TITLE – JUVENILE DELINQUENCY

CRIMINOLOGY

NAME – MOHD. AYAZ

YEAR – 3rdYEAR
 ACKNOWLEDGEMENT
Firstly, I would like to thank the most respected Dean, Ma’am Nuzhat Parveen Khan to provide
this opportunity to me. Further I would like to thank my subject teacher Rasheed Sir for the
subject Criminology who gave me this golden opportunity to research on the Self-selected topic
– “Juvenile Delinquency”. This assignment work assigned to me has proved to be very fruitful
in acquiring a deep understanding and knowledge regarding the topic. I have come across many
subtleties regarding the topic and got to learn many new things.

Finally, I would like to thank my Parents and two of my friends, who always supported and
promoted my interest without whose constant support and blessings this assignment would not
have been completed.
Contents
INTRODUCTION ....................................................................................................................................... 3

JUVENILE DELINQUENCY ......................................................................................................................... 4

DEFINITION AND NATURE ................................................................................................................... 4

CLASSIFICATION OF JUVENILE DELINQUENCY ........................................................................................ 7

RISK FACTORS AND PREDICTORS OF JUVENILE DELINQUENCY ............................................................ 10

PREVENTING JUVENILE DELINQUENCY ................................................................................................. 11

JUVENILE DELINQUENCY STATISTICS .................................................................................................... 11

JUVENILE JUSTICE IN INDIA ................................................................................................................... 12

DEFINITION OF JUVENILE- IN INDIA .................................................................................................. 12

Statement of the Problem and Need for the Study .......................................................................... 12
Legislation ......................................................................................................................................... 13
PASSING OF BILL: .............................................................................................................................. 14
IMPLICATIONS OF PASSING OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015:
.............................................................................................................................................................. 14

What possible penalties and punishments can be given by the JJB? ................................................... 15

CRITICISM: ............................................................................................................................................. 16

Bibliography ......................................................................................................................................... 17
INTRODUCTION
Children in India, because of their sheer numbers, ought to have been the subject of prime
focus of development planning, research, and welfare in India but it has not been so. Despite
the constitution’s vision of a healthy and happy child—protected against abuse and
exploitation, and a National Policy for Children—the majority of children in India continue to
live without a childhood. The juvenile justice system (hereafter referred to as JJS), as
conceived by legislation, aims at providing care, protection, treatment development, and
rehabilitation of delinquent and neglected juveniles. But the care and services provided to
them have been criticized as being insufficient and sub-standard.

The concept of juvenile justice was derived from a belief that the problems of juvenile
delinquency and youth in abnormal situations are not amenable to resolution within the
framework of the traditional processes of criminal law. The JJS, therefore, is not designed to
respond to the needs of young offenders only. One principal role of the JJS has been to
provide specialized and preventive treatment services for children and young persons as
means of secondary prevention, rehabilitation, and improved socialization. During the
Seventh UN Congress on the Prevention of Crime and the Treatment of Offenders, three
approaches to juvenile justice were identified, namely, the due process model, the welfare or
parens patriae model, and the participatory model. The due process model places justice for
juvenile in the protection of substantive and procedural rights of young persons involved with
legal processes. The welfare or parens patriae model considers juvenile justice primarily in
terms of interventions that foster the economic and social well-being of young persons in
contact with the legal system. And the participatory model views juvenile justice as requiring
the active participation of the community in containing the harmful behaviour of young
persons, the integration of marginalized youth or young offenders into the mainstream of
social life, and the minimization of formal legal intervention.

Subsequent analyses have shown that juvenile justice models in different countries have
combined the characteristics of these models to evolve models to suit their own needs.
Winterdyk, after comparing the general features, key personnel, key agencies, tasks,
understanding of client behavior, purpose of intervention, and objectives of the JJS of many
countries, has drawn the continuum of six juvenile justice models, namely, participatory,
welfare, corporatism, modified justice, justice, and crime control. Like most of the other
juvenile justice systems, the JJS in India too cannot be described entirely in terms of one of
these models but rather in terms of a combination of them, with features from the welfare,
modified justice, justice and crime control models. As in the crime control and justice
models, the law in relation to delinquent children in India focuses on their criminal offences;
and police, lawyers, and judges are the prime actors. There is possibility of punishment also,
even though only in exceptional circumstances. For children in need of care, the law is closer
to the welfare and modified justice models, the law in relation to delinquent focuses on their
criminal offences; and police, lawyers, and judges are the prime actors. There is possibility of
punishment also, even though only in exceptional circumstances. For children in need of care,
the law is closer to the welfare and modified justice models, allowing comparatively more but
not complete informality in processes, doing away with lawyers and judicial officers and
involving childcare experts focusing on their development, growth, and social reintegration.

