This article tells about Juvenile Delinquency. Who is a juvenile delinquent in law and the reasons for juvenile delinquency and how can it be prevented? And what measures can be taken to reform the juvenile delinquents have been briefly discussed. If you are a lawyer, law student or preparing for judicial competitive examination, then it is very important for you to know about juvenile delinquents and its consequences –

Introduction – What is juvenile delinquency?

In the present times, juvenile delinquency has emerged as a big problem in the society which is continuously spreading. Child crime (juvenile delinquency) is known as crime committed against children, due to which a large section of the society is affected. Juvenile crime refers to crimes that happen to children and affect their future as well as their present, due to which children are physically or mentally harmed.

In simple words, when a child commits any act against law or society, then it is called juvenile delinquency, which is also called juvenile delinquency. In juvenile justice laws, the word delinquency has been used instead of the word crime, because the society believes that children never commit crimes, their actions may be indecent, indecent or condemnable, but they can never deserve punishment.

In India, under the Juvenile Justice Act, 1986 (Amended 2000), illegal acts committed by boys up to the age of 16 years and girls up to the age of 18 years come under the category of juvenile delinquency. It is a different matter that the maximum age limit of a juvenile delinquent may also be different according to the state and country.

In relation to juvenile delinquency, we cannot consider only age as the determining factor, sometimes the seriousness of the crime also plays an important role, that is, a boy aged between 7 to 16 or a girl aged between 7 to 18 years commits a crime which is punishable by death. If the punishment is life imprisonment, in that case we cannot consider them as juvenile delinquents, such as committing acts like murder, treason, deadly attack etc.

Definition of Juvenile Delinquency

No universally accepted definition of juvenile delinquency has been given, whereas many criminologists have given its definitions in their own ways, the main definitions of which are as follows –

According to Dr. M.J. Sethna – Juvenile crime includes wrongful acts of any child or adolescent who is within the age prescribed by the law prevailing at that time.

According to Dr. P.N. Verma – Child delinquency means neglect or violation of duties, it is a mistake.

According to Robinson – Juvenile delinquency means the tendencies and activities like vagrancy, begging, mischief, misbehavior, unruliness etc.

According to Siddhiki – Doing prohibited work for children up to the age specified by law is a juvenile crime and the child who is caught committing such a juvenile crime is called a juvenile delinquent i.e. a delinquent child.

In the words of Caldnell – Delinquency refers to such acts committed by juveniles which come under the protection of the state.

Similarly, according to New Mexico law – A juvenile delinquent is a child who is considered to be habitually unruly, disobedient or obstinate because of his willful and persistent disobedience to the lawful orders of his parents or guardians or who is a habitual runaway from home or school or who Habitually engages in conduct that harms or endangers his own or others’ morals, health or welfare.

Rubin has included such acts in relation to juvenile delinquency, if any of these acts are done by children then they will be considered as juvenile delinquents, such acts are as follows –

(a) disobeying any law, rule or ordinance,

(b) To behave immorally and obscenely,

(d) wandering in infamous places,

(e) Protection in brothels and gambling houses,

(f) Patronage in bars,

(g) Unnecessary roaming on roads and streets at night

(h) boarding a train, bus or engine etc. unauthorizedly;

(i) Continuous absence from home or school,

(j) Using obscene language or behaving in public places,

(k) Sleeping or loitering in the streets,

(l) Begging, smoking and consuming drugs,

(n) Doing illegal business etc.

It would be appropriate to mention here that no word like juvenile delinquent has been used in the Act, rather the word delinquent juvenile was used in the Juvenile Justice Act, 1986 and presently in the Juvenile Justice (Care and Protection of Children) Act, 2000. Also, instead of using the word juvenile delinquent, the word juvenile in conflict with law has been used.

Causes to Juvenile Delinquency

There is no such class in the entire human civilization in which crimes do not occur and among those crimes, juvenile crime is a major problem because when a human gets involved in the world of crime since childhood, then there is no possibility for him to improve and contribute to the society. Along with this, there is a possibility of increase in his crime.

