JUVENILE DELINQUENCY

This article is written by Dakshita Singh of 1^st Semester of  Lloyd Law College, Greater Noida, an intern under Legal Vidhiya.

ABSTRACT

The upsurge is juvenile delinquency as an urgent social problem that deals with the offending behaviour of minors, that is, people below the age of eighteen. The Purpose of this research paper is to provide a detailed comprehension of juvenile delinquency and its problems. Accordingly, the different definitions of the term as well as its approximate causes, crimes, and other aspects relevant to individuals and the society in general are included. The legal context regarding the treatment of young offenders bears almost no resemblance to what governs adult offenders because the focus is towards their rehabilitation. This is symptomatic of the understanding that society has concerning the developmental psychology of adolescents.

KEYWORDS

Juvenile, substance abuse, rehabilitation, illicit drugs, socio-economic prevention

INTRODUCTION

Juvenile delinquency describes the involvement of juvenile individuals, usually people who are less than 18 years of age, in activities that are prohibited by any governing body. While this term can include many definitions of standards of behaviours, for purposes of this paper, juvenile delinquency shall be understood in a more social sense extending from lesser transgressions like abuse behaviours up to more criminal types of behaviour such as stealing, aggression, drug abuse activity, etc. Some jurisdictions are more specific than others in their definition of juvenile delinquency, but in most cases, it refers to actions that would amount to crimes if done by a person of eighteen years or older.[1]

There are several reasons that can be put forward to explain juvenile delinquency, social reasons, economic reasons, family reasons, and psychological as well. Socioeconomic status is a main one as in mostly rich families children or youth gain more beliefs and waning and do not value criminal behaviours than the poor youths do. Children from certain backgrounds may have increased rates of offending, as verticalized structures created by their environments, such as neighbourhood and school violence, lack of supervision, and access to education and recreation opportunities encourage crime instead. The structure of the family, the model of parental care, domestic violence and criminality of one or both parents, or other factors may greatly elevate the risks of delinquent behaviour among children.[2]

LAW AND STATUTES IN INDIA REGARDING JUVENILE DELINQUENCY

There has been a significant change in the attitude toward understanding child delinquents in the juvenile delinquency law in India obviously, with the evolution of laws pertaining to children and juvenile delinquents. The first laws to deal with juvenile offenders, such as the Summary Jurisdiction Act of 1879, recognized the fact that children below the age of seven cannot be offenders. The Probation of Offenders Act of 1907 authorized the courts to set free the convicted children provided they met certain requirements.

The Central Children’s Act of 1960 reiterated the efforts towards the protection of children with the provision of child welfare boards as well as children’s courts. However, the significant landmark was attained with the 1986 Juvenile Justice Act as it provided for the legal care, protection, treatment, development as well as rehabilitation of the juvenile offenders in a more systematic manner.

The Juvenile Justice (Care and Protection of Children) Act, 2000, replaced the 1986 Act and expanded the definition of children under 18. It also provided for the categorization of offences and the formation of Juvenile Justice Boards.

This act was further amended in 2015 to incorporate additional changes to the juvenile justice regime that included enhanced penalties for youth offenders committing serious crimes without disregarding the principle of rehabilitation and reintegration. This development is indicative of the uneasy compromise that exists between the need to protect the public and the respect afforded to the rights of young offenders.

CAUSES

Family Dynamics

A child’s behaviour and attitude are shaped largely by the external environment, with the family being the most basic yet important institution. Inside the family unit, parental impact is quite strong; concentrate on the supervision and discipline to develop the responsibility and the societal obligation. On the other hand, parents who are not involved or are lax tend to over-relax the children that they fail to enforce limits and hence, the children stretch boundaries. In addition, unreasonable and inconsistent discipline may lead to anger and refusal to comply. On the same note, emotional sustenance is crucial; children who do not form stable relationships may look for affirmation and acceptance from outside the family and hence resort to delinquent peers. The ways in which a family is structured have also been cited as a factor regarding delinquency; single parent families are at times subjected to financial and emotional strains which enhances the chances of engaging in delinquent behaviour. In addition, when there is high parental conflict, it can lead to disorganization which can cause the children to resort to other maladaptive behaviour as a way of coping with the situation.[3]