JUVENILE DELINQUENCY
DEFINITION AND NATURE
Juvenile delinquency, also known as "juvenile offending", is participation in illegal behaviour
by minors (juveniles, i.e. individuals younger than the statutory age of majority). A juvenile
delinquent in the United States is a person who is typically below 18 years of age and
commits an act that otherwise would have been charged as a crime if they were an adult.
Depending on the type and severity of the offense committed, it is possible for people under
18 to be charged and treated as adults.

In recent years, a higher proportion of youth have experienced arrests by their early 20s than
in the past, although some scholars have concluded this may reflect more aggressive criminal
justice and zero-tolerance policies rather than changes in youth behaviour. Juvenile crimes
can range from status offenses (such as underage smoking), to property crimes and violent
crimes. Youth violence rates in the United States have dropped to approximately 12% of peak
rates in 1993 according to official US government statistics, suggesting that most juvenile
offending is non-violent.

However, juvenile offending can be considered to be normative adolescent behaviour. This is

because most teens tend to offend by committing non-violent crimes, only once or a few
times, and only during adolescence. Repeated and/or violent offending is likely to lead to
later and more violent offenses. When this happens, the offender often displayed antisocial
behaviour even before reaching adolescence.

The term “juvenile justice” has been given different meanings in different contexts. It has
been variously used to refer to the juvenile court, the institutional linchpin of the innovation,
and to a stream of affiliated institutions that carry responsibilities for control and
rehabilitation of the young, including the police, the juvenile court itself, prosecuting and
defence attorneys, juvenile detention centres, and juvenile correctional facilities.3 In its wider
perspective it includes provisions for the welfare and well-being of all children in need of
care and protection, while the formal system of juvenile justice actually deals with those who
are already in conflict with law or are likely to be so, for various reasons. It also implies
fairness and justice towards juveniles in the political, social, and economic spheres. In
criminological literature, juvenile justice connotes justice to the delinquent or near-delinquent
child in various stages of the formal process such as arrest and apprehension adjudication,
sentencing, custodial care and detention, and aftercare.

The term “juvenile justice” was sought to be clarified for the sixth UN Congress on the
Prevention of Crime and the Treatment of Offenders in view of the different interpretations
made of it during the preparatory meetings. The working paper stated that:

Juvenile justice after the onset of delinquency referred to justice in its normal juridical sense
and that juvenile justice before the onset of delinquency referred of social justice. Thus, the
concept of social justices was to be seen as relevant to the development of children and young
persons, generally and to endangered children particularly, while the concept of juvenile
justice applied to accused or adjudicated young offenders. The two were closely related but
could be separated for purposes of discussion and training.

The term Juvenile Justice is, therefore, used to refer to social as well as juridical justice. India
seeks to provide social and juridical justice to neglected and delinquent children through the
use of code, constable, court, and residential institutions for both categories of children, those
committing an offence and others living in circumstances likely to lead them into a life of
crime. The legislation incorporating the JJS has been making provisions for the care,
protection, treatment, development, and rehabilitation of neglected or delinquent juveniles,
and for the adjudication of certain matters relating to and disposition of delinquent juveniles.
Their provisions govern the relationship between children and the police, adjudicatory
bodies, correctional homes, probation services, community participation and after care
programmes.

Prescribing different treatment for juvenile offenders is an offshoot of the new penology,
which came to be applied with the realization the Courts. Erstwhile system exposed
delinquents to contamination due to incarceration with other criminals. The nation’s future
citizens deserve compassion and best care. A child is absolutely born innocent but certain
social and environmental factors in a negative aspect diverge their minds towards criminal
tendencies, whose removal might mould them into a person of stature and excellence.