Here it is important for us to know why a child commits crime and which elements are responsible for his crime. In this regard, criminologists have given not just one but many reasons for child crime, on which research is still going on, which are as follows: Is –

(i) Family environment

Family environment is considered to be the first cause of juvenile delinquency. The kind of environment a child gets in a family. The child becomes like that. If the child gets a good environment in the family, then the child’s behavior also becomes good, whereas if he gets the opposite environment, he becomes a criminal, that is why the family is considered as the first school of the child.

Children from broken families are often considered to have criminal tendencies, that is, families in which there are no parents or guardians or there has been a divorce between the parents or both husband and wife are living separately or the father is more than one at home. If they stay away for a long time, the children there become undisciplined because there is no one to control them.

Similarly, the ‘immoral environment’ of the family also contributes to making a child a criminal, such families in which siblings are criminals or family members keep fighting among themselves or children are disrespected by parents or step-parents in the family. If prostitution, gambling, drinking etc. are prevalent in the family, then it is natural that these will have a negative impact on the children. Apart from this, illegitimate child, step-motherly treatment of children, assault, living in crowded places etc. are also the causes of juvenile delinquency.

(ii) poverty

The second major reason for juvenile delinquency is poverty. When the economic condition of the family is weak, children’s maintenance, education and needs are not fulfilled and as a result children become victims of theft, begging or sexual crimes.

According to Kuppuswamy (p. 423) – Poverty is an important factor in developing criminal character in a child. Due to this poverty, many times an inferiority complex starts developing in children and due to this inferiority complex, they start taking to crime.

(iii) Neglect

Neglect of children in the family is also an important cause of juvenile delinquency. When children do not get natural affection from their parents, they develop frustrations and become unruly and undisciplined. Due to lack of affection from parents, self-confidence does not develop in children and due to its neglect, children’s needs are not fulfilled due to which they start adopting criminal tendencies.

(iv) Physical reasons

When a child is physically handicapped, ugly, blind etc. then he is considered an object of ridicule in the society and inferiority complex also starts developing in such children. Such children are neither able to get employment nor get married and their self-esteem also gets hurt. As a result, they start harming others to avenge their ridicule and in such a situation they become criminals.

(v) Mental disorder

Mentally disturbed child is also considered a major reason for juvenile delinquency. Due to mental deformity, children do not have the ability to think about their own good and bad, nor are they able to differentiate between good and bad. Their mental and intellectual development gets stunted. This is the reason why such children get inclined towards criminal activities like theft, begging, sexual relations etc.

(vi) Pornography

Literature has a great impact on a person and personality. The mind and behavior of a person becomes similar to the literature he reads. “Through good literature, a person becomes well-cultured, whereas due to obscene literature, criminals start committing crimes like theft, adultery, prostitution etc. by reading literature like sexual literature, detective novels, comics, etc.”

Apart from this, children’s minds get distorted and become criminals due to erotic articles, obscene pictures, sexy stories etc. published in newspapers and magazines. Thus it can be said that literature is both a blessing and a curse.

(vii) Cinema, television and internet

Cinema, television and internet are also responsible for child crimes. Many times obscene pictures and films are shown in cinema halls and on Doordarshan due to which even innocent children become guilty. Such films and pictures have a negative impact on the character of children and they become criminals.

Many such cases keep coming before us, like – a student of a school in Delhi (India) was caught making obscene pictures of girls on the internet, then action was taken against him under the Information Technology Act, 2000.

(viii) Consistency

Company also has a great impact on the child. A child becomes like the company he keeps. If a child stays in the company of notorious criminals then he also becomes a criminal. This is the reason why corrective punishment has been provided for juvenile delinquents so that they can avoid the company of notorious criminals in prisons.

With a view to reform the children, the Honorable Court in many of its cases has recommended that child criminals be released on bail to save them from the company of notorious criminals in jails.

(ix) Political patronage

Political protection and self-interest is also considered to be a major reason for the increase in juvenile crimes. Politicians openly use school children to achieve their own ends. Most of the strikes, vandalism, siege, violence etc. in schools happen at the behest of politicians.

Child power (youth power) is openly misused in elections due to which the child, while indulging in such tendencies, one day becomes a criminal.

