RISING MENACE OF JUVENILE DELINQUENCY IN INDIA – ISSUES AND CHALLENGES
By Gaurav Kumar Assistant Professor, School of Law, IILM University, Greater Noida.
and Shrishti verma, LLM Student, School of Law, IILM University, Greater Noida.
DOI: https://doi.org/10.5281/zenodo.15380443
“Children are like buds in a garden and should be carefully and lovingly nurtured, as they are the future of the nation and the citizens of tomorrow. Only through the right education can a better order of society be built up”.
~Jawaharlal Nehru
I. INTRODUCTION
Children are regarded as the greatest asset of people and nations and a gift from God. They really are the cornerstone of civilization and the blueprint for any nation's destiny. Indeed, a country's children will eventually determine its politics, social structure, and economic course. Childhood is a time of great innocence; thus, it requires extra tenderness and care. Teaching children the difference between perceived right and wrong is essential; otherwise, they can find it challenging to deal with the world's complexity as they age.
Children begin to explore and learn about the world around them in the early years of their lives. If students start making mistakes and no one corrects them, they could become significant issues for society in the future. Consider the following tale, which many of us heard when we were young: “A child once took a book from a classmate and gave it to his mother when he got home. Rather than chastising him, she gave him more encouragement. She complimented him once more after he stole a cloak for her." As the child grew older, so did the value and frequency of his thefts. He was eventually apprehended red-handed, restrained, and taken to the location of his public execution.
Heartbroken, his mother pounded her chest in sorrow and followed the throng. The young man who was condemned begged to talk to her one last time. In a previous act of pain paired with defiance, he came up to her and bit her ear. “Oh, if only you had corrected me when I first stole that schoolbook,” he muttered to his mother as he turned to face her, suddenly regretting his actions. “If you had, I wouldn't be meeting this untimely end.” His remarks highlight a profound reality: “early guidance and correction are essential. Little wrongs can have terrible consequences if they are ignored, as seen by his untimely and tragic death.”[1]
Crimes committed by youth and the subsequent legal and other problems they encounter are problematic. India has a severe problem with juvenile delinquency. The most heinous gang murders and other acts of gang violence in the last several years have all featured young individuals. The occurrence of juvenile delinquency is deeply troubling, and it affects everyone. In the opinion of many legal scholars, the current legal framework does not go far enough in punishing juvenile offenders for their horrific acts. However, there are also dissenting voices who stand up for the opposite and reject this perspective. Because of their irrational thinking, juveniles have no idea what they're doing is moral. Their own deeds are not evaluable to them.
II. JUVENILE
"Juvenile” means a child below the age of eighteen years[2]. In other words, juveniles are juveniles who are very young, teenage, adolescent, or underage—those who have not yet reached the age of majority, that is, children or immature children. Sometimes, the word "child" is used interchangeably with the word "Juvenile."
The difference between a Juvenile and a Minor
Although we use these two words interchangeably in the same language, "child" and "minor" are used in different contexts in legal jargon. The term juvenile denotes the juvenile offender, and minor denotes a person's legal capacity or majority.
Juvenile delinquency has been a social problem in India for decades. This is a major concern affecting communities, families, and individuals. Understanding the core reasons for juvenile delinquency is crucial for reducing it and responding swiftly to give appropriate resources and aid to those at risk. The criminal justice system and social service agencies have a vital responsibility in combating juvenile delinquency and rehabilitating adolescents in dispute with the law. According to the data supplied by the National Crime Record Bureau, the number of juveniles arrested for various Offences has grown in India as crime committed by Juveniles has increased from 2020, i.e., 29768 to 30555 in 2022[3]. However, the number was 31170 in 2021. As per 2022[4] data (all India), the crimes they perpetrated include theft (6495), robbery (1152), rape (1130), hurt (6023), and murder (917) Rash Driving on Public way (865).
III. LEGAL DEVELOPMENT OF JUVENILE LAWS IN INDIA
India has no formal statute to go by while dealing with the problem of juvenile delinquency in pre-colonial times. Instead, it was governed under Hindu and Muslim laws wherein family members controlled a child's conduct. However, the advent of British rule marked a shift, prompting the need for formalized laws. The notions of juvenile law in India extend as far back as 1960 with the adoption of the Juvenile Act, which aimed to deliver care, protection, and treatment to children below the age of 18. The Juvenile Justice Act[5], or JJA, passed in 1986, superseded the Children Act[6]. It has also developed a system of protection for children that sets the fundamental priority of the children's interests.