We all know that Children are the assets and wealth of any nation. A healthy environment
should be provided to all children so that they become civilized citizens who are physically
fit, socially active and mentally conscious, equipped with all skills and active participation
required by the society. For reducing inequality and ensuring social justice an equal
opportunity for development to all children should be given, which consecutively would
work as an effective measure to prevent children from becoming delinquent in any society.
There is a general attitude towards children to behave obediently, show respect towards
others and imbibe behaviour having high moral values but due to various circumstances
children are being diverted from social and general command.

Recently, juvenile delinquency has become an important aspect of criminology. Juveniles

have got serious forms of delinquent behaviour which may hamper the stability and social
command of our society. The deviant behaviour of the juveniles has created social disorder
and destruction of moral values which is creating an alarming position in organized society.
The word “delinquency” has its origin from the Latin word “delinquere” which meaning de
i.e. “away and linquere” i.e. “to leave thus, mean by to leave or to abandon”. Initially, the
word was having primarily meaning and applied to those parents who have abandoned and
neglected their children. Now days, it is applicable on all those children who are involved in
illegal and harmful activities.
CLASSIFICATION OF JUVENILE DELINQUENCY
We cannot easily evaluate the extent of the problem in any part of the country till we do not
have the exact data and the data recorded also does not indicate the true extent of the problem
because majority of such delinquent acts go unnoticed or unreported in our records. It has
also been stated that delinquency rates are also higher in all developed countries. Various
classifications of the juvenile delinquency have been enumerated by various authors. The
following important classifications are listed below. Hirsh characterize the various kinds of
juvenile crimes/offences:

(i) Out of the home in late nights, disrespect of parents, and so on.
(ii) Absentee, either from home or school.
(iii) Damage done to both public and private property.
(iv) Violence created in the society by using any means such as knives and guns.
(v) Sex offenses and activity like criminal assault and rape.

Eaton and Polk classify the delinquents by the various kinds of offences such as:

i) Traffic violations which include driving without license, drunk driving and any
other such offence.
ii) Automobile theft, uncontrollable behaviour and some minor traffic violations.
iii) Human addiction such as alcohol and drug addiction.
iv) Violations related to property which includes all property thefts.
v) Bodily hurt which includes homicide offenses that involve sexual deviation; such
as rape and all other acts of violence against a person.

Kvaraceus classify juvenile who become delinquent in relation to three major variables:

i) The individual social class.

ii) The degree of comprehensible emotional pathology.
iii) The extent to which the offenders engage themselves in delinquent behaviour.

Sellin and Wolfgang classified the delinquent behaviour into two classes on the basis of kinds
of offence.
Under the class one list they included:

i) Damages to property;
ii) Theft of property; and
iii) Physical and bodily injuries.

Under the class second, they include:

a) Coercion.
b) Property loss and property damage threatened.
c) Victimization committed against any person.
d) Victimization committed against a commercial establishment.
e) Victimization which involve two individuals such as rape.
f) No victimization which includes truancy.

Ferdinand presented two categories of juvenile offenders:

(1) Neurotic Offenders:

Neurotic offender delinquency is due to influential unconscious impulses which
often produces guilt and motivates them to indulge into delinquent activities in their
society. For example, sometime stealing is done to fulfil their partners wishes and
not for personal material gain. To these delinquents, their internal problems should
be handled by externalizing the problem within the surroundings.
(2) Character Disorder Offenders:
This category of offenders often feels very guilty and regret when they commit petty
criminal acts. Because there is lack of positive identification models in their
surroundings, they failed to develop willpower and do what they want to do when
they get the chance of doing it. They are incapable to control their impulses in a
socially acceptable manner. These delinquent belongs to disorganized families and
they have got inhospitable environment in their early days. These delinquent are
self-centered and feel to be unapproachable and they also feel difficulty in making
meaningful relationships.