Psychological factors

There are psychological considerations when looking at juvenile delinquency. This includes aggressiveness, emotional development, personality traits, psychiatric disorders, and temper control. Many adolescents engage in behaviours that can be termed: problematic due to certain personality traits, for example, high in aggression, impulsiveness, and low in empathy. Psychiatric disorders related to anti-social behaviour such as conduct disorders and ADHD also aggravates delinquency. These may present themselves in form of aggressive tendencies, impulsivity and trouble with relationships. Cognitive development is also pivotal; For example, young people who have not developed, for instance, higher-level moral reasoning skills, will find it hard to make sound moral choices. This includes the ability to justify the act or downplay the significance of the act in relations of their conduct. Control of emotions is yet another important area because failure to do so may lead to uncontrolled rage or stress thereby resorting to delinquent behaviour or violence as a way of coping. Additionally, social learning theory stresses the role of the surrounding environment and situational contexts; For example, it is common for children to imitate behaviours they see in their environment especially those posed by their age mates and caregivers. So, the multiple psychological factors call for the need to formulate and implement psychosocial and cognitive rehabilitation programs for the youths within at risk populations to enhance mental health, emotional stability, and cognitive health beliefs and ensure that there are positive results for the targeted youths.

Social factors

Various societal factors are significant contributors of juvenile delinquency. Economic factors such as poverty, lack of educational facilities and lack of opportunities heightens the chances of delinquent behaviour. Being poor causes stress and frustration as well as a feeling of uselessness in kids and young adults. It also exposes them to risk factors that may lead to negative behavioural changes. Moreover, growing up in an environment where violence and criminal activities are common makes people more aggressive and therefore puts them at risk of taking up delinquent behaviours. In addition, lack of positive guidance or healthy means of improving one’s self can also cause juvenile delinquency. These societal issues tend to create a downward spiral, making it hard for the youths to skip the influences that encourage them to commit delinquent acts.

Economic factors

Economic factors play a paramount role in adolescent delinquency with multiple triggering elements accounting for the rate of youths in crime. The major economic cause here is poverty, which may be defined as a lack of basic human needs including finances for food, shelter, and clothing. Young people from lower class settings experience a lot of challenges that might propel them to delinquent activities. For example, the survival instinct may force such persons into criminality, engaging in acts such as stealing or drug trafficking in order to raise money for themselves or their family. Also, in poor areas, such delinquency may sometimes be seen as the only way to gain respect or even acceptance increasing their involvement in crime.

Unemployment too is a serious contributor to delinquency, especially in relation to families. The absence of labour can be a source of strain in the family if not managed wisely. In families where a high number of parents are unemployed, there are high chances of stress and other dysfunctions within as the parents try to take care of children within their means. This may lead to depression in the children where they resent or feel they have been neglected or left behind. Also, there is a problem of where to go for such youths during daytime and this only increases the chances of delinquent behaviour. In situations that have no organized ceremonies or adult supervision, young people turn to gang leaders in search of fun and or a family. Prolonged unemployment may also provoke the parents to engage in deception and other illegal practices, which may later on have an adverse consequence on their children.[4]

EFFECTS

It is important to understand that juvenile delinquency is more than a mere criminal behaviour, but rather an occurrence that affects the individual, family, community and society at large. To begin with, the first impression of the non-conformed youth involved in delinquent behaviour and refuses to adhere to acceptable behaviours or any other societal norms is unhealthy. People suffering from the label more so the youths and children in question are often neglected by the very societies which helped them develop the said internal constructions. Furthermore, delinquent behaviour tends to interfere with education because these children often get expelled or suspended from schools leading to the poor performance and high dropout rates. Such situations narrow down opportunities in the subsequent periods which is why it is also a vicious cycle and more so for the adolescent delinquents who later on change into adults; active criminals.

Juvenile delinquency, on the other hand, presents its fair share of risks within family structures where it leads to feelings of shame, guilt, and rage to the parents which leads to family disputes. Other members, particularly, the brothers and sisters may experience adverse effects in that they suffer from the negative effects of this behaviour or worse become delinquent individuals themselves. In more serious situations, due to the continued delinquent behaviours of the youth, there comes the time when these children have to be taken away from their parents and placed in foster homes or in institutions disrupting the normal functioning of the family unit. The high prevalence of juvenile delinquency in our societies also has consequences in that it instils a lot of fear and insecurity in communities forcing residents to feel unsafe, which in turn causes the communities to lack cohesion and trust. This can lead to a withdrawal from active participation in local affairs (community phobia) or in the case of high delinquency some areas may suffer from social stigma which lowers people’s perception of the area and even property prices thus making the place undesirable for investors and new tenants.