Further modifications in 2000[7] and 2006[8]. They consolidated children's rights, more specifically, the concerns of children in confrontation with the law. The modifications dramatically improved the juvenile age from 16 to 18, commensurate with the Convention on the Rights of the Child. This action was envisioned to safeguard minors from being handled and convicted like adults and provide a distinct system for fair juvenile justice. These reforms remained until 2011 and have now culminated with the Juvenile Justice (Care and Protection of Children) Act of 2015[9], which is the principal legislation prevalent in India concerning juvenile delinquency. This Act places greater emphasis on the care, protection, and rehabilitation of children in conflict with the law than punishment with a view to their reintegration into society. The Government of India has also provided Juvenile Justice Boards and Observation Homes to deal with juvenile criminality.
These boards inquire into the Offences committed by minors and decide on rehabilitative methods, while observation homes give care and safety to adolescents pending trial or guilty of an offense. In this sense, India's experience in juvenile justice resonated with a rising dedication towards safeguarding the child's rights and his holistic development within the framework of supportiveness and rehabilitation.
CHILD IN CONFLICT WITH LAW
Children cannot be legally punished by the adult justice system because they are considered "Doli Incapax," meaning "a child who is legally deemed unable to constitute criminal intent." Even under the Indian Penal Code, no act is considered a crime if committed by an individual below the age of seven years. However, if a child between the ages of 7 and 12 commits a crime, they are not considered guilty if they lack understanding of the act, its nature, or its consequences.
‘No one is born a criminal. Circumstances compelled him to do so.’ Both at home and in the wider society, sociocultural factors play a significant role in shaping people's lives and overall character. In India, the rate of juvenile crimes is increasing at a fast pace. Although this forms a very minute fraction of the chunk of crimes against the total, it is still very high. Some of the main crimes committed by juveniles in India are:
1. Theft and Burglary- Most children get involved in robbery and burglary, either economically challenged or pressed by friends—these range from small-scale thefts to bigger ones that are organized.
2. Drug Offences- The involvement of children in consuming and trading drugs has been increasing. Exposure to drug abuse, either in their communities or through peer influence, is apparently what nudges many young individuals into the activity of drug Offences.
3. Violent Crimes- A few juveniles also partake in violent crimes, which include murder and assault. Most of these actions are associated with exposure to violence at home and in the environment, as well as being necessitated by personal reasons or even gang affiliation.
4. Sexual Offences- A disturbing trend is the juveniles' involvement in sexual Offences, ranging from molestation to more heinous crimes, abetted by, among others, exposure to inappropriate content and lack of proper guidance, or sometimes even experiences of having been abused themselves.
5. Cybercrime-With increased access to technology, juveniles are also becoming involved in cybercrimes. Some common Offences by cases of hacking, online fraud, and cyberbullying often result from curiosity, the desire for quick money, or the thrill of anonymity. Vandalism: This type of crime is prevalent among juveniles. It is usually regarded as an act of rebellion or a way to express frustration, including graffiti damaging public property and other forms of property destruction.
IV. THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
The Juvenile Justice (Care and Protection of Children) Act of 2015[10]. This marks a significant shift in how India deals with children in conflict with the law. This legislation does not talk about punishment but rehabilitation, reintegration, and ensuring the overall well-being of young offenders. At its core, the JJ Act 2015 emphasizes the care, protection, and treatment of juveniles. A key component is the establishment of Juvenile Justice Boards (JJBs) across all districts.[11] These boards would deal with juvenile delinquency, ensuring the focus remains on the child’s rehabilitation rather than mere retribution. The medical and mental checkups that the act includes occupy an essential place in the process so that every child's differing needs might be dealt with.
Under the statute, a juvenile is a child below 18 years. It envisaged exceptional homes, observation homes, and other safe spaces dedicated to providing care and protection to these children. JJBs must rehabilitate juveniles in conflict with the law through their reformation and socialization process. They find out whether children are to be released on probation, assigned public service, or sent to exceptional homes for up to a maximum period of three years.
Since their inception in India, all legislation concerning juveniles has been framed in conformity with international standards enshrined in different conventions. The philosophical doctrine of Once a juvenile, always a juvenile is ingrained in the spirit of the JJ Act 2015, more specifically, under Sections 5 and 6, which very noticeably acknowledge and uphold this same doctrine.
1. The Act specified the principles of Care and Protection of children.[12] The children are assumed to be innocent till achieving the age of 18 years. The child should be provided with all the safety measures and protection.
