Children are the most valuable assets of a country, for they are the ones who will grow and lead the future generations and the country towards development and greatness. Although children represent the future, it is an unfortunate reality that in India the very future is in peril due to the rise in juvenile delinquency in the country. Ten months ago the newspapers and the media headlined the murder of a 15-year-old boy named Shahbaz in kerala, attacked by his classmates using nunchucks, he succumbed to death due to severe head injury. Earlier, a 13 year old boy was taken into custody for stabbing a 15-year-old boy. As per the NCRB report, there has been a 2.7% increase in crimes committed by juveniles mostly between the ages of 16-18 years, what makes this figure even more concerning is the fact that a majority of these crimes are violent crimes, indicating that the gems of our country, the youth, are active perpetrators of crimes like murder, rape inter alia. Such numbers make one wonder, is the legislation, the law, truly achieving its purpose?
Juvenile Delinquency: An Overview
The phrase “juvenile delinquency” refers to a deviant behaviour exhibited by children who are yet to attain physical and mental maturity. In simple terms, it encompasses the actions or conduct of a child, who has not attained 18 years of age, that is subject to judicial scrutiny. In India, the term juvenile is defined under section 2(k) of the Juvenile Justice (Care and Protection) Act, 2000. According to the Act, “a juvenile or child is a person who has completed the age of eighteen. The Indian position with regards to juveniles mirrors the settled principle of law “nullumcrimen sine lege” which means an act cannot be a crime unless it is defined in the existing statutes, this interpretation is narrow compared other systems like in the U.S which encompasses a wider sphere of acts which classify as juvenile delinquency.
Factors contributing to Juvenile Delinquency:
The problem of juvenile delinquency is an unabated one affecting most of the countries, if not all. It is not an isolated problem and is prevalent is most countries with cases increasing each year and therefore demands collective action apart from national interventions. The intensity of juvenile crimes is often associated with physical, economic and social conditions of a country. Factors that influence juveniles to resort to delinquency and crimes are similar across countries and are described below:
The Family Set-Up: One of the major reasons contributing to juvenile crimes is the surroundings of the child. A child is attached to its family. Children learn, observe and grow from their families. A disintegrated/dysfunctional family can hinder the child’s mental and physical development and can significantly contribute to delinquency. A child who grows up in a neglected environment can develop feelings of resentment and may lack feelings of empathy or respect due to the lack of a positive role model. Parents play a significant role in shaping a child’s mental faculties at a tender age, it is necessary to ensure a positive environment with parental care and compassion, to prevent children from resorting to deviant crimes.
Advancement of Technology: The advent of technology and social media platforms is another crucial factor contributing towards juvenile delinquency. The covid 19 pandemic, amplified the existing situation by exposing children to social media and internet, what was once a necessity has been largely normalised. The unregulated content on social media pervades the young minds and may lead to aggressive behaviour, a precursor to deviant tendencies. The NCRB records show that juvenile crimes increased by 4.7% in 2021 and in 2022 49.5% of the arrested juveniles were involved in violent crimes.
Poverty: Poverty is one of the most tempting factors that can lead a child to tread the path of crime and violence. Often when a child is deprived of the necessities of life, they resort to delinquent acts to procure them. Children living in slums often resort to stealing, robbery to satiate their hunger and other needs. This is where state interventions are necessary, education must be prioritised and must be ensured in every corner of the state, so as to curb juveniles from indulging in such acts at a young age.
The Legal Realm surrounding Juvenile Delinquency
In India, the primary legislation dealing with juveniles is the Juvenile Justice (Care and Protection) Act, 2000. It is a consolidating act embodying features of the constitution and obligations under international covenants. The preamble of the act itself lays down its aim of amending the law relating to children in conflict with law and children in need of care and protection, by placing protection, care, and treatment for the children at the forefront through a child – centric approach. The Act is praiseworthy for its prioritization of children’s interests, the amendment of 2006 and 2007 rules introduced various provisions such as child welfare boards, NGO involvement, observation homes and shelter homes for the rehabilitation of juveniles into the society. A major development regarding juvenile crimes was brought about by the 2015 amendment to the Act, following heartbreaking Nirbhaya Rape Case, which received widespread media coverage and public outcry and protests demanding harsher punishments and enforcement of law and led to significant overhaul surrounding rape laws in India. In this case, while dealing with juvenile accused the judiciary was perplexed as to treat the accused as a juvenile or an adult. The Nirbhaya case became a turning point in juvenile law, as the juvenile being released after serving three years in a reformatory home raised questions as to whether justice was truly served to the victim. The judiciary for long has struggled with the predicament of the extent of juvenile protection in heinous crimes and the Delhi Rape Case served as a stark remainder of the same. Following this, there emerged a need to reform and revisit the Act of 2000, paving the way towards the Juvenile Justice (Care and Protection) Act, 2015. The Act of 2015 brought one of the most controversial changes in juvenile law. It provided for Juveniles between 16 – 18 years of age to be tried as adults for heinous crimes. It also constituted the JJ board and CWC to ensure that the interest of the child is still protected while aiming to strike a balance between accountability and rehabilitation.
The Grim Reality
Despite having legislations in place to tackle the rampant juvenile crime, the regrettable truth is that numbers never lie and they paint a grim future for the country. India’s attempt to tackle juvenile crimes have been in vain as Maharashtra and Madhya Pradesh among others, top the charts in juvenile crime with other states on its tails. The figures are a stark reminder that the legislation on paper lacks enforcement and efficiency at the ground level, as evident due to the surge in juvenile crimes in the country. The onus lies not only with the state and governmental institutions but is vested in the citizens of the country, it is a collective responsibility of all to tackle juvenile crimes and to ensure that the nation is in the hands of responsible and upstanding youth.
Suggestions and Recommendations: The Way Forward
Although the JJ Act, 2015 introduced changes it is not free of faults, the Act is not adapted with the times and there are key gaps in the Act with respect to recidivism and cyber crimes by minors. A robust public monitoring system along with comprehensive rehabilitation plans and infrastructure is needed to ensure that the youth refrain from indulging in illegal acts at such a young age. The following suggestions along with proper implementation can be a roadmap towards a reduction in numbers and a brighter future.
- Structured Supervision programs after release to decrease recidivism.
- Inclusion of provisions to effectively deal with cybercrimes by minors
- Implementing child specific rehabilitation programs
- Focus on education and vocational training
- Inculcating workshops and awareness camps in schools
- Providing effective counselling services for children.
Conclusion
The rising Juvenile Delinquency in India reflects social, economic and institutional failures and is not constricted to individual deviance. Factors such as poverty, disintegrated families, psychological and physiological factors, economy and society have largely contributed to the prevalence of juvenile crimes. Despite the child centric approach adopted by the Juvenile Justice act, it has failed to achieve its true purpose due to systemic gaps to curb recidivism, backlog of cases, inefficiencies in implementation, infrastructural deficiencies as well as the lack of comprehensive rehabilitation and reintegration of juveniles into the society. Addressing this conundrum requires a holistic approach with adequate educational and vocational training, psychological counselling and therapy and robust community interventions. The effective implementation of the legislation along with community driven social welfare mechanisms can ensure reduction in delinquency as well as proper reintegration of juveniles as responsible members of the society.
Author: Hazel Ann Sibi
Juris Centre 