On the other hand, the social deviancy of teenagers has contributed to the elevated direct costs for the justice system reform. In particular, costs incurred with active policing, the court system, and treatment services for the underlying cause place a significant constraint on the available funds in the public sector. In addition, delinquent youths often find it hard to become employed because of their criminal records or lack of education, which results to economic losses that do not only affect the youths but the economy as a whole. What’s more, the implications of juvenile delinquency could be intergenerational in nature, as children of juvenile delinquents are more likely to engage in the same misconduct, creating a family and community cycle of disadvantage and crime. In order to combat these effects, which are very wide-reaching, it is necessary to adopt a very specific strategy which consists of a prevention, interventions and support systems that enhance better developmental outcomes for their offspring in the years to come.

From an economic point of view, one juvenile delinquency brought to the justice system has a heavy price tag, especially with funds used in the law enforcement, legal processes, and rehabilitation of offenders posing a heavy strain on the state’s coffers. In addition, youth who offend often do not educate themselves, or if they do, they have so many problems that they end up in the criminal justice system not able to obtain productive employment and contribute to the economy, resulting in economic losses to not only themselves but the nation as a whole. As these youth grow up and have children, such children may also become troubled influence or nuisance children resulting in a continuing cycle of disadvantage and crime in communities. In order to begin to address these issues, it is essential to take a broad view and provide preventive action, rehabilitation and support services for healthier development of the next generation.[5]

LANDMARK CASES

There have been numerous landmark decisions which have influenced the concept and implementation of juvenile delinquency law in India. These have mostly attracted sensational issues and conflicting legal strategies.

The following are some noteworthy instances:

Nirbhaya Case: Even though the principal perpetrators were adults, the arrest of a minor also engaged in the act opened the floodgates of controversy of criminal age in the country. This case also resulted in the amending the Juvenile Justice Act, 2015, to make provisions for the transfer of cases involving juveniles charged with heinous crimes to the adult courts.[6]

Jitendra Singh @ Babboo Singh vs The Hon’ble Supreme Court: The case pertained to a young boy who was the juvenile offender sentenced by the lower courts. The Supreme Court sustained the conviction but also pointed out the importance of the consideration of the age of the juvenile and the factor of rehabilitation.[7]

Sheela Barse & Anr. V. Union of India & Ors.: This brought about major changes in the juvenile justice policy, including the setting up of children’s homes and the focus on reforming young offenders.[8]

PREVENTION

Addressing juvenile delinquency is not an easy task and many measures would need to be taken. Such measures would target families, schools, communities and government agencies, among other stakeholders. Good prevention strategies would aim at the prevention of delinquency by tackling the root of the problem by addressing the needs of marginalised youth as well as creating a healthy and conducive environment for development. (Ms. Abhilasha Belwal, 2016)[9]

Family-based prevention

The effectiveness of prevention strategies that work with the family is paramount because supportive families are protective factors for all youths. Parents can enhance family cohesion by practicing open communication, providing emotional support, and establishing and enforcing limits. Programs, where parents are taught specific skills in parenting, can help parents with effective methods of resolving conflicts and controlling their children’s behaviour without resorting to corporal punishment. Family therapy is also useful in improving relationships especially in identifying and addressing other issues such as drugs and mental health which predisposes the individual to delinquency. Improved communication, respect & And resolution of conflicts can create a positive atmosphere within the family. In addition, parents participating in the life of their children—going to their schools or activities—helps children feel needed somewhere and decreases the chances of unwanted behaviour. More importantly, it is also necessary to instil positive morals, such as responsibility and respect. Families must practice such behaviours, and especially, teach children, the concept of compassion. Last but not least, illness or the lack of it, professional moral support can always be of great help in solving the problems of parents. All of these interventions work together, thereby helping the families to cut down chances of juvenile delinquency in their children while also promoting healthier growth of the children.

Community-based prevention

Community-based strategies are critical in combating juvenile delinquency, as they create conditions that keep the youth engaged in non-destructive activities. After-school programs where kids can play sports, engage in arts, or get help with studies can be one such strategy. At such instances, the youths are able to channel their excess energy and creativity in a productive way thus minimizing the chances of participating in any delinquent activities.