2. The Act lays down the definition of a child as an individual who has not attained 18 years of age.[13] The Act divides ‘Child’ into two broad categories: ‘child in conflict with law.’[14] and ‘child in need of care and protection.’[15]
3. Under the Juvenile Justice Act, the State Government is mandated to form a Juvenile Justice Board for each district to discharge stipulated duties. The Board shall consist of a Metropolitan Magistrate or Judicial Magistrate first class with a 3-year minimum of experience, two social activists, in which there shall be at least one woman. These members compulsorily need to have an understanding of child psychology and his welfare.[16]
4. A five-member Child Welfare Committee[17] For the children in need of care. One should be a woman and the other an expert on children, which is to act as a Bench of Magistrate.
5. The Act provides a provision for the Children's Court, which was not there in the Act of 2000. Under this Act, a court is established under the Commissions for Protection of Child Rights Act, 2005, or a Special Court under the Protection of Children from Sexual Offences Act, 2012, wherever existing and where such courts have not been designated, the Session Court has the jurisdiction to try the Offences under this Act.[18]
6. Under this Act, Observation Homes[19] and Special Homes[20] Have been established. The Observation Homes shall take care of children so that no child can be kept in police custody. If the children in conflict with the law are ordered to give institutional treatment when the proceedings are pending, they shall be sent to Special Homes.
7. The Act also provides special provisions, procedures for adoption, and inter-country adoption.
8. This Act makes special provisions for the determination of age. It shall record the observation and conduct an inquiry when it is evident to the Committee or Board. The act also mentions three types of offences committed by a child, namely, petty offences, serious offences and heinous offences.
V. AMENDMENTS PERTAINING TO THE OFFENCES COMMITTED BY JUVENILES
Juvenile Justice Act: Provisions & Key Reforms
1. Classification of Offences
· The Juvenile Justice (JJ) Act, 2015 categorizes juvenile Offences into heinous, serious, and minor crimes.
· Heinous crimes involve Offences punishable by at least 7 years imprisonment. Juveniles aged 16–18 may be prosecuted as adults in such cases.
· Serious crimes typically carry punishments ranging from 3 to 7 years imprisonment.
· The 2021 amendment expands the definition of serious crimes to include Offences punishable by more than 7 years, even if the prescribed minimum sentence is less than 7 years.
2. Trial & Sentencing
· Juveniles aged 16–18 can be prosecuted as adults for certain Offences, including drug possession and sale.
· Crimes against children, punishable by more than 7 years imprisonment, are handled by juvenile courts.
· Offences carrying less than 7 years imprisonment are decided by a judicial magistrate.
· These legal provisions aim to protect juvenile offenders from harsh adult penal systems while ensuring accountability.
3. Heinous Offences: Juvenile Trial Criteria
· In cases where a juvenile aged 16 or older is accused of a heinous offense, a preliminary psychological and mental assessment is conducted.
· This assessment evaluates the juvenile’s ability to understand and commit the crime, including their physical capacity.
· If deemed necessary in the interest of justice, the juvenile may be tried as an adult.
2021 Amendment: Strengthening Juvenile Justice
· The 2021 reforms aim to enhance juvenile rehabilitation, reintegration, and protection.
· Key changes include:
o Improved foster care and adoption mechanisms for children in need of care and protection.
o Strengthened roles of Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) in decision-making.
o Fast-tracked processes to ensure juveniles receive timely legal interventions and support.
Why reforms now?
1. The NCPCR (National Commission for the Protection of Child Rights) presented the report for 2018 19 that surveyed 7,000 childcare centers (CCI or small homes).
2. Most organizations were found to be violating provisions of the JJ Act.
3. CCIs are affiliated with the CWC and State Child Protection Units but have less oversight and monitoring.
• This amendment aims to address these concerns and ensure that, without the approval of the District Magistrate, no new children's homes are established.
The way forward
· To meet the requirements, the DM must meet regularly every two weeks with all five departments (CWC, JJ Committee, CCI, Child Protection District).
· Specific training concerning child protection rules needs to be provided, as districts are usually not prepared as they have no training to deal with such legislation.
Elements that support District Magistrate
§ With additional powers, District Magistrates (DMs), including Additional DMs (ADMs), can now make adoption orders within the ambit of Section 61 of the JJ Act.
§ The DM and ADM will also monitor the activities of all organizations in all regions under the JJ Act.
§ These include the Child Welfare Committee (CWC), the Juvenile Justice Board, and the District Child Protection Unit. These changes will ensure fast and reliable child protection proceedings in the district. And ensure answerability as well.
§ DMs will also check the backgrounds of CWC members to check their criminal background. This is to ensure that there are no cases where a member is found to be abusive or sexually abusive before being elected.