Trojanovicz classified juvenile offenders in the following five categories:

a) Gang Organized Delinquency:

According to this classification youngster formed groups and do their illegal activities
within a group. These juveniles often suffer from the frustration of inability to achieve
 goals of middle class and come from backward areas and often express themselves
and try to achieve their objectives through their gang.
b) Unsocialised Delinquents:
Delinquents classified in that category would have criminal records and generally
come from the homes where they were neglected and rejected. Families of these
children are prone to physical violence. They had seen hate and aggression within
the homes and families; it often transmitted to the theses children and by the time
they become very aggressive. These delinquents do not be taught how to control
their impulses in a socially acceptable manner.
c) Accidental Delinquency
In this category delinquents would be one who is law-abiding most of the time but
who has a lapse of judgment. They involve himself accidently in a delinquent
activity. These delinquent are a problem to any one because their delinquent
behaviour comes to an end when he realizes what he has done or when they have
been caught in the delinquent activity.
d) Occasional Offender
The occasional offender/delinquent is parallel to the accidental delinquent in that
they indulge in minor offenses but they are not habitual.
e) Professional Delinquency
In this category delinquent usually steals things for getting some profits. They have
done stealing for economic gain and to satisfy their desire.
RISK FACTORS AND PREDICTORS OF JUVENILE DELINQUENCY
Many children garner the label of juvenile delinquent early, often between the ages of 6 and
12 years. Many juvenile behaviours during the pre-teen and teenage years may be considered
normal behaviour for children, as they stretch their boundaries, and struggle to develop their
self-perception. There are, however, certain signs that a child might be headed in a bad
direction.

Predictors of juvenile delinquencies may appear as early as preschool, and often include:

 Abnormal or slow development of basic skills, such as speech and language

 Chronic violation of the rules
 Serious aggressive behavior toward other students or teachers

Studies have found that a number of life circumstances constitute risk factors for a child to
become a juvenile delinquent. While these are many and varied, the most common risk
factors for juvenile delinquency include:

1) Authoritarian Parenting – characterized by the use of harsh disciplinary methods,

and refusal to justify disciplinary actions, other than by saying “because I said so.”
2) Peer Association – usually resulting from leaving adolescents unsupervised,
encouraging a child to engage in bad behaviours when acting with his peer group.
3) Low Socioeconomic Status
4) Poor School Performance
5) Permissive Parenting – characterized by lack of consequences for bad behaviour,
permissive parenting can be broken down into two subcategories:
(i) neglectful parenting, which is a lack of monitoring a child’s activities, and
(ii) indulgent parenting, which is the enablement of bad behaviour
6) Peer Rejection
7) ADHD and other mental disorders.
PREVENTING JUVENILE DELINQUENCY
Prevention of juvenile delinquency serves at-risk youths, their families, and the public, as it
can put a stop to the transition of juvenile offenders to adult offenders. Prevention services
are offered by a number of government and private agencies, and include such services as:

 Substance Abuse Treatment

 Family Counseling
 Individual Counseling
 Parenting Education
 Family Planning Services

The availability of education, and encouragement of minors in obtaining an education, plays

a large role in prevention of juvenile delinquency. This is because education promotes social
cohesion, and helps children of all ages learn to make good choices, and to practice self-
control.

The Office of Juvenile Justice and Delinquency Prevention (“OJJDP”) is just one agency that
sinks resources into researching juvenile delinquency, and providing both prevention and
rehabilitation programs. The agency also works toward reducing under-age substance abuse,
and gang influence on minors.

JUVENILE DELINQUENCY STATISTICS

Many organizations, including the OJJDP, study juvenile delinquency, and report compiled
data in order to learn what contributes to the issue of juvenile delinquency. Some of the latest
juvenile delinquency statistics include:

 In 2012, police arrested 182 violent juvenile offenders for every 100,000 juveniles.
 The peak age for offending falls between 15 and 19 years of age.
 52% to 57% of juvenile offenders continue offending into their mid-20s.
 By age 30, only 16% to 19% of juvenile delinquents continue to offend
 If a juvenile starts offending before the age of 12, he is more likely to continue
offending into adulthood
 The average onset of gang involvement is 16 years of age.
 The average onset of drug use is 16 to 17 years of age
JUVENILE JUSTICE IN INDIA

DEFINITION OF JUVENILE- IN INDIA:

