Children are greatest national asset and resource. Children should be allowed and provided opportunity to grow up to become robust citizens, physically fit, mentally alert and morally healthy, endowed with skills and activations needed by the society. Equal opportunities for development to all children during the period of growth should be provided for reducing inequality and ensuring social justice, which in turn would serve as an effective tool to curb delinquency in juveniles. Delinquency should not be considered as we consider a disease but rather as the symptom of a disease. Delinquency, like truancy or incorrigibility, is but a symptom picture of underlying conditions the roots of which may be found in the family life, the school adjustment, or the environmental background in the community, and sometimes in physiological or psychological aspects of the child’s personality. In dealing with the delinquency problem, from the standpoint of the school or any other agency, one deals with the problem of a symptom which may have any one or more of many different causes. Moreover in dealing with delinquency or any other symptom one does not correct the problem until fundamental causes are found and corrected or alleviated, even though some measures may temporarily allay the symptom.[1]

The Object of this Article is to streamline the child and bring him into the mainstream. Right from the School Delinquency, if the child is not given proper care and protection on time then they will be converted into criminals. The Schools have both positive as well as negative impact on the psyche of the child. Here in this Article I will discuss only the negative impact of schools on the day to day life as well as on their future life. Schools play an important role in the shaping of the child’s future. There is a sane saying “Opening of one school means a prison will be closed.” In this Article I will also discuss about our own Legislations on the child delinquency. The constitution of India contains express provisions relating to the protection and care of children. Our constitution confers power and imposes duties under clause (3) of Article 15, clauses (e) and (f) of article 39, Article 45 and Article 47 on the states and the Union Territories to ensure that all the needs of the child are met and their basic human rights are fully protected.

Juvenile Justice (Care and Protection of Children) Act, 2015 is a medium for the state to honour the directive principles of the state policy (DPSP) particularly under Article 39(f) of the constitution by giving opportunities to children to develop in a healthy manner and in conditions of freedom and dignity. Indeed, though the DPSP are fundamental to the governance of the country, they are not enforceable. However, once a DPSP is enforced through the state law must be obligated to enforce the statute to uphold its constitutional obligation.[2] Juvenile Justice (Care and Protection of Children) Act, 2015 is a special Act and shall prevail over IPC to the extent of inconsistency[3]

International Conventions and Rules governing child delinquency

• Convention on the Rights of the Child, 1989
• United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules)
• The United Nations Rules for the Protection of Juveniles Deprived of their Liberty, 1990
• The Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption 1993.

Juvenile can be defined as a child who has not attained a certain age at which he, like an adult person under the law of the land, can be held liable for his criminal acts. The juvenile is a child who is alleged to have committed /violated some law which declares the act or omission on the part of the child as an offence. Juvenile and minor in legal terms are used in different context. Juvenile is used when reference is made to a young criminal offenders and minor relates to legal capacity or majority[4]. The concept of the juvenile varies from State to State for convenience. In the United States, State juvenile courts with delinquency jurisdiction handle cases in which juveniles are accused of acts that would be crimes if adults committed them. In 45 states, the maximum age of juvenile court jurisdiction is age 17. Five states– Georgia, Michigan, Missouri, Texas and Wisconsin–now draw the juvenile/adult line at age 16. Missouri rose the age of juvenile court jurisdiction to age 17 in 2018 and the law will go into effect January 1, 2021. Michigan rose the age of juvenile court jurisdiction to 17 in 2019 and that law too, will go into effect in 2021[5]. Indian Law, child in conflict with law means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence.[6]

Schools As Delinquent Producing Institutions

The school has the closest contact with most children over the longest period of time. Bad schooling which includes cruel treatment by teachers creates hatred and frustration among the school going children which forces them to leave the school and take the path of delinquency. There can be many reasons of violent activities including:

• Psychiatric issues
• Genetics and Environment
• Exposure to violence:
• Poor School Performance
• Early Aggressive Behavior
• Continued Failure
• Continued Frustration
• Curriculum:
• Child Abuse
• Atmosphere of School
• Peer Group

Positive steps which will help to reduce Juvenile Delinquency

1.Parents should be aware of the psychology of delinquency so that they may treat and handle their children with understanding and provide them an appropriate environment for the satisfaction of their basic needs and urges.

2. Parents should keep good relations with their children. The good habits and moral values developed in early infancy leave permanent impressions on the behavior of adolescents.

3. Parents, family members and school authorities should keep a close watch on the activities and social environment of the children and know the company of their children because peer group or friend circle could lead an innocent child to become a juvenile delinquent.

The voluntary organizations/clubs should educate the localities regarding the harmful effects of drugs and other substances. They should distribute pamphlets showing how anti-social acts destroyed individuals.

4. Through radio and television, interview with the ex-delinquents including their brief life sketches to share better experiences which will serve as an eye opener to other youths.

5. Government run rehabilitation centres should provide guidance and counselling with a very subsidized rate which can established to attract the juvenile delinquents who could not afford to costly NGO run centres.

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[1]. Edward H. Stuilken, The Schools And The Delinquency Problem Journal Of Criminal Law, Criminology, And Police Science vol 43 No.5 p. 564

[2]. Exploitation of Children In Orphanages, In re, (2017) 7 SCC 578

[3]. Independent Thought v Union of India, (2017) 10 SCC 800

[4]. “Childstats.gov – America’s Young Adults: Special Issue, 2014  Contraception”.childstats.gov.

[5]. https://www.ncsl.org/research/civil-and-criminal-justice/juvenile-age-of-jurisdiction-and-transfer-to-adult-court-laws.aspx. Retrieved on 20.04.2020.

[6]. Section 2(13) of Juvenile Justice (care and protection of children) Act, 2015

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Author: Umar Bashir

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