§ CWC members are primarily social welfare with educational qualifications
§ The CWC should regularly inform the DM about its activities in this area.
§ Focus: The DM is responsible for all processes in an area, including all teamwork and review meetings.
VI. JUDICIAL OUTLOOK ON JUVENILE DELINQUENCY
“I believe the purpose of Juvenile Law is to provide a structure where troubled kids can reform themselves and mature into better citizens.”
-Judge Sim Eunseok
In Mukesh & Anr. v. State (NCT Of Delhi) & Ors[21] (2017) (also known as the Nirbhaya Rape case), it was contended before the court that the age of the accused should not have been used as a shield for his wrongdoing. He was caught physically attacking the woman with an iron rod, hurdling obscenities at her, and causing internal ruptures of her organs inside her body. However, the concerned juvenile was persecuted as per the then-established law and was released after completing the sentence of three years in a reformation home.
The case of The State of Maharashtra vs. Vijay Mohan Jadhav @ Nanu and Ors[22] (2021) is often known as the Shakti Mills rape case. In this case, a young photojournalist working in Mumbai was gang-raped by five people at the Shakti Mills compound, where she had gone on assignment with a male colleague on 22 August 2013. Five men, including a juvenile, tied up the male colleague and took turns raping the photojournalist.
At the point of a broken piece of glass, she was directed to denude herself of her clothes. “She was made to lie on a dilapidated cement platform. There she was ravished by all 5 persons one after another. They all had vaginal and anal intercourse with her. She was also coerced to have oral sex with one of the accused. She was shown a pornographic clip, and then she was forced to imitate the same act as that in the pornographic clip. She was told not to attempt to file a complaint. She was also told that she is not their first prey to have satisfied their lust”
The rapists then forced the victim to clean the crime scene and took two photos of her on a cell phone, threatening to release the photos on social networks if she reported the attack. Later, an eighteen-year-old call centre employee reported that she, too, had been gang-raped on 31 July 2013 inside the Mills complex.
These two cases were tried simultaneously. On 20 March 2014, a Mumbai Sessions Court convicted all five adults accused in both cases on 13 counts. Subsequently, on April 4, 2014, the court imposed the death penalty on the three repeat offenders involved in the photojournalist rape case. Among the other two accused, one received a life imprisonment sentence, while the other turned approver and cooperated with the investigation. Additionally, two minors, one involved in each case, were tried separately by the Juvenile Justice Board. They were convicted on 15 July 2015 and sentenced to three years in a Nashik reform school, including the time they had already spent in custody.
Further on, in November 2021, the Hon'ble Bombay High Court, in its confirmatory judgment, commuted the three death sentences to life imprisonment for the remainder of their natural lives without any remission, parole, or furlough.
Jitendra Singh @ Babboo Singh v. State of U.P.[23] (2013), this case pertains to a tragic dowry death where a woman was killed and burned by three individuals, including her husband and father-in-law. During the court proceedings, the father-in-law passed away.
Subsequently, while appealing to the Supreme Court, one of the accused claimed he was a minor—14 years old—at the time of the offense.
The Hon’ble Supreme Court upheld the lower court's decision to convict the accused but noted that he fell under the juvenile category according to the Juvenile Justice Act of 2000. The case was referred to the Juvenile Justice Board under the Act to determine an appropriate sentence. The Court emphasized that the criminal justice system aims to provide rehabilitative and restorative mechanisms for juveniles rather than purely punitive measures.
Parag Bhati (Juvenile) Thrgh. Legal Guardian vs State of U.P.[24] (2016), In this case, the accused was arrested for murder and initially placed in a juvenile home. His father filed an application asserting his minor status, supported by various school certificates. However, after examining the certificates, the Juvenile Justice Board doubted his claim of juvenility and referred him to the medical board for age determination. The medical board concluded that he was a major, and consequently, his case was transferred to the court of the Chief Judicial Magistrate.
Upon reviewing the issue of juvenility, the Supreme Court held that the principle of juvenility under the Juvenile Justice Act would only apply in cases where the accused is prima facie a minor. The Court observed that the present case involved a severe well-planned offense, indicating the accused's maturity and lack of innocence. It concluded that the plea of juvenility was an attempt to evade the law. Therefore, the accused was deemed not to fall under the protective scope of the Juvenile Justice Act.
In the case of Saurabh Jalinder Nangre vs. Maharashtra[25] (2018), the question that was raised before the Hon’ble Bombay High Court in a writ petition was whether the child should be sent to juvenile court as the boy had been convicted of attempted murder under Section 307 of the Indian Penal Code of 1860. The Court concluded that "In the present case