Prof. Mohd. Ashraf Department of Law AMU

Study Material

Criminology II

LLM IV SEMESTER

Unit-3

1. Juvenile Delinquency in India: Nature, Definition and Causes

2. Competent Authorities and Juvenile Institutions

3. Police and Juvenile Delinquents Rehabilitation of Juvenile Delinquents, Appeals,

Procedure etc.

Juvenile delinquency is the criminal activity charged by a person who is under the age of 18

years. In recent period these criminal activities are increasing rapidly due to many reasons and

circumstance. In most of the place’s juveniles charged with serious crimes, such as robbery or

murder which are transferred to criminal courts and tried as an adult. Sometimes prosecutors

make this decision, or sometimes allow transfers require a hearing to consider the age and

record of the juvenile, the type of crime, and the likelihood that the youth can be helped by the

juvenile court. As a result of a get-tough attitude involving juvenile crime, many counties have

revised their juvenile codes to make it easier to transfer youthful offenders to adult court.

In very simple words, juvenile delinquency is the participation in illegal activities by minors.

A juvenile delinquent is a person who is typically under the age of 18 and commits an act that

otherwise would have been charged and tried as adults. So it is quite clear that juvenile

delinquency is also a part of all those behavioural change that occurs in a person’s life while

passing the stormy phase of adolescence, though it is not found in every adolescent. The degree

of delinquency varies from one to another and it remain unnoticed unless and until the

particular act becomes the concern of the society. Since adolescence is the transitional period

of life, during this phase one passes through rapid revolutionary changes in one’s physical,

mental, moral, spiritual, sex and social outlook. They become emotionally unstable and

frequent mood change is observed. It is the period of anxieties, worries, conflicts and

complexities. Therefore, during this period, they do certain things in order to satisfy one need

or the other which often lead them to become delinquent.

Delinquent children belong to that category of exceptional children who exhibit considerable

deviation in terms of their social adjustment and are consequently also labelled as socially

deviant or social handicapped. They display criminal behaviour and are punishable under legal

procedure. Violation of social norms and values threaten the peace of the society, and are

therefore considered as criminal acts. The nature and kind of the crime may range from very

mild to severe, however, they are all antisocial, and hence are subjected to legal criminal acts.

In this sense, they are very much like criminals and antisocial elements. In legal terminology,

however, they are referred to as delinquents and not as criminals. On whole, juvenile

delinquency is a legal term which denotes act of varying degrees of social consequences from

mere naughtiness to major assault punishable by law.

WHO IS JUVENILE?

A juvenile is a person who is under the age of 18. The age limit below which it should not be

permitted to deprive the child of his or her liberty should be determined by the law. Juvenile

Prof. Mohd. Ashraf Department of Law AMU can be defined as the child who has not attained a age at which he, like an adult under the law,

can be held liable for his criminal activities. The juvenile is the child who is alleged to have

committed some act or omission on the part of the child declared as a crime. Juvenile and minor

in legal terms are used in a different context. The word Juvenile is used when reference is made

to the young criminal offenders and the word minor relates to legal capacity or majority. To

make the meaning clearer resort can profitably by made to some other source. The concept of

the juvenile varies from State of State for convenience.

WHAT IS JUVENILE DELINQUENCY

Juvenile delinquency is the participation by a minor between the ages of 10 and 17, in illegal

activities. When an individual deviate from the course of a normal social life his behaviour is

called ‘Delinquent’. When a juvenile, below an age specified under a statute exhibits behaviour

which may prove to be dangerous to society and or for him, he may be called a juvenile

delinquent. Juvenile delinquents are those offenders including boys and girls who are under 18

years of age. A Juvenile delinquent is a young person incorrigible or habitually disobedient.

ACT OF DELINQUENCY MAY INCLUDE:

1. Running away from home without the permission of parents.

2. Habitual behaviour beyond the control of parents.

3. Spending time idly beyond limits.

4. Use of vulgar languages.

5. Committing sexual crime.

6. Visiting gambling centre etc.

HISTORICAL BACKGROUND OF JUVENILE JUSTICE LAW IN INDIA

Prior to the enactment of the juvenile justice (Care and Protection of Children) Act,2ooo which

came into force w.e.f. December 30, 2000, the juvenile justice Act,1986 was the governing law

on the subject. Before this act was introduce w.e.f October 2,1987 the Children Act, 1960 was

operative through the country The States were, however, authorized to enact their own laws for

the care and protection of the delinquent children and juveniles. A perusal of the working of

the Children Act, 1960(subsequently repealed by j. j. Act,1986) would indicate that greater

attention was required to be given to children who were found in situations of social

maladjustment, delinquency or parental neglect. It was deemed necessary that a uniform

juvenile justice system should be introduce throughout India which would take into account all

aspects of the social, cultural and economic change in the country. India, being a signatory to

the convention, drew up a comprehensive uniform legislation to replace the ChildrenAct,1960

and the State enactments framed there under. Consequently Juvenile Justice Act,1986 was

enacted which came into force w.e.f. October 2,1987.

CAUSES OF JUVENILE DELINQUENCY

Understanding the causes of juvenile delinquency is an integral part of preventing a young

person from involvement in inappropriate, harmful and illegal conduct. Four primary risk

factors can identify young people inclined to delinquent activities: individual, family, mental

health and substance abuse. Often, a juvenile is exposed to risk factors in more than one of

these classifications.

Prof. Mohd. Ashraf Department of Law AMU

Individual Factors

Several risk factors are identified with juvenile delinquency. A minor who has a lower

intelligence and who does not receive a proper education is more prone to become involved in

delinquent conduct. Other risk factors include impulsive behaviour, uncontrolled aggression

and an inability to delay gratification. In many instances, multiple individual risk factors can

be identified as contribution to a juvenile’s involvement in harmful, destructive and illegal

activities.