In India, before passing of the Children Act, 1960 there was no consistency regarding age
limit of juvenile delinquent. Bombay Children Act 1948 defined “Child” – “means a boy
who has not completed the age of 16 years or girl who has not completed the age of 18
years”. The U.P. Children Act defined “Child” – “as a person under the age of 16 years”.
Under the A.P. Children Act 1920 “Child” means “a person under 14 years and when used to
reference to sent to certified school applies to that child during while period of detention
notwithstanding that the child attains the age of 14 years before expiration of that period”.
The Saurashtra and West Bengal defines “a Child as a person who has not attained the age of
18 years”. Haryana Children Act has also maintained this difference in defining “child as a
boy who has not attained the age of 16 years and a girl who has not attained age of 18
years”. Juvenile Justice Act, 1986 defines “a juvenile or child, who in case of a boy has not
completed age of 16 years and in case of a girl 18 years of age”. Government of India while
discharging its international obligations revoked the JJA Act, 1986 by 2000 Act and the
distinction regarding the age between male and female juveniles was done away. According
to the new law, age of juvenile for both male and female involved in conflict with law has
been fixed at 18 years. A juvenile in conflict with law under the JJ (C & P) Act, 2000 is “a
juvenile who is alleged to have committed an offence but has not completed 18 years of age
on the date of commission of said offence”. And under the Juvenile Justice (Care and
Protection) Act 2015 juvenile defined under section 2, “juvenile means a child below the age
of eighteen years”.

Statement of the Problem and Need for the Study

Children are extraordinary important asset for any country more so in India. It has been
estimated that these about 42 per cent children in the total population in India for various
reasons children are neglected and have become vulnerable. Poverty, neglect, ill-treatment,
and family discord are forcing an increasing number of children to run away from home and
take shelter on the streets. The government of India has mentioned the number of children
living on the streets as 50 lacs in 1998. Earlier studies had put the number of floating street
children at 3.8 crore, others estimated it to be 5 crores. No studies have been conducted on
the forms of victimization of children or children or their numbers. However, there is enough
evidence to show that children are subjected to violence, abuse, and neglect by society, by
employers, and even by their own parents. According to Asha Das, joint secretary in the
ministry of welfare, Government of India, in 1990, at least one-third of the 27.2crore child
population (1981 census) needed critical intervention to prevent them from falling prey to
various forms of delinquency, abuse, and abandonment. A 1991 survey in six metropolitan
cities of India indicated that the population of women and child victims of commercial
sexual exploitation would be between 70,000 and one lakh. It also revealed that about 30 per
cent of them were below 18 years of age and nearly 40 per cent of them were inducted when
they less than 18 years of age. Likewise other problems relating to children include
malnutrition and exploitation of children in the term of child labour. India has the largest
number of working children in world. According to the 1981 censes, there were 1.45 crore
child workers, that is, 5.5 per cent of the total population. The participation rate in the rural
areas was 6.3 per cent and 2.5 per cent in the urban areas. It was estimated that in rural areas
children worked, on an average, 211 days a year while men and women worked 277 and 156
days respectively. Estimates of the number of child labourers vary, depending on what is
classified as child labour. The government of India furnished the following statistics to the
UN Committee on Rights of the Child.

Legislation
The first act in India concerning the children was brought to existence during the British rule
in 1850 known as the Apprentice Act. Later the Reformatory Schools Act, 1897 came into
existence. After that in 1960 the Children’s Act, which was implemented by various states,
was centralized. To remove various deficiencies in the Act, a Children (Amendment) Act.
1978 was passed. The Juvenile Justice Act 1986 was passed by India in 22nd August, 1986.
Later, this Act was repealed after India signed and ratified the Child Rights Convention 1989
in year 1992 and a new act was passed. This act came to be known as Juvenile Justice Act,
2000, amended in 2006 & 2010.

Juvenile Justice (Care and Protection of Children) Act, 2015 passed by Parliament of India,
came into force from 15 January 2016. It aims to replace the existing Indian juvenile
delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000, so that
juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, can
be tried as adults.
It was passed on 7 May 2015 by the Lok Sabha amid intense protest by several Members
of Parliament. It was passed on 22 December 2015 by the Rajya Sabha.
PASSING OF BILL:

The bill allowed a Juvenile Justice Board, which would include psychologists and
sociologists, to decide whether a juvenile criminal in the age group of 16–18 should tried as
an adult or not. The bill introduced concepts from the Hague Convention on Protection of
Children and Cooperation in Respect of Inter-Country Adoption, 1993 which were missing
in the previous act. The bill also sought to make the adoption process of orphaned,
abandoned and surrendered children more streamlined.
The bill introduced foster care in India. Families will sign up for foster care and abandoned,
orphaned children, or those in conflict with the law will be sent to them. Such families will be
monitored and shall receive financial aid from the state. In adoption, disabled children and
children who are physically and financially incapable will be given priority. Parents giving
up their child for adoption will get 3 months to reconsider, compared to the earlier provision
of 1 month.
A person giving alcohol or drugs to a child shall be punished with 7 years imprison
and/or ₹100,000 fine. Corporal punishment will be punishable by ₹50,000 or 3 years of
imprisonment. A person selling a child will be fined with ₹100,000 and imprisoned for 5
years.
One of the most criticized step in the new JJ Bill 2015 is introduction of "Judicial Waiver
System" which allows treatment of juveniles, in certain conditions, in the adult criminal
justice system and to punish them as adults. This is for the first time in India's history that
such a provision has been prescribed. Given to the severe criticism, Bill was referred to a
Standing Committee of Parliament which also rejected such provisions. Since
recommendations of Parliament's Standing Committee are not binding, Government has
moved ahead and introduced the Bill in Lok Sabha, where it stands passed.
Bill is also criticized for prescribing an opaque Age Determination System and its poor
draft. The bill now stands Passed in Rajya-Sabha on Tuesday 22 December 2015, after
the Nirbhaya case accused juvenile was released.

IMPLICATIONS OF PASSING OF JUVENILE JUSTICE (CARE AND

PROTECTION OF CHILDREN) ACT, 2015:
There is a separate legal framework for children accused of committing crimes. The Juvenile
Justice (Care and Protection of Children) Act, 2015 applies whenever the person accused of
committing a crime is a child. It also applies to vulnerable children who need the
government to take care of them (even if it's for a short while). For such children who need
help with getting a better and fulfilling life, the law provides for a number of mechanisms
(including adoption, sponsorship and foster care).
Normally, if a person is accused or arrested or detained in India, the regular criminal
procedure under the Code of Criminal Procedure Code 1973 applies. An accused person can
be kept in custody for months. The code also explains how persons would face trial to
decide guilt or innocence.
The JJ Act ensures that such harsh procedures do not apply to children. So, for Children in
Conflict with Law, it has created an alternate, more lenient and child-friendly setup.
The setup is largely controlled by the Juvenile Justice Board, and ensures that children are
not kept together in regular jails with regular offenders. It also ensures children are re-
integrated into society after having completed the terms of their punishment.

What possible penalties and punishments can be given by the JJB?

The JJ Act lists the following possible punishments that can be awarded by the JJB for Petty
Offences and Serious Offences:
 Giving the child a firm warning, letting the child go home while simultaneously
counselling the parents;
 Ordering the child to attend group counselling sessions;
 Ordering the child to perform supervised community service;
 Ordering the parents or guardians to pay fine.
 Releasing the child on probation- The parents or guardians will have to execute a
bond (up to 3 years) which may include surety and be responsible for the child’s
behaviour. The responsibility can be handed over to a ‘fit person’ or a fit facility’
which is a recognized institution or a government organization or NGO which is
prepared to accept the child’s responsibility.
 Sending the child to a special home for upto 3 years.
If, the JJB thinks that keeping the child in the Special Home would be against his best
interests, or other children in that home, then the child could be sent to a Place of Safety. Do
not forget that the JJ Act follows a principle of institutionalization as last resort, meaning
that these penalties are supposed to be highly exceptional.

The JJB may also pass orders directing the child to attend school or vocational training,
or preventing the child from going to a specified place.

CRITICISM:
During the debate in the Lok Sabha in May 2015, Shashi Tharoor, an INC Member the
Parliament (MP), argued that the law was in contradiction with international standards and
that most children who break the law come from poor and illiterate families. He said that

they should be educated instead of being punished.20

Child Rights Activists and Women Rights Activists have called the bill a regressive step and
have criticized the Bill. Many experts and activists viewed post December 2012 Delhi Gang
Rape responses as creation of media sensationalisation of the issue, and cautioned against
any regressive move to disturb the momentum of Juvenile Justice Legislation in the Country.
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