Mentoring programs are also fundamental as they seek to connect at-risk youth with respectful adults who would assist them in one way or another. It such relationships that can help youths face the tough times and the choices they might have to make in their lives thus helping build self-respect and resilience in the young people.

Engaging communities in activities such as clean-up campaigns and community services foster responsibility and a sense of belonging in young people. Moreover, the involvement of young individuals in such activities encourages them to connect with the community and helps curb delinquent behaviour.

In addition, the sharing of information and resources within local units, schools and law enforcement regularizes the prevention of these activities – juvenile delinquency – further. When as strong as the community life network that develops conducive environment for every child, the community greatly undermines factors that cause juvenile delinquency and enhances the wellbeing of children.

Government policy-based prevention

Three critical approaches to combating juvenile delinquency by governments are the creation of evidence-based programs and services to support the provision of the programs and services necessary to address the vice. One such tactic is the introduction of legislation which supports protective and preventive – early interventions such as financing after school activities, mentoring programs and even family counselling. Legislation’s prescription is also possible through ensuring that there are statutes that tackle issues such as poverty, illiteracy or unemployment which are known to be the triggers for delinquent behavior among the youth.

They can also develop policies for the purpose of implementation of community-based programs such as providing support and finances to the local groups who deal with the youth who are likely to engage in deviance. Also, the governments can arrange for collaboration with the schools, the police, the community and other relevant organizations where such support can be rendered in the prevention of the problem.

On the other hand, policy measures can also be focused on problems that exist in the society, for example racial or socioeconomic inequality in the juvenile justice department. Reducing extreme exclusionary attitudes will help reduce crime rates among these groups. Looking at the situation from a different angle, if governments then focus on education and social inclusion or demand side factors, the rates of juvenile delinquency can be controlled. There are also measures that can enhance the recovery of effectiveness while rehabilitation support policies.

Economic and social

An economic and social approach to the problem of juvenile delinquency is important since it seeks to prevent factors that lead the children to crime in the first instance. One of these factors is economic stability; families with stable jobs and income are able to take care of the children’s needs, therefore minimizing tensions within the family unit. Initiatives that provide job training, education, and health care can help families uplift their social status and therefore, become more conducive for the Growth of adolescents.

The other area of focus in social prevention is the development of strong community interrelations and support structures. Activities enhancing interaction within a community such as a community centre or youth clubs help young people engaging in constructive activities and keeping them out of delinquent activities. They create an environment where young people possess a purpose and feeling of belonging, an aspect which minimizes anti-social behaviour.[10]

On the other hand, there are also social problems that need to be addressed for instance, discrimination, inequality and lack of education. Such policies assist in most cases because they are aimed at correcting the injustices directed to or benefiting most of the oppressed children. Allocating resources towards economic stability, matched with social stability presents a multifaceted approach towards the reduction of the tendency of juvenile delinquency. In the long run, enhancing these two elements will produce more constructive youths and healthier communities.[11]

EDUCATION

The education system is crucial to guide the youth in their everyday lives as well as their future aspirations, and its weaknesses can lead in most instances, to delinquency among juveniles. The issue of education and the impact that it has on delinquent activities is addressed primarily by availability and the quality of educational resources. In several very poor regions, schools tend to be underfunded hence the facilities in these schools may be far from enough, like in the case of many students present, old books in the library, and unqualified instructors. This leads to educational inequality which to academic transcending failures which creates hopelessness and irritation among the scholars. Younger people, when faced with the restriction of the success of certain goals also chose to drop out of school and instead take part in delinquent actions for thrill seeking or validation.

Furthermore, the specific context of schooling may lead to delinquency via disciplinary procedures employed at schools. Disadvantaged students are often subjected to more severe consequences for low-level offenses, which increases their risk of becoming involved with the juvenile justice system. This is referred to as the school-to-prison pipeline, which shows how aggressive discipline can serve to exclude students, thereby, increasing their criminal tendencies. They are likely to be denied help and may be pushed to the walls, which will lead them to delinquent behaviour as an escape strategy.[12]

Substance abuse

One of the major factors is the abuse of illicit drugs, which affects the decision and the subsequent behaviour of the children. Specifically, drugs and alcohol have a direct effect on adolescents’ ability to make sound decisions and may at times drive them into engaging in illegal or outright dangerous behaviour, for example, theft or violence, with the risk of ‘breaking the ice’ shield gone. Furthermore, some of the substances heighten aggression and impulsiveness which causes fights and other delinquent behaviour. There are social aspects as well, for instance, peer pressure parents up to a certain extent because many adolescents may engage in the habit of drugs and alcohol in the efforts to fit and be accepted in that group furthering the delinquent behaviour. The structure of the family is another factor; adolescents who have grown up in a home that condones the practice of drugs and alcohol may find it difficult to accept this idea in practice thus engage in drug abuse. Additionally, many adolescents who take drugs are usually diagnosed with other co-occurring disorders such as anxiety or depression that may compel them to take drugs as a way of alleviating their symptoms encouraging further acts of delinquency. Additionally, poverty and the lack of economic development in a particular area will determine whether or not there will be drugs available. Usually in most needy areas, easier access to hard drugs and alcohol is very likely. Urban Communities, which have active, positive engagement opportunities typically do not lead to substance abuse. However, the youth living in such urban societies do not have positive engagement options which can leave them with a few, if any, constructive avenues thus boredom or stress may drive them to substance use. In connection with this, while the primary issue of delinquency prevention in adolescents is the abuse of substances, it is not surprising that such behaviour is not limited to delinquent acts. This is because drug-related legal problems in addicted youth will commonly worsen rather than improve in the long-run, embroiling them deeper into crime and ultimately, incarcerating them. Interventions to reduce substance abuse in young people are important to reduce delinquent behaviours and promote a healthier growth process.

CONCLUSION

The issue of juvenile delinquency is a multi-faceted problem based on different social, economic and family factors among others. It is therefore important to appreciate these factors in order to formulate any preventive and more so intervention strategies. Society aiming more for rehabilitation and support services can work on reducing juvenile delinquency and enhancing the protection of children. Most importantly, the effective approaches have to also target the causes of the problematic behaviours in the youths if the changes are to be durable and meaningful rehabilitation of the young people achieved.

REFERENCES

1. Anon., n.d. geeks for geeks. [Online] – Available at: https://www.geeksforgeeks.org/juvenile-delinquency-meaning-causes-types-and-faqs/
2. Jitendra Singh @ Babboo Singh & Anr vs State Of U.P (2013) Supreme court of India.
3. Juvenile justice in India with special References to Nirbhaya Juvenile (2022) Meghna vesvikar.
4. Ms. Abhilasha Belwal, M. A. B., 2016. JUVENILE DELINQUENCY IN INDIA. [Online]- Available at: http://docs.manupatra.in/newsline/articles/Upload/B4443CDC-5144-4816-946C-7C5EBE5122FC.pdf
5. Sheela Barse & Ors vs Union Of India & Ors (1986) Supreme Court of India.
6. Singh, K., n.d. Legal service India E-JOURNAL. [Online]- Available at: https://www.legalserviceindia.com/legal/article-7605-juvenile-delinquency-causes-effects-prevention-and-rehabilitation.html#google_vignette
7. Zai, A. F., 2020. RESEARCHGATE. [Online] Available at: https://www.researchgate.net/publication/378856822_Juvenile_Delinquency_A_Global_Challenge_in_Modern_Society

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[1] Singh, K., n.d. Legal service India E-JOURNAL. [Online]

Available at: https://www.legalserviceindia.com/legal/article-7605-juvenile-delinquency-causes-effects-prevention-and-rehabilitation.html#google_vignette

[2] Anon., n.d. geeks for geeks. [Online]

Available at: https://www.geeksforgeeks.org/juvenile-delinquency-meaning-causes-types-and-faqs/

[3] Zai, A. F., 2020. RESEARCHGATE. [Online]

Available at: https://www.researchgate.net/publication/378856822_Juvenile_Delinquency_A_Global_Challenge_in_Modern_Society

[4] Ibid

[5] Supra Note 1

[6] (Juvenile justice in India with special references to Nirbhaya juvenile, 2022)

[7] (Jitendra Singh @ Babboo Singh & Anr vs State Of U.P, 2013)

[8] (Sheela Barse & Ors vs Union Of India & Ors, 1986)

[9] Ms. Abhilasha Belwal, M. A. B., 2016. JUVENILE DELINQUENCY IN INDIA. [Online]

Available at: http://docs.manupatra.in/newsline/articles/Upload/B4443CDC-5144-4816-946C-7C5EBE5122FC.pdf

[10] Supra Note 1

[11] Supra Note 3

[12] Supra Note 9

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