Family Factors

A consistent pattern of family risk factors is associated with the development of delinquent

behaviour in young people. These family risk factors include a lack of proper parental

supervision, ongoing parental conflict, neglect and abuse (emotional, psychological or

physical). Parents who demonstrate a lack of respect for the law and social norms are likely to

have children who think similarly. Finally, those children that display the weakest attachment

to their parents and families are precisely the same juveniles who engage in inappropriate

activities, including delinquent conduct.

Mental Health Factors

Several mental health factors are also seen as contributing to juvenile delinquency. In is

important to keep in mind, however, that a diagnosis of certain types of mental health

conditions-primarily personality disorders – cannot be made in regard to child. However, there

are precursors of these conditions that can be exhibited in childhood that tend to end up being

displayed through delinquent behaviour. A common one is conduct disorder. Conduct disorder

is defined “a lack of empathy and disregard for societal norms.” (Diagnostic and Statistical

Manual of Mental Disorders, Fourth Edition, American Psychiatric Association, 2004.)

Substance Abuse Factors

Substance abuse is found in a majority of cases of juvenile delinquency, two trends are

identified in regard to substance abuse and minors. First, juveniles are using more powerful

drugs today than was the case as recently as 10 years ago. Second, the age at which some

juveniles begin using drugs is younger. Children in elementary schools are found to be using

powerful illegal drugs. The use of these illegal substances or the use of legal substances

illegally motivates young people to commit crimes to obtain money for drugs. Additionally,

juveniles are far more likely to engage in destructive, harmful and illegal activities when using

drugs and alcohol.

PREVENTION OF JUVENILE DELINQUENCY

Prevention is necessary for such children. First of all, we should identify such juveniles and

thereafter give him treatment. They will become habitual offender if they are not timely

prevented from committing the offence. The most effective way to prevent juvenile

delinquency has indisputably been to assist children and their families early on. Numerous state

programs attempt early intervention, and federal funding for community initiatives has allowed

independent groups to tackle the problem in new ways. The most effective programs share the

following key components. There are so many Jurists and criminologists who suggested many

provisions for the prevention of juvenile delinquency. Some of the provisions are very useful

for the welfare of the juveniles and their development.

Prof. Mohd. Ashraf Department of Law AMU Delinquency Prevention is the broad term for all efforts aimed at preventing youth from

becoming involved in criminal, or other antisocial, activity. Increasingly, governments are

recognizing the importance of allocating resources for the prevention of delinquency.

Prevention services include activities such as substance abuse education and treatment, family

counselling, youth mentoring, parenting education, educational support and youth sheltering.

PREVENTIVE PROGRAMMES OF JUVENILE DELINQUENCY

There may be two kinds of programmes for preventing the juvenile delinquency;

1. Individual Programme Individual programme involves the prevention of delinquency

through counselling, psychotherapy and proper education.

2. Environmental programme Environmental programme involves the employment of

techniques with a view to changing the socio-economic context likely to promote delinquency.

These two forms of preventive approaches are reflected in the following strategies, which are

adopted in crime prevention programmes.

I. Individual Programme

a) Clinical Programme

The object of this clinic is to provide aids through Psychiatrists Clinical Psychologists and

Psychiatric Social workers to help the Juveniles delinquents in understanding their personality

problems. Taft and England have listed the function of clinics as follows

► To participate in discovery of pre delinquents.

► To investigate cases selected for study and treatment.

► To treat cases itself or to refer cases to other agencies for treatment.

► To interest other against in psychiatrically oriented types of treatment of behavioural

disorders in children.

► To reveal the community unmet needs of children.

► To cooperate in training of students intending to specialize in treatment of behavioural

problems

b) Educational Programme

The impacts of educational institutions are very significant in the countries where almost every

child going to school and preventive programme can be launched in an effective manner

through the schools. Teachers should not discriminate among the students; they should be

treated equally and provided the moral education which is very helpful to the students for their

life stand. Moral education is a significant factor for the students, which decide their life. They

should be able to understand the difference between right and wrong ideas which are favourable

for them and which are not.

c) Mental Hygiene

This method is also helpful in prevention and treatment of Juvenile delinquency. To prevent

the mental conflict and to bring about a proper mental adjustment in childhood and value of

mental therapy in curing a mental disturbance cannot be over-emphasized. The mission of life

Prof. Mohd. Ashraf Department of Law AMU must be determined and energies must be directed towards the fulfilment of the high mission.

Development of high sentiment and values in child also prevent Juvenile Delinquency. In

October 1944, on occasion of inauguration of the Indian Council for Mental Hygiene Dr. K.R.

Masani, the then Director of Indian Institute 72 of Psychiatry and Mental Hygiene, said that

the application of mental Hygiene was wide and varied and in Education, Law, Medicine,

Public health, Industry, mental hygiene played an important role in preventing the delinquency

and crime.

d) Parent education

Every community should ensure opportunities for parental educations, which will help making

good homes, improve family relationship, and education and care of children. Some

educational programmes inform parents on how to raise healthy children.

e) Recreational programmes

The recreational programmes are a good check on delinquency. Recreation programs enable

youths to mix up with other adults and children in the community and develop friendship. Such

positive friendships may assist children in later years. Youth programs are designed to fit the

personalities and skills of different children and may include sports, dancing, music, rock

climbing, drama, karate, bowling, art, and other activities. It is believed that the energies of

youth can be very well channelized into pursuits like sport games and other healthy activities,

which would counteract delinquent among the participants. The establishment of recreational

agencies like sports, playgrounds community centres, concerts drama, puppet shows are very

necessary for preventing the delinquency and developing social group work and youth groups.

In rural areas, recreational agencies should provide open air meeting halls, playgrounds for

sports and cultural activities. Youth organizations and groups/agencies should take and assume

the responsibility for organizing these programmes so that Juvenile may be kept away from

delinquency.

f) Removal of inferiority complex

Inferiority complex, fear, apprehension may sometimes lead the child to commit crime under

wrong and misplaced belief/impression of proving himself. Children deserve encouragement

to become confident and good spirited person. Discouragement pulls them behind in their life.

