Juris Centre

Unfolding Juvenile Delinquency in India

  “Juvenile delinquents are not born criminals but have succumbed as a     result of being victims of neglect-parental or societal. Every citizen owes a duty to the child” –Justice BV Nagarathna.

The recent Pune Porsche crash case has prompted us to dive deeper and unfold the root causes of ascending juvenile offenders in the country. In this scenario, it is pertinent to note that a crime can be committed by any child: rich-poor, educated-uneducated, child ‘really’ or ‘apparently’ living with parents, and so on. It is very disheartening to see that everyone wakes up to reality after the alarm has gone off too long before. A major section of society often just focuses on the superficial aspect of this issue- everyone is aware of the crimes juveniles are indulging in but not why they are doing so. This partial approach to the problem is even evident from the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereafter referred to as the JJ Act) under which a juvenile’s age may be lowered from 18 to 16 years in exceptional circumstances[1]. In the author’s opinion, this is a flawed approach. Reducing this age in exceptional circumstances as per the JJ Act was a mistaken step. Just relying on the legislative aspect is not going to help but, in reality, a multi-dimensional approach is the need of the hour. We should consider other factors which are turning a juvenile into a juvenile delinquent. It must be borne in mind that a part of the solution cannot be treated as an absolute panacea.

REASONS LEADING TO JUVENILE DELINQUENCY

The surroundings and society have shaped the young offenders into individuals who were not born with animosity, fury, or hatred[2]. Consequently, one cannot expect a child to know the demarcation between right and wrong. The author will not be incorrect in stating that the phrase “juvenile delinquency” itself indicates that offences and crimes are being committed by such a person who, in many cases, is not mature enough to know the consequences of such activities. In these circumstances, it becomes crucial for the concerned authorities and stakeholders to understand and counter the core reasons to facilitate the rehabilitation of juveniles. This section of the article will describe some major reasons leading to juvenile delinquency:

  1. FAMILY: Undeniably, parents/guardians develop the foundation of their child. Thus, directly or indirectly, familial conditions are responsible for a child’s upbringing. Now, this “family” reason can be bifurcated into scenarios where a child has either illiterate or literate parents as this will ultimately help in understanding the situations of a juvenile offender (keeping in mind their socio-economic status).
  2. Illiterate plus socio-economically weaker parents: There are innumerable instances in which, unwillingly, parents have to leave their children on their own: being socio-economically weaker leaves parents illiterate, forcing both of them to do minimal wages work and in turn again continuing as socio-economically weaker. Being helplessly trapped in this loop, parents are left with no other choice. In these situations, with no one to look after them, children find their ways of surviving which generally end up on the opposite side of the law. These parents willingly do nothing which would turn their children into criminals but the situation does.
  3. Literate plus socio-economically stronger parents: Generally, in metropolitan and urban areas of India, a large number of families have both earning parents. As a result, children are left either on their own or with maids and that too with digital facilities. It is understandable how children are going to grow up out of their parent’s shadow.
  4. LACK OF EDUCATION: A child’s brain is just like a soft clay. It can either be moulded into a criminal one or can be given a literate and respectable shape. Apart from reasons like lack of interest and family background, poverty is a major one. Children from poor families don’t get an opportunity to get educated and secure sufficient earning opportunities. These persons, both as a minor and an adult are more susceptible to criminal activities. Eventually, crime becomes a mode of survival for them[3].
  5. SOCIAL MEDIA AND PEER PRESSURE: The harmful effects of social media and peer influence are intertwined and separate, both at the same time. Many children lack their parents’/guardians’ supervision while using social media and other digital platforms. It is natural what kids see is how they will act. Lack of patience and intolerance is growing among children and they have started to indulge in harmful activities as a way to gain superiority.

Several studies have accounted for peer influence as a major influence as a major factor that initiates criminal behaviour among children[4]. Even several real-life examples lead to a common conclusion- delinquency among children sprouts among groups and gangs. Children know what friendship is but they cannot distinguish between a good and a bad one.

DEFICIENCIES IN THE JUVENILE JUSTICE DELIVERY SYSTEM

Successful implementation of the JJ Act and effective delivery of juvenile justice cannot be achieved by any single solution. As stated earlier, it needs a multi-dimensional approach. Sadly, we haven’t been able to look after every pillar on which the future of our nation’s children depends.