(x) child marriage

Child marriage has also been considered a cause of juvenile delinquency. Due to marriage at an early age, boys or girls remain unaware of their marital duties and in future they become victims of sexual crimes or commit sexual crimes. They do not feel responsible towards their duties. For this reason, at present child marriage has been declared voidable by the Honorable Court. (T. Shivakumar vs. Inspector of Police, AIR 2012 Madras 62)

यह भी जाने – सिविल प्रकृति के वाद से आप क्या समझते क्या है? सीपीसी की धारा 9 क्या है

How can juvenile delinquency be prevented?

As we know that child crime is a threat to the society which is making the future of children bleak, in such a situation, many measures to prevent child crimes were also considered by which child crimes can be controlled –

(i) Family affection

Just as the family environment is the first cause of child crimes, similarly the first responsibility for their prevention also lies on the family i.e. the parents. Parents and family members should provide natural affection to their children, never treat them step-motherly, or abuse or abuse them.

Apart from this, the family members should pay attention to the education and fulfillment of their children’s needs, protect their family from disintegration, do not allow immoral atmosphere to develop in the family and parents should avoid living with the family in very crowded places. By following these things, children can be prevented from becoming juvenile delinquents.

(ii) Economic situation

To prevent child crimes, it is necessary to strengthen the economic condition of the family. If the adult members of the family remain engaged in employment, avoid debt, increase domestic industries, do not shy away from labour, and avoid unnecessary expenditure, then child crimes can be reduced.

When the financial condition of the family is strong, the minimum needs of the children will be fulfilled, immoral atmosphere will not flourish in the family, inferiority complex will not arise and self-confidence will be boosted.

(iii) Proper education

It is also expected that children be given proper education. First of all, children should be sent to schools, they should not be allowed to remain uneducated, they should be taught character building, they should be made well-cultured and they should be inspired to be inclined towards faith in religion.

(iv) Healthy entertainment

Arrangements for healthy entertainment should be made for children. Movies should be shown to inspire them to build character and be oriented towards ideals. Children’s parks should be set up in settlements and localities and means of entertainment should be provided. It is also expected that children should be kept away from obscene movies, cinema houses and sexy activities.

(v) Good literature

Good literature should be collected for children. They should be kept away from pornography. Do not let adulterated novels, comics etc. come into their hands. Their access to inspirational stories of great men, religious books and literary material for character building should be made easy. For this, good libraries and reading rooms can be established in every village.

(vi) Rehabilitation

It is also necessary to make arrangements for the rehabilitation of neglected and runaway children. Children should be given employment oriented education and work in reform villages and employment opportunities should be found for them. When the child is engaged in employment, he will not get the opportunity to go towards crimes.

(vii) Establishment of reform homes

It is also necessary to establish reform homes for the improvement of delinquent children so that proper arrangements for children’s education, food, housing, medical etc. can be made there. It is pleasant that in the Juvenile Justice Act, 1986 and the Juvenile Justice (Care and Protection of Children) Act, 2000, arrangements have been made for observation home, special home, children’s home, shelter home, maternal care, aftercare etc. for delinquent children. .

(viii) Political pollution

It is necessary to protect children from political pollution. Politicians should not use children for their own ends, should not use them in elections, nor should they instigate them for strikes, violence, bandhs, gheraos, vandalism etc. in schools.

(ix) Separate judicial system

There should be a separate judicial system for cases related to juvenile delinquents. Under such a system –

(a) Separate children’s courts should be established,

(b) speedy trial should be conducted,

(d) Opportunities for improvement should be provided instead of punishment, and

(e) Proper arrangements should be made for probation, reprimand, parole etc.

(x) Psychological therapy

Psychological treatment should be given to delinquent children. Such children should be examined by experts in child psychology and psychiatrists and improvement measures should be suggested for them.

By taking such measures, child criminals can be reformed and child crimes can also be prevented.

What are the Essential Elements of Crime? | Criminal Law

What are the top 7 Causes of Crime in Criminology | Law Notes

Reference – Juvenile Justice Wikipedia

Note – Please share the content and updates related to the post.

What is juvenile delinquency? Introduction, Definition, Causes And Prevention