They should be properly to face various good and bad phases of life and their failures should

not be criticized. Praise cheer, sympathy and love should be showered to banish inferiority

complex.

II. Environmental programme

a) Community Programmes

The basic aim of community programme is to reach the people in need of help instead of people

approaching the workers and agencies. Another significance of this programme is that the

participation of the local community is considered to be more important and role of

professional leadership is sought to be kept at the minimum level. Marshal B. Clinard has

outlined the key supposition of these programmes as follows:

► Local people will participate in efforts to change neighbourhood conditions.

► And they do not accept an adverse social and physical environment as natural and enviable

Prof. Mohd. Ashraf Department of Law AMU ► Because self-imposed changes in the immediate Environment will have real significance to

the resident and consequently will have more permanent effect.

a) Publicity

This method can also be very useful in preventing the Juvenile Delinquency. The newspapers,

magazines, radio, television and motion pictures etc. should show the juvenile delinquency in

proper perspective honestly and should also present real reports about the various wrong done

by the juveniles and analyse its true causes and also protect the juvenile against false and

misleading reporting. The actual position should be presented and produced before the society

about their delinquent behaviour so that they may be properly assessed.

b) Parental love and affection

Child needs unconditional, immediate and true love, care and protection of his mother and

father. On account of deprivation of such love and care the child may develop frustration and

dissatisfaction leading to crime. So parental love, care and protection is very necessary for the

child to prevent him for committing or doing the crime. So parental love, care and protection

is very necessary for the child to prevent him for committing or doing the crime.

c) Family Environment

Family factors which may have an influence on offending includes the level of parental

supervision, the way parents discipline a child, parental conflict or separation, criminal parents

or siblings, and the quality of the parent-child relationship. Many studies have found a strong

correlation between a lack of supervision and offending, and it appears to be the most important

family influence on offending.

Exploitation of children has been a long-standing practice. These delinquents go through a lot

of abuse which vary in nature as physical, sexual, or psychological or as a combination. The

abuse has a long lasting and profound effect on a child’s life. The problem of child abuse is a

serious one and it is unlikely that it gets solved any sooner. Also, the reason why this has

prolonged is that the society has affected the children in a negative way and in the society, there

are factors such as family influence, social environment, mental disorder and sexual abuse.

This develops in young people low self-influence, social environment, mental disorder and

sexual abuse. This develops in young people low self-esteem and they go through mental

trauma which later correlates with delinquent behaviour.

What needs to be done is the question that arises before us. We cannot uproot this menace but

there are solutions to keep a control on the problem of Juvenile Delinquency. In the best interest

of the delinquent he or she should be rehabilitated as early as possible and integrated back in

the society. Also, the State must protect the rights of these children and come up with

reformative methods and instil in them values that can socially uplifts them and give them a

new found confidence so that they can play a constructive role in the society.

Juvenile Justice System in India

Certain special provisions also exist in the Indian Penal Code and the Code of Criminal

Procedure, 1973 which is to provide special treatment and procedure to the young and juvenile

offenders.

They are as follows:

Prof. Mohd. Ashraf Department of Law AMU (1) Under Sections 82 and 83 of the Indian Penal Code, elaborate provisions regarding the

extent of criminal liability of children belonging to different age groups have been provided.

A child below the age of seven is doli incapex, i.e. 'incapable of committing a crime.' Similarly,

a child between seven and twelve years of age has only limited criminal liability. The

contention is to justify a lenient treatment to young offenders as they cannot comprehend the

nature and consequences of their actions due to lack of sufficient maturity and understanding.

(2) Under Section 360 of the Code of Criminal Procedure, 1973 when any person who is below

twenty-one years of age or any woman, is convicted of an offense not being punishable with

death or imprisonment for life, and no previous conviction is proved against such person, the

court may, having regard to the age, character and antecedents of the offender, and to the

circumstances in which the offense was committed, order release of the offender on probation

of good conduct for a period not exceeding three years on entering into a bond with or without

sureties, instead of sentencing him to any punishment. Such as first offenders are not to be tried

in a criminal court through the ordinary procedure. Instead, they are to be dealt with and

corrected through special methods or treatment under the law. The main objective is to separate

the young offenders from hardened criminals so that they are not exposed to recidivistic

tendencies.

(3) Section 27 of the Code of Criminal Procedure, 1973 further suggests that a lenient treatment

to juveniles has already received statutory recognition in the Indian law. Under this section, if

a person below sixteen years of age commits an offense other than the one punishable with

death or life imprisonment, he should be given lenient punishment depending on his previous

history, character, and circumstances which led him to commit the crime. His sentence can

further be commuted for good behaviour during the term of his imprisonment.

Further, the proceedings instituted against him are not published to prevent the juvenile

offender from stigmatization and embarrassment. His name, address or identity is not disclosed

and the general public is excluded from witnessing the trial. The delinquent’s parents may,

however, be allowed to attend the trial. The main objective of these closed-door proceedings

is to keep off the delinquent from the rigors of procedural law and make the trial simple and

less formal.

The principle underlying these legislative measures pre-supposes that youngsters are innocent

by nature and therefore, society’s attitude towards them should be one of tolerance and

generosity. Also, the mental attitude of juvenile delinquent at the time of committing crime

certainly differs from that of a confirmed adult criminal hence it would be grossly unjust to

punish the two alike.

Apprentices Act of 1850:

The Act provides for the binding of children, both boys and girls, between the ages of

10 to 18 as apprentices. It also dealt with children who committed petty offences

Provision in the Criminal Procedure Code:

Under Section 399 of the Indian Criminal Procedure Code (ICPC) convicted young

offender below the age of 15 could be sent to Reformatory Schools established by the

State Government.

Prof. Mohd. Ashraf Department of Law AMU

Section 562 of the C.P.C. also permitted discharge of certain convicted offenders on

probation. It also permitted their release with advice.

Under Section 82 of the Indian Penal Code children under seven cannot be held

responsible for their criminal acts.