Below mentioned are some major shortfalls which our juvenile justice system is currently facing:

  1. The concerned authorities focus on the juveniles as individuals when caught. In several cases, these children are a part of gangs and work for them. Sending these children to rehabilitation centres is not going to help until they are completely detached from the roots of the problem. These gangs must be tracked and strict actions should be taken against them.
  2. The juvenile justice system many times lacks the support of other stakeholders. There is indeed lack of infrastructure and resources regarding the same in our country but this responsibility must be shared with NGOs and other organizations. They must take active steps to keep these children on the right track once they are out of rehabilitation centres.
  3. Parents and guardians of children are not held legally accountable if they commit any offence/crime[5]. It is worth to note that strict actions are taken against a minor’s parents if he/she is found driving on the road. It is quite startling to note that India’s legal landscape fails to take this into account.
  4. It has been observed that the Act’s enforcement structure majorly focuses on juvenile delinquents and not on children in need of support[6]. It must not be forgotten that the JJ Act aims to serve broadly two groups of children: children in conflict with the law and children in need of care and protection of law[7].
  5. The juvenile justice enforcement system in India fails to work on the root causes of juvenile delinquency. A lot of efforts are urgently needed to work on relative factors like poverty, illiteracy, etc.

WHETHER LOWERING A CHILD’S AGE FROM 18 TO 16 YEARS WILL HELP?

It is evident from the JJ Act and still an ongoing uproar to lower a juvenile’s age from 18 to 16 years. For instance, a member of the Juvenile Justice Board argued that the age of juvenile offenders in India should be lowered to 16[8]. This approach is based on the mistaken assumption that amending the age would act as a stopper to the increasing juvenile delinquency. It must be kept in mind that times are constantly changing. The age and maturity level of a child are significantly different factors. Associating both of these factors may lend the child as well as the authorities in trouble. Below mentioned are a few significant reasons which, in author’s opinion, justify that reducing a child’s age is not a plausible solution to the issue at hand:

  1. The age factor is being demanded to be reduced so that children would stop indulging in heinous crimes (the JJ Act defines an act as a heinous crime which carries more than seven years of punishment). But there is no guarantee that after this amendment regarding the age, a child will stop indulging in those heinous[9].
  2.  It must be kept in mind that lowering the age of a child to 16 years as per the JJ Act would possibly demand fundamental changes in other legislations too, i.e., age of a child should be lowered there too. Not doing this may give rise to discriminatory behaviour- considering a child mature enough to commit crimes but not enough to give him other rights.

SOME REAL-LIFE CASE STUDIES OF JUVENILE DELINQUENTS AND POSSIBLE SOLUTIONS

A lot of plans and research will work out when one is aware of why and how a child turns towards crime. Delving into real-life cases is very crucial because these help in understanding the mens rea behind a juvenile delinquent.

Below are a few examples which the authorities did encounter[10]:

  1. A 16-year-old boy named Shaikh living with his mother and two younger siblings (after his parents got separated) got addicted to drugs. He along with friends even committed thefts to fund their addiction. One day, police were successful in getting hold of this boy and sent him to the rehabilitation centre. Shaikh is among those fortunate kids who have been brought onto the right track with the help of counselling and rehabilitation facilities.
  2. Rafiq, a boy of 16, was also indulged in drug addiction and petty offences. But unlike Shaikh, counselling, rehabilitation centres and NGOs were not able to pull him out of addiction. Juveniles like Rafiq are more vulnerable to addiction due to easy the availability of such items in their area.
  3. A group of children revealed to the officials during counselling that they are exploited by a group of criminals and drug peddlers. These groups make these children addicts to make them work according to their groups’ demands.
  4. Children are directly influenced by the culture prevailing in their areas. The authorities also got to know that committing crimes is a way to gain the symbol of status. So, these children are allured to walking on the opposite side of the law.

