Law and You> Criminal Laws > Juvenile Justice Act, 2015 > Juvenile Delinquency
The term ‘juvenile delinquency’ refers to a large variety of behavior of children and adolescents which the society does not approve and for which some kind of admonishment, punishment, or preventive and corrective measures are justified in the public interest. Juvenile delinquency refers to the failure of children and youth to meet certain obligations expected of them by the society in which they live.
According to Walter Reckless (1957), the term juvenile delinquency applies to the violation of criminal code and pursuit of certain patterns of behaviour disapproved off or children and young adolescents.
Concept of Juvenile Delinquency:
In U.S.A., a federal agency, the Children’s Bureau, uses a legal definition of delinquency in its reports (Juvenile Court Statistics (1971), ‘U.S. Dept. of Health’ Washington D.C. p. 7) : “Juvenile delinquency cases are those referred to courts for acts defined in the statutes of the state as the violation of a state law or municipal ordinance by children or youth of ( juvenile court age or for conducts of seriously antisocial as to interfere with the rights of others or to menance the welfare of the delinquent himself or of the community. This broad definition of delinquency includes conduct which violates the law only when committed by children e.g. truancy, ungovernable behaviour and running away.”
In England, the juvenile delinquency refers to any act done by a juvenile to the violation of a penal statute and in addition to this, if any child is brought before a juvenile court by the police constable or by children’s department of a local authority if they have reasonable grounds for believing him to be in need of care, protection and control.
In India, the concept of Juvenile delinquency is clear and confined to the violation of the ordinary penal law of India so far as the jurisdiction of the juvenile court is concerned. The present law which governs the juveniles who are in conflict with law and children who are in need of care and protection is called the Juvenile Justice (Care and Protection of Children) Act, 2015. The Juvenile Justice Act, 2015 replaced the Juvenile Justice (Care and Protection of Children), 2000, so that juveniles in conflict with the law, involved in Heinous Offences, can be tried as adults. The Juvenile Justice (Care and Protection of Children), 2000 was enacted to replace the Juvenile Justice Act, 1986, which was in conformity with the UN Standard Minimum Rules for the Administration of Juvenile Justice (also known as Beijing Rules. 1985).
The Juvenile Justice (Care and Protection of Children) Act, 2000, was primarily designed to give effect to the provisions of the UN Convention on the Right of the child, 1989 (ratified by Indian December 1992). The Convention laid stress on the social reintegration of child victims, to the extent possible, without resorting to a judicial proceeding. In the Juvenile Justice (Care and Protection of Children)Act, 2000 the term ‘delinquent juvenile’ used in the earlier Juvenile Justice Act 1986 has been substituted by the words ‘juvenile in conflict with the law.’ The children who are incorrigible, uncontrollable, destitute or orphans, etc. who need active support and care of the community and who need active support and care of the community and who were termed as ‘neglected children’ under the repealed Juvenile Justice Act of 1986 have been called as ‘children in need of care and protection.
“Juvenile” or “Child” means a person who has not completed eighteen years of age. The Act prescribes a uniform age for both boys and girls.
The conduct which tends to constitute an offence, not only from the legal standpoint but also from the angle of prevalent social norms and values shall be included within the meaning of the terms ‘delinquency’. For example, smoking, begging, vagrancy, etc. being harmful for the growing children are intended to be controlled be the enforcement of the Act.
Causes of Juvenile Delinquency:
Juvenile Crime is not naturally born in the child but it is largely present in him because of the surroundings that he is brought up in, his own absurd actions, or simply lack of discipline and proper education. The following are some causes of juvenile delinquency.
Unplanned Urbanization:
Industrial development and economic growth has resulted in urbanization. Which in turn resulted in the migration of large population from village to urban area. It resulted in new problems such as housing, slum dwelling, overcrowding, etc. The high cost of living in urban areas makes it necessary even for women to take up outdoor jobs for supporting their families financially. This results in the neglect of children and ineffective or almost nil parental control. The temptation of luxuries of life lures young people and they may act in the wrong way to satisfy their wants. Thus unplanned urbanization is one of the important causes of juvenile delinquency.
Economic Problems:
Most of the time, the cause of juvenile delinquency is economic problems in the family. Youth belonging from poor economic status easily get involved in criminal activities. The failure of parents to provide necessities of life such as food, clothing, etc. draws their children to delinquency in a quest for earning money by whatever means. The intention to change the economic status fast by any means results in juvenile delinquency.
Family Problems:
For the full and harmonious development, of their personality, children should grow up in a family environment, in an atmosphere of happiness, love and understanding. The family has more influence when the child is young, as the child reaches adolescence, the peer group becomes increasingly important as an influence on behaviour.
Children learn basic concepts about good and bad from their family, they make their values and set the norms of society. Thus a family is a socialization school for the children. Parents and siblings have a great role in shaping the personality of the child.
The disintegration of joint families, broken families, single-parent families, separated families, frequent parents fight, lack of trust and confidence among the parents, criminal parents, psychological problems in parents, siblings rivalry, or unequal treatment between children may become reasons behind juvenile delinquency.
Psychological problems like depression, frustration, aggression, or hyper behaviour in parents or siblings can result in juvenile delinquency. In such a case, the child feels deprived and inferior among friends. There is a chance that children may adopt depression and anger from parents or elder siblings. Thus psychological problems in the family may result in juvenile delinquency.
In many families and religious societies parents or elder siblings are involved in various social problems like gender discrimination, age discrimination, racial discrimination, child labour, etc. Some parents do not take care of their elders, and it is a known fact that such children who see their parents disrespecting their elders, their children never respect their parents and elder siblings.
A parenting style has a large impact on the behaviour of children. Autocratic parents are sometimes very harsh and they punish their children for small issues. Children start disrespecting such parents and may become violent. Such children start behaving harshly with others.
Inefficient Education Infrastructure:
Due to poor education infrastructure classrooms are very small. Less number of teachers are available. The classrooms concentrate a large number of children in a small area for a major part of their day. Misconduct in school ranges from discourtesy to teachers to vandalism, assault, drug use, and alcohol abuse. Other problems observed are the use of obscene language, cheating, lying, petty theft, weapon possession, etc. Many schools themselves handle most of the misconduct through relatively well-developed discipline and observing policies.
Neighbourhood:
After the family and school, he spends the rest part of the day in the company of neighbors. An antisocial neighborhood can contribute to juvenile delinquency.
Peer Groups:
The peer group is an informal network of individuals of similar age
and generally formed spontaneously in areas where children readily meet
and interact. Habits of children and their friends such as stealing and smoking, gambling and smoking, consuming alcohol, and smoking are generally found among such peers.
Unemployment:
Not merely regular employment, but satisfactory employment is needed to keep a man away from crime. Unemployment increases poverty, inequality and resentment against society. Repeated rebuffs and disappointment sin getting a job makes a man antisocial. Thus unemployment can be considered as one of the reason for juvenile delinquency.
Prevention of Juvenile Delinquency:
- Identify juveniles which show delinquent behaviour.
- Provide them with the right treatment.
- Don’t treat them like hard-core adult criminals.
- Stop them from committing the offences so that they should not become habitual offenders.
- Provide assistance to such children and his/her family from the beginning
- Instead of punishment, use the concept of welfare, development and growth of the juveniles should be used.
- The delinquency can be prevented through counselling, psychotherapy and proper education of such juvenile and his family.
- Some employment, educational and rehabilitation techniques should be used to help them to live a respectable life.
Distinguishing Between Juvenile Delinquency and Crime by an Adult:
| Juvenile Delinquency | Crime by an Adult |
| Offences committed by a juvenile are called delinquent acts | Offences created by an adult are called crimes. |
| In the case of a delinquent juvenile, there is “adjudication hearings” | In case of adult committed a crime there is “trials” |
| Juvenile offenders undergo adjudication hearing in the Juvenile Justice Board. | Adult committed a crime undergoes trial in ordinary court of law. |
| If found guilty, the juvenile is referred as adjudicated delinquent. | If found guilty, the adult committed a crime is called a “convict”. |
| The juvenile court is much more focused on the rehabilitation of the juvenile. There is more emphasis on treatment, therapy, and education rather than just punishment. | IN case of the adult committed a crime, a punishment is pronounced. |
| Juvenile court hearings are closed to the public and typically, only the lawyers, probation officer, the child, and family are present in the courtroom | In most of the cases in case of adult committed a crime, all hearings in the Court are open to the public. |
Conclusion:
The youth is regarded to be one of the greatest assets of a country. They are required to be groomed well for the future of any country. But due to social and economic inequality, family problems, and peer pressure some children start with petty crimes and it may lead to some hard and serious crime. Juvenile delinquency refers to the failure of children and youth to meet certain obligations expected of them by the society in which they live. It is in the best interest of the deviant child to rehabilitate him as early as possible an integrate him back into society.