Section 83 of the Code relaxes this age up to 12 under some conditions.

Juvenile Justice Act, 1986:

India was the first country to grow its system in the light of the principle enunciated in the

United Nation Standard Minimum Rules for the Administration of the Juvenile Justice

The main objectives were:

To provide a specialized approach towards the prevention and control of juvenile

delinquency

To come up with the machinery and infrastructure for Juvenile Justice operations

To establish the norms and standards for the administration of Juvenile Justice

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

The main features of this Act are:

The Title of the Act stresses on the need for care and protection to both categories of

children

Uniform age for both boys and girls – any child who has not completed the age of 18

fall within the jurisdiction of the Act

Separation of child in need of care and protection and child in conflict with law

Constitution of Child Welfare Committees to deal with children in need of care and

protection and Juvenile Justice Boards to handle children in conflict with law

The category of children in need of care and protection has been expanded to include

victims of armed conflict, natural calamity, civil commotion, child who is found

vulnerable and likely to be inducted into drug abuse

More legal protection assured for the child in conflict with law – detention to be resorted

to as the last option, disqualification of past records and privacy maintained

The law outline four options of restoration for children in children’s homes and special

homes which include adoption, foster care, sponsorship and after care

The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006

The JJ Act 2000 was subsequently amended and hereafter referred to as the Principal

Act

This Act forms the legal system and framework for the care, protection, treatment and

rehabilitation of children of both categories

The Objective of the Act:

1. To Lay Down A Legal Structure for The Juvenile Justice System in The Country

Prof. Mohd. Ashraf Department of Law AMU

2. To Provide A Special Approach to The Protection and Treatment of Juveniles

3. To outline the machinery and infrastructure required for the care, protection, treatment,

development and rehabilitation of juveniles

4. To establish norms and standards for administration of juvenile justice

5. To establish linkages and co-ordination between the formal system of juvenile justice

and voluntary efforts in the welfare of juveniles

6. To constitute special offences in relation to juveniles and provide punishment.

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

It was enacted to replace the existing Juvenile Delinquency law, the Juvenile Justice (Care and

Protection of Children) Act, 2000 so that juveniles in conflict with law in the age group of 16-

18 years, involved in heinous offences can be trialled as adults.

Major Provisions of the Act:

It empowers the Juvenile Justice Board to decide if a juvenile criminal in the age group

of 16–18 should try as an adult or not.

The Act had tried to make the adoption process of orphaned, abandoned and

surrendered children more streamlined while adopting some of the concepts from The

Hague Convention on Protection of Children and Cooperation in Respect of Inter-

Country Adoption.

The act had introduced foster care in India under section 44. As per this, the families

would sign up and the abandoned, orphaned children or those in conflict with the law

would be sent to them. Such families will be monitored and shall receive financial aid

from the state.

The law had also made provision that while adopting child, priority is given to disabled

children and physically and financially incapable children.

The parents who are giving up their child for adoption get 3 months to reconsider their

decision {It was earlier 1 month}.

The law mandated that any person giving alcohol or drugs to child would be punished

with 7 years imprison or Rs. 1 Lakh fine or both. A person selling a child would be

imprisoned for five years or Rs. 1 lakh fine or both.

Prof. Mohd. Ashraf Department of Law AMU

The Debate over reducing age of Juvenile Delinquency

Arguments in favour:

There has been a steep rise in serious crimes involving youth of 16-18 years of age and

the age factor had been used as an escape from the criminal prosecution.

It has been found that the juveniles of 16-18 age groups are involved in serious crimes

and they are doing such criminal acts with full knowledge and maturity.

Thus, while trialling juveniles, juvenility should be decided on the basis of state of mind

and not the state of body solely.

Also, to have a deterrent effect it was necessary to amend the existing law.

Arguments in opposition:

The critics are of the view that the root of the problem needs to be addressed instead of

punishment. It is not only the responsibility of the child that he/she has committed such

heinous crimes but also the responsibility of the society and the government which has

failed to provide healthy childhood to the child and let them drift towards criminal

activities.

Before punishing, it should also be taken into consideration whether there are no

possibilities that the child would be reformed, and whether there are chances that the

child comes out as a more toughened criminal after spending years in adult jails.

Issues and Challenges with Juvenile Justice in India

1. Term of sentence: There is no logical or scientific reason which shows that total and

complete rehabilitation can be achieved by a child in conflict with the law within a

maximum period of three years.

2. Post completion of term and aftercare: Absolute lack of implementation of the

provisions of the JJ Act after a juvenile completes his sentence is a major concern.

India’s massive population makes it impossible to track and ensure that a juvenile once

released continues with his therapy or even reports regularly to his parole officer.

3. Juveniles in Adult jails: National Commission for Protection of Child Rights

(NCPCR), a number of probable juveniles are found in adult jails. Further, the police

subvert the guidelines of JJ Act and lodge juveniles into adult jails.

4. Issues with juvenile homes:

Lack of trained staff and financial corruption is a major concern in juvenile homes

across India

In major of the homes, there is complete lack of vocational training, counselling and

individual care plans

A 2013 report by the Asian Centre for Human Rights (ACHR), “India’s Hell Holes:

Child Sexual Assault in Juvenile Justice Homes” stated that inmates are subjected to

sexual assault and exploitation, torture and ill-treatment, apart from being forced to live

in inhuman conditions

Rehabilitation of Juvenile Delinquent

Prof. Mohd. Ashraf Department of Law AMU

What is Rehabilitation?

The primary motto of punishment is to make the convict understand the grievous nature of the

crime committed and regret his/her actions. Hence after the completion (full or partial) of the

sentence, the convict has to be prepared to get back into society. The ex-convicts always viewed

with a suspicious mind by the general public. Hence the ex-convicts should be prepared

mentally and may be taught skill sets to improve their job ability.

Special programs to prevent substance abuse, improve mental health, continuing education was

framed for sexual offenders, women parolees and children in conflict with the law. The

importance slowly downgraded as the twentieth century progressed towards its end. It regained

momentum as human rights concerns are high on the activists’ list.

How does rehabilitation for juveniles’ work?

While the juveniles held accountable for their violation of the law and kept in juvenile homes

or other relevant correctional facilities for public safety, the primary aim is to rehabilitate them.

The rehabilitative process includes psychological assessment of the crime committed by the

juvenile and the environment, causing it to happen, therapeutic guidance, skill development,

involving them in yoga and other mind developing activities.

Financial constraints of the government wade rehabilitation away and involvement of social

workers and non-profit organisations resulted in cost-effective multi-modal rehab programs for

the juveniles.

What are the provisions made by the Juvenile Justice Act?

The Juvenile Justice Act provides for the rehabilitation of the to begin as soon as the child’s

transfer to the care home or other correctional facilities. The social reintegration of the child in

conflict with law can be done by

Aftercare care organisations

These are transitional homes where the child is kept before totally reintegrated into society.

Aftercare organisations are special homes registered under the governmental nodal agency

functions for the welfare of delinquent children.

At the aftercare organisations, the Juveniles were given,

1. Vocational training

2. Therapeutic training to improve psychological behaviour

3. Continuing education

4. Consensus about social values

5. Economical ability to support themselves

6. Activities for physical and mental fitness

The juveniles are taken care of in After Care Organisation which is transitional homes after

they leave the special homes and children’s home. Juvenile in conflict with law and children

in need of care and protection, both categories are placed in the aftercare organizations.

Aftercare organizations enable the juveniles to lead an honest and industrious life. After-Care

Organisations are set to achieve the principal objective of allowing children as well as juveniles

Prof. Mohd. Ashraf Department of Law AMU to adapt to society. At the after-care organizations, the children and juveniles are motivated to

stay in mainstream society from their past life in the institutional homes.

Aftercare organizations are nothing but a temporary home which is set up for a group of youths.

At the aftercare organizations, the placed youths are encouraged to learn a trade, and they also

contribute towards the running of the aftercare home. Any voluntary institution or organization

designated as the after-care organization strives to work towards preparing the children as well

as juveniles to achieve self-reliance and acquire social and life skills to integrate them fully in

the community.

In the aftercare program children and juveniles are also provided access to social, legal and

medical services and also with appropriate financial support. Regular educational and

vocational training opportunities are provided to children and juveniles at the aftercare

organization for helping them to become financially independent and in turn, to generate their

income.

The After-Care Organisation must ensure regular follow up and support after the child or

juvenile is reintegrated in the community or society. Members of various government bodies

also work together to reintegrate the child or juvenile into the mainstream society by enabling

them psychologically and economically and also providing them with support after integration

with society with constant monitoring.

Both institutional and non-institutional measures have been used not only for the proper care

and development of children but also to handle the problems of children adequately as a last

resort for the welfare of the children and juvenile, the institutional measures have to be used.

Sponsorship

It is the financial help given for child care organisations, foster families, individuals or

individual groups to meet the expenses of the juveniles’ rehabilitation programs. It may be a

government aid or by a non -governmental organisation (NGO) or by individuals.

Foster care

It is one of the non-institutional care provided for the juveniles. Based on Section 42 of the

Juvenile Justice Act of 2000, the child may be placed with a foster family so he/she may be

surrounded in a family environment and parental care which cannot be possible in normal

institutional rehabilitation. The child is provided with education as well as family care. The

foster family is paid for their service, and it is voluntary in nature.

A child may be placed in foster care if the natural parents are

sentenced,

suffering from deadly diseases

being abroad

Incapacitated by other means

Adoption

Adoption benefits the orphans, homeless children and destitute youngsters as well as childless

couples. Adoption makes life meaningful for lone single adults too as they gain a parent-child

relationship. Adoption empowers a powerful relationship between the child and its adopted

Prof. Mohd. Ashraf Department of Law AMU parents even though they are not related. Section 2(2) of the Juvenile Justice Act of 2015 states

that adoption as the process through which the adopted child is permanently separated from

his/her biological parents and becomes the lawful child of his/her adoptive parents with all the

rights, privileges and responsibilities that are attached to a biological child.

What are the steps taken by the Judicial proceedings towards the rehabilitation of

juveniles?

A child in conflict with law is sent before the Juvenile Justice board, not before other courts of

law. The Juvenile Justice Board consists of two social worker members among one is women.

This is to make sure the case proceedings happen in a way to ascertain the welfare of the child.

Care is taken while issuing the justice which not only contains the punishment for the unlawful

deed but to rehabilitate the child back to the society.

What are the other measures or techniques used in the rehabilitation of juveniles?

There is a huge lack of infrastructure for the rehabilitation of the juveniles like the absence of

Juvenile Justice Boards, observation homes or special homes at many districts. There is also

not enough counsellors, psychiatrists, medical personnel and trained social workers. The

implementation of the Juvenile Justice Act of 2015 is lacking implementation at various levels.

It is the role of the state government to ensure the implementation and proper function. State

governments need to impart training to the monitoring officers.

While Juvenile Justice Boards avoid the child to be produced in normal courts it does not

prevent children from giving evidence at normal courts. Child Rights Convention to which

India is a signatory provided guidelines for treating Child victims, Child witnesses and

delinquent youth.

1. the Media (Newspapers, Televisions, etc.,) should publish the photograph, name and

age of the child.

2. The proceedings should be run in a closed courtroom (in-camera) with the presence of

a parent or guardian and a welfare worker.

3. Suitable counselling measures should be given to the child after the court session.

4. Any persons or proceedings contravening the above shall be punishable by law.

Section 36 of the Child Protection Act of 1960 also emphasise this.

The unwanted attention given to the child involved in court proceedings may result in mental

trauma. Child psychologists specialised in these scenarios help the children to tackle the

situation.

Children sent to juvenile homes for petty offences should be treated properly and care is given

to educate them and re-socialise them for the positive reintegration with society. The

correctional facilities and rehabilitation services for the juveniles should be done with the

approach.

As more than one ministry is involved in the juvenile care strong coordination between the

concerned departments and corpus fund integrating all the ministries involved is necessary to

smooth functioning and implementation of the child care acts. Result oriented mechanism for

evaluating, monitoring and future planning must be given more preference.

What are the Legislative Interventions against Juvenile Delinquency?

Prof. Mohd. Ashraf Department of Law AMU The Apprentice Act, 1850 states that the convicted children of the age group of 10-18 are to be

provided with vocational training to help with their rehabilitation. This was considered to be

the first legislation concerning children.

Separate prison for children, creation of remand homes, making suitable arrangements for the

custody of children under remand and creation of children’s courts with the informal and elastic

procedure were recommended by Indian Jail Committee (1919-20). To provide for the

administration of Juvenile Justice with special considerations to the treatment of Juvenile

delinquents in the year 1986 the Act Juvenile Justice Act was passed in parliament. The

Juvenile Justice Board and other child care home was established based on this act, it also gives

emphasis for the following:

Providing a reasoned approach for the prevention and remediation of juvenile

delinquency. This is done while keeping the child’s developmental needs towards social

maladjustment.

Rules and regulations for investigation, prosecution, adjudication and disposition,

rehabilitation of juvenile justice administration.

Provisions for juvenile specific offences and punishments.

Conforming the standard Minimum rules for the administration of Juvenile Justice of

United Nations implemented in the administration of the juvenile justice system in India

To provide proper care, protection and treatment by catering to the juvenile delinquents’

developmental needs, and for adopting a child-friendly approach in the adjudication and

disposition of court proceedings in the best interests of children and for their proper

rehabilitation the Juvenile Justice Act of 2000 is enacted by Government of India. Provisions

for institutional and non-institutional measures for rehabilitation are provided in the Juvenile

Justice (care and protection) Act of 2000.

The Convention on the Rights of the Child (1989) adopted by the General Assembly

Resolution 44/25 of 20 contains articles to prevent abuse, exploitation and abuse of children.

All member states are required to implement the provisions of the Child Rights Convention on

par with their own law. It also mandates the process to restore the victimised child back into

society. Article 6, 7, 8 of the Convention on the Rights of the Child, 1989 stresses the right to

equitable life, basic education and socio-economic rights of the child.

All nations must ensure these rights of the child are protected constitutionally and there should

be a proper redressal mechanism. The National Council for the protection of child rights

(NCPR) is established for this purpose.

Article 15(3), 25, 39 of the Indian Constitution has necessary provisions for protecting the

rights of children. India also implemented Sarva Shiksha Abhiyan (SSA) which made

education for children between 6-14 years age free and compulsory. It is also punishable under

the law to employ children under 14 years of age. Several legislations enacted in pre- and post-

independent India for the safeguard of child rights, protecting the young offenders from harsh

punishments, reforming the delinquent children with social consciousness.

The principle of “the first call for children” – the children’s essential needs to be given at most

priority of Child Rights Convention is ratified by India in 1992., Juvenile Justice (Care and

Protection) Act of 2000 was passed by the Indian parliament to replace all older acts concerning

Juveniles in lieu of the Child Rights Convention.

Prof. Mohd. Ashraf Department of Law AMU According to Section 83 of Indian Penal Code, any act committed by a child under seven years

of age is not an offence and even it is not an offence committed by a child under twelve years

of age provided he/she does not understand the nature and consequences of the act and not

attained enough mental maturity.

Under Section 27 of the Criminal Procedure Code of 1973, any accused under the age of 16

years committed any offence other than one is punishable with capital sentence may be tried

by the special courts empowered by the Children Act 1960.

Procedures for the three stages of the trail were detailed out in the Juvenile Justice (Care and

Protection of Children) Rules, 2007. They are as follows,

Pre-Trial Processes

Rule 11(11) of the Juvenile Justice Rules, 2007 states when dealing with a child in conflict

with the law except for crimes of heinous nature like rape or murder not need to file first

information report (FIR) or charge sheet by the police. The information recorded only in the

general daily diary. The juvenile should be produced before the Juvenile Justice Board

immediately after apprehension by the police.

A report on the social background of the juvenile, circumstances of apprehension and the

alleged crime committed should be submitted before the Juvenile Justice Board. A juvenile

who is accused of a bailable or non-bailable offence “shall” be released on bail or placed under

the care of a suitable person/institution.[Section 12, the Juvenile Justice (Care and Protection

of Children) Act, 2000] If bail is refused the juvenile cannot be sent to jail and kept in an

observation home.

Trial and Adjudication

The Juvenile Justice Board conducts an inquiry of the juvenile charged with an offence and

produced before it by the powers under Section 14 of the Juvenile Justice Act. By the provisions

of Section 18, a juvenile cannot be tried with an adult. The age of the juvenile is determined

based on documentary evidence like the birth certificate, matriculation certificate or medical

board examination.

Rule 13 mandates to conclude the inquiry as soon as possible by the Juvenile Justice Board and

then the presence of juvenile during inquiry may be dispensed by the Board if it deems fit.

According to Rule 13 (7) Section 47 of the Juvenile Justice (Care and Protection of Children)

Act, 2000, beyond four months, the inquiry must not be prolonged and delay of more than 6

months will terminate the trial in all non-serious crimes.

Post-Trial Processes

After the expiry of the appeal period, the case records of the juvenile are removed to ensure no

disqualification attaches to a juvenile in the conflict of law. During his stay in a children’s

home or the special home itself rehabilitation and social reintegration of the juvenile begin as

per the provisions of Section 40 of the Act. For the juveniles to have an honest, industrious and

useful life various programs were conducted by government authorised After-care

organizations after they leave the Juvenile homes.

Executive Interventions against Juvenile Delinquency

The National Policy for Children 1974 is the first policy document adopted by the Union

government for the needs and rights of children. It reaffirms the Constitutional provisions, this

Prof. Mohd. Ashraf Department of Law AMU brief document outlines services for the complete development of a child, before and after birth

and throughout a child’s period of growth including health and nutrition programs, free and

compulsory education, protection from abuse, neglect, cruelty, and exploitation with special

focus on children from marginalized backgrounds or children with social handicaps by the

state.

For the purpose of planning and upholding the rights of the children a National Children’s

Board is envisioned by this policy. To help in ensuring the above provisions voluntary

organizations also need to be recruited.

To live a healthy and happy childhood is an inherent right of a child. It is the obligation of state

governments to guarantee that. The 2003 National Children’s Charter, adopted on 9 February

2004, emphasizes. It is the State government’s commitment to ensure that all children grow up

in an environment that is respectful of their dignity, free from discrimination, violence,

exploitation, exclusion, equal chances to develop their potential and enjoyment of all children

according to the National Children’s Charter of 2013. This policy is the guideline, policies,

plans and programs affecting children of national, state and local governments and applicable

to children under the age of 18.

The Ministry of Social Justice and Empowerment under the Union government formulates

policies, oversees the implementation of programs and coordinates the welfare activities for

child welfare. Integrated Child Development Services (ICDS) It provides a package of services

comprising supplementary nutrition, immunisation, health check-up and referral services, pre-

school non-formal education) and Kishori Shakti Yojana (KSY) (It has launched a nutrition

programme for adolescent girls, establishment of the Commission on Child Rights) programs

were conducted by the state and union governments for the welfare of women and children.

Health, nutrition, and education as major areas of concern with regard to children were

identified by the first five-year plan (1951-56). proposals, relating to juvenile delinquency,

social and moral hygiene, vagrancy or beggary and probation were formulated in the second

five-year plan (1956-61). The special needs of the child and recognition of the child as a human

being were emulated during the third five-year plan (1961-66) and efforts were made to ensure

these needs. the National Education policy in 1968 and the National Policy for Children in

1974 came into existence as a result of the fourth five-year plan (1969-74). The needs of

working children were the main consideration of the sixth five-year plan (1980-85) and (1992-

97).

The ratification of the United Nations Child Right Convention by India was done in the eighth

five-year plan and continued work in areas of day-care, education, health, etc. The Sarva

Shiksha Abhiyan (SSA) and in 2001-02 adopted the new Juvenile Justice (care and protection

of children) Act were introduced in the ninth five-year plan (1997-2002). By Schemes such

as Integrated Child Development Scheme and universal immunization introduced in the tenth

five-year plan (2002-07) for ensuring survival, development, and protection of children. The

central goal of the eleventh five-year plan (2007-12) is the development of the child.

Judicial Intervention against Juvenile Delinquency

The beneficial interpretation of the law given to the juvenile delinquents in judicial decisions.

In the case of Sheela Barse v. Union of India, (1986 3 SCC 596). The Supreme Court has

condemned and discouraged the detention of children below 16 years in jail as the atmosphere

of the jail may have an injurious effect on the mind of child estranging him from society.

Prof. Mohd. Ashraf Department of Law AMU In case of Ramdeo Chauhan v. State of Assam,(2001) 5 SCC 714) it was held that whenever

any delinquent juvenile accused of an offence is produced before a Magistrate or a Court and

if it is brought to its notice or observed that the accused produced before it was under the age

of 16 years, shall refer the accused to the Juvenile Courts if the Act is applicable in the State

and the Courts have been constituted or otherwise refer the case to the Court of the Chief

Judicial Magistrate who will deal with the matter in accordance with the provisions of law.

In case of Harkit Singh alias Kirat v. the State of Haryana 2008 Cri.L.J. (NOC), 1267 (P&H)

the Hon’ble Supreme Court of India held that Section 12 of the Act provides for bail to a

juvenile which is mandatory and is subject to a few exceptions. In case of Praglad

Gaur v. State of Uttar Pradesh, 2009 Cri.L.J. 1563 it was observed that denial of bail to the

juvenile on the single instance of a child delinquent joining company of some known criminal

or criminals would not be sufficient to satisfy the definition of the word “Association” used in

Section 12 of the Act.

In the case of Jabar Singh v. Dinesh & Anr. (JT 2010 (2) SC 603) it was observed that under

Section 49 the claim of juvenility due to inquiries must be made it was observed that the

insertion of Section 7 (A) in the Act shows legislative intent not to oust the jurisdiction of the

court to decide a claim of juvenility raised before it.

In the case of Ravinder Singh Gorkhi v. State of Uttar Pradesh,AIR 2000 SC 2648 it was

observed that the determination of the date of birth of a person before a court of law, whether

in a civil proceeding or a criminal proceeding, would depend upon the facts and circumstances

of each case to be determined on the basis of the material on the records and in a manner laid

down under a statute. It will be the duty of the court of law to accord the benefit to a Juvenile

so that no injustice is caused to the victim.

In the case of Sanjay Suri & Ors. v. Delhi Administration, (AIR 1988 SC 414) it was observed

that no child should be sent to jail otherwise the whole object of protecting the child from the

bad influence of jail life would be defeated. The juvenile must be kept in a separate ward and

shouldn’t be allowed to intermingle with adult prisoners as that would also expose them to bad

influences which may prevent their proper rehabilitation.

Prevention, dealing, treatment, rehabilitation and reintegration of juvenile delinquents

The proverb “ounce of prevention is worth a pound of cure” is the basis behind preventing

crime and delinquency. To reduce the frequency and repetition of the crime cycle of a juvenile

delinquency detection of environmental factors of the offence occurred, changing the

psychological makeup of juvenile delinquents and rehabilitating them are a must. Actions like

imparting social skills training, cognitive and behavioural self-control strategies are taught at

the school and community level to prevent juvenile delinquency. The rehabilitation focuses on

the juvenile delinquent to reintegrate with his family and community.

Prevention: It is the first step towards the curbing delinquency. Delinquency is an evolutionary

process as the child starts his delinquent acts at an early stage which is evident in the form of

petty stealing, neglecting studies and gradually developing other notorious tendencies.

Observing such behaviours, teachers and family members should counsel such children.

Also, the prevention of delinquency includes averting delinquent behaviour by taking action in

terms of individual and environmental adjustments. It includes curing the factors responsible

for juvenile delinquency like improving family bonds, the better adjustment in schools,

provision of educational and recreational activities.

Prof. Mohd. Ashraf Department of Law AMU Dealing: Police and Courts are the two major components of the criminal justice system. Police

have a more significant role to play in cases related to juveniles’ delinquents. Even the statutory

provisions provide for the active participation of police in cases concerning juveniles. For these

juvenile police units with special training must be set up who will help in discovering

delinquents and pre-delinquents.

Treatment: Modification of delinquent behaviour is one of the basic purposes of correctional

institutions. The Juvenile Justice (Care and Protection for Children) Act, 2000 gives special

attention to the children who are in a situation of social maladjustment. The Act provides for

the constitution of the Board.

The State Government has been authorized to constitute for a district or a group of districts one

or more Juvenile Boards for exercising the powers and discharging the duties, conferred or

imposed on such Boards in relation to Juveniles in conflict with the law under this act. The

Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the first class, as

the case may be, and two social workers of whom at least one shall be a woman;

Section 4, the Juvenile Justice (Care and Protection of Children) Act, 2000 that will hold the

inquiry and may make such order as it deems fit. (Section 14, the Juvenile Justice (Care and

Protection of Children) Act, 2000) The juveniles may be kept in observation homes(Section 8,

the Juvenile Justice (Care and Protection of Children) Act, 2000) where the juvenile is provided

accommodation, maintenance, and facilities for medical examination and treatment apart from

informal education and moral teaching. State Governments have been empowered to establish

and maintain special homes (Section 9, the Juvenile Justice (Care and Protection of Children)

Act, 2000) in every district for the reception and rehabilitation of juvenile in conflict with the

law.

In case of the child in need of care and protection, the State Governments have been empowered

to constitute a Child Welfare Committees (Section 29, the Juvenile Justice (Care and Protection

of Children) Act, 2000) for every district. The Committee shall have the final authority to

dispose of cases for the care, protection, treatment, development, and rehabilitation of the

children as well as to provide for their basic needs and protection of human rights. (Section

31(1), the Juvenile Justice (Care and Protection of Children) Act, 2000).

Rehabilitation and Reintegration: Social reintegration of children shall be carried out

alternatively by adoption, foster care, sponsorship, and sending the child to an after-care

organization (Section 40, the Juvenile Justice (Care and Protection of Children) Act, 2000).

The foster care may be used for temporary placement of those infants who are ultimately to be

given for adoption. After-care organisations (Section 44, the Juvenile Justice (Care and

Protection of Children) Act, 2000) are set up for the purpose of taking care of juveniles or the

children after they leave special homes, children homes and for the purpose of enabling them

to lead an honest, industrious and useful life.

A report is submitted by the probation officer or any other officer appointed by the Government

in respect of each juvenile or the child prior to his discharge from a special home, children’s

home, regarding the necessity and nature of after-care of such juvenile or of a child, the period

of such after-care, supervision thereof. (Section 44(c), the Juvenile Justice (Care and Protection

of Children) Act, 2000)

Restoration of a juvenile back to the society is very important for the reformation of the child

in conflict with the law and to make him/her into a model citizen. The government and non-

governmental organisations work together for the rehab of the juvenile. The core concern of

Prof. Mohd. Ashraf Department of Law AMU the correctional law for juveniles shifted from punishing for the alleged crime to make him

grievous of his actions and rehabilitating the juvenile.

International conventions and social activists demand child-centric activities and due diligence

on the case proceedings involving juveniles. Except for heinous crimes such as rape and

murder, the child is treated leniently and inquired away from the normal courts and conducted

in specifically constituted the Juvenile Justice Board. The law and statutes are continuously

updated and upgraded with the major concern towards the welfare of the child in conflict with

the law.

Though the evolution of juvenile laws going towards the welfare model, social activists still

feels yet more to be done in that field. They argue that importance should be given to social

upliftment and removing disparity in resource availability for child development, free

education, equal footing in opportunities and so on. “A well-nurtured society takes care of its

children” this notion is kept in mind when a child allegedly commits an offence and question

is asked whether the societal status forced him to it or the family upbringing is responsible for

it.

Hence, he/she treated leniently and removed from the environment where the offence

committed and put under proper care for relinquishing and understand the nature and gravity

of his/her actions and restored back to the mainstream society. We can understand the primary

motto of the juvenile justice (care and protection) act is to reform and not simply to punish the

child in conflict with the law. Mere punishing may lead to make the juvenile delinquent a serial

offender and a danger to society.

To avoid this scenario with the help of the non-governmental organisations and not for profit

social workers and voluntary service people the state nodal agencies run child care homes,

aftercare organisations, foster homes etc., and conduct programs to enable the child physically,

mentally and economically to support himself and fuse into the society seamlessly. Though the

laws, rules, regulations and guidelines exist in the paper the actual implementation at ground

level lacks proper execution.

State governments should allocate more funds to meet up the expenses of child welfare

programs and follow up and monitor the activities of NGOs through trained officials. More

Juvenile Justice Boards should be set up for each taluk and district and proportionately enough

homes also should be established by the government. A true society wants to get rid of crimes

should start the reformation from within. This starts with the rehabilitation of the estranged

young minds back to the path of righteousness.

Recommended Readings:

a) Sutherland and Cressey: Principles of Criminology

b) Barnes & Teeters: New Horizons in Criminology

c) Ahmad Siddiqui: Criminology; Problems & Perspective

d) Sethna: Society and the Criminals

e) N. V. Paranjape: Criminology and Penology

f) Sirohi: Criminology and Criminal Administration