The appellant was convinced that 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 could not be awarded the death penalty.
Issues:- Whether the claim of juvenility, in this case, be accepted or not.
Judgment:- The Hon’ble Supreme Court, in this case, observed that the convict was already in prison for more than 28 years. He had experienced significant restrictions and challenges while incarcerated. Even locating his school diploma to prove his age for the juvenile defense would have been challenging. The court also noted that his age on the school certificate was 12 years old, indicating that he was a minor at the time of the offense. For this reason, the court accepted the certificate in order to calculate his age. According to the Juvenile Justice (Care and Protection of Children) Act, 2015, no minor can be given the death penalty, so the court in this case decided that since he had previously been arrested and served time in prison, the lower court had issued the death penalty order. The court was declared invalid.
SOLUTIONS TO PREVENT JUVENILE CRIMES
In order to eradicate juvenile Delinquency, efforts from the whole society are essential. We should create awareness among young children and teach them what is right and wrong. Family, teachers, and the environment in which they live all play a significant role in a child’s life and have a major impact on the life of the child. Some of the other ways to prevent the rise in juvenile crimes are:-
- Education and vocational training: Provide access to quality education and vocational training to help young people break the cycle of poverty and crime. Educating and creating awareness among the parents as to how they should behave with their children and how their behavior will leave an impact on the children.
- Encouraging Parent-Child interaction:- Encouraging Parent-Child interaction by conducting programs about parenting skills, the importance of healthy discussions, etc.
- Community Involvement: Create a supportive environment for at-risk youth through mentoring programs, community service projects, and after-school activities.
- Cognitive behavioral therapy (CBT): A therapeutic approach that can help people identify and change dysfunctional beliefs, thoughts, and patterns that contribute to problem behaviors.
- Conducting Recreational programs:- giving opportunities to the children to connect with other children and adults.
- Juvenile justice system: Focus on rehabilitation rather than punishment. Putting efforts towards making the Juvenile Justice System robust in India so defining specific punishments for specific crimes committed by juveniles.
Consequences of Juvenile Delinquency
1. Legal Consequences
Juveniles face penalties such as fines, probation, or imprisonment depending on the crime’s severity.
2. Psychological Consequences
Criminal behavior can lead to guilt, shame, and low self-esteem, affecting their ability to reintegrate into society.
3. Social Consequences
Family reputation, societal stigma, and difficulties in rehabilitation are common outcomes for young offenders.
CONCLUSION
Every country in the World is dealing with the issue of juvenile delinquency at some point in time. However, the problem of juvenile crimes is much higher in developing countries. Because in a developing nation, there will be many factors that can have an effect on the growth and development of the child.
Even while India’s juvenile justice system faces many obstacles, there are also many chances for major progress through creative changes and neighborhood-based projects. Legal reforms are very essential and should aim for consistency and fairness in the application of juvenile laws across the country. Strengthening the legal framework involves not only revising existing policies but also ensuring that the personnel involved from police officers to judiciary members are well-trained in the cases of juvenile justice.
Community involvement is equally important. The engagement of local communities in the rehabilitation process and prevention programs has proven effective in several areas and should be expanded. Communities have the unique ability to offer a supportive environment for reintegration and to assist in monitoring and mentoring youths post-rehabilitation. Moreover enhancing rehabilitation facilities and services is essential to ensure that these young individuals receive the education, skills training, and emotional support necessary to reintegrate into society successfully.
REFERENCES
- EXPRESS NEWS SERVICE; Juvenile Crime rate highest in Delhi last year: NCRB data; available on- https://indianexpress.com/article/cities/delhi/juvenile-crime-rate-highest-in-delhi-last-year-ncrb-data-9056140/ ( Last visited on:- 10th October 2024)
- PRAKASH HAVERIPET; Causes and Consequences of Juvenile Delinquency in India;available on – https://bureau-client-media.ams3.digitaloceanspaces.com/street-children-website-TJ5d7s/wp-content/uploads/2019/11/15135044/Haveripet-2013.pdf ( Last visited on:- 10th October 2024)
- SURESH DIPALA : Data: NCRB Data indicates that crimes committed by juveniles down 30% between 2013 & 2022; available at- https://factly.in/data-ncrb-data-indicates-that-crimes-committed-by-juveniles-down-30-between-2013-2022/ ( Last Visited on:- 10th October 2024)