These are just a few ice-breaking instances to know the reality of juvenile delinquency. It takes not much time to turn innocent and gullible children into big criminals. The author will now discuss some possible ways and approaches to restrain the increasing rate of juvenile delinquency in India:

  1. The government must ensure better infrastructure, resources and well-trained staff. The quality of staff at various junctures in the system is of utmost importance because ultimately, they would be responsible for the future of children.
  2. NGOs and other child-rights centred organizations need to play an active role. These must regularly engage with “children in conflict with law” and even their parents for counselling. If such a child belongs to an economically weak background, NGOs must show active concern towards his education and other necessities of life. Although, Self Help Groups (SHGs) function for an altogether different cause, but, if possible, NGOs may also ask for their help.
  3. Regular awareness drives should be organized by the NGOs and authorities. Particularly, such families should be identified which are not able to send their children to schools due to poverty. They must be made aware of how NGOs can help them regarding this.
  4. Police must be very alert regarding any availability of illegal drugs and other such substances in their areas. Any single clue of drug peddlers and associated groups should not be ignored.
  5. Literacy drives and poverty alleviating programmes should be regularly conducted so that these root causes can be worked upon.
  6. Parents should not play a passive role in their children’s life. Just providing them with all the needed resources is not enough. There must be an active two-way communication and engagement.
  7. There should be speedy disposal of cases under the JJ Act. More delay will only make things worse.

CONCLUSION

It should be very clearly understood that the growing concerns of juvenile delinquency cannot be looked upon from a single lens of solution. Enactment and enforcement of legislation is one thing, and its implementation is a whole different scenario. The prevailing situation can be improved when it is taken care of from the roots. Every child’s situation who is caught in the web of crimes should be properly understood and all the stakeholders involved in the process should work with unity and accountability. Proper implementation of the Act and timely rehabilitation facilities can prevent a juvenile offender from becoming an adult criminal. Although the juvenile crime rate is on the rise but things are still in our hands. After proper groundwork, a full-fledged and multi-dimensional approach must be adopted sooner. All the stakeholders involved in the juvenile justice system- be it the parents/guardians or the authorities, will have to assume accountability in the children’s lives to control the problem of juvenile delinquency. Ultimately, we must recognize that juvenile delinquents are not born as such but are shaped by their circumstances. By addressing these issues with compassion, wisdom, and a commitment to long-term solutions, we can not only reduce juvenile crime but also nurture a generation of youth who are empowered to contribute positively to society.

[1] Mr. Atul S. Jaybhaye, Critical Analysis of Juvenile Justice System in India, BHARATI L.R. 103, 104 (2017), https://docs.manupatra.in/newsline/articles/Upload/85D28740-6B71-4969-970D-18EDDC7E245B.pdf.

[2] Ms. Abhilasha Belwal and Mr. Ashish Belwal, Juvenile Delinquency in India, BHARATI L.R. 314 (2016), https://docs.manupatra.in/newsline/articles/Upload/B4443CDC-5144-4816-946C-7C5EBE5122FC.pdf.

[3] Criminal Advocate, https://criminaladvocate.in/understanding-juvenile-crime-in-india-causes-consequences-and-solutions/#:~:text=sense%20of%20belonging.-,Social%20Factors,one%20way%20to%20gain%20acceptance. (last visited June 10, 2024).

[4] Enakshi Ganguly, Why do Children turn to Crime?, THE WIRE (June 10, 2024, 7:28 PM), https://thewire.in/rights/children-juvenile-justice-book-exceprt.

[5] Sriram’s IAS, https://www.sriramsias.com/upsc-daily-current-affairs/indias-juvenile-justice-structure-strengths-weaknesses/ (last visited June 12, 2024).

[6] Id at 5.

[7] The Juvenile Justice (Care and Protection of Children) Act, 2015, §2, No. 02, Acts of Parliament, 2015 (India).

[8] Rohit K Singh, Age of Juveniles in Conflict with Law should be reduced to 16 years, HINDUSTAN T. (June 14, 2024, 03:15 PM), https://www.hindustantimes.com/lucknow/age-of-juveniles-in-conflict-with-law-should-be-reduced-to-16-years/story-X8Z47Y17j9Z7YtrAoFoBXJ.html.

[9] Supra note 1, at 109.

[10] Vijay Kumar Yadav, Minority Report: Why Juvenile Crime is on the Rise, HINDUSTAN T. (June 12, 2024, 11: 40 AM), https://www.hindustantimes.com/cities/mumbai-news/minority-report-why-juvenile-crime-is-on-the-rise-101664128656202.html.

Author: Shambhavi Acharya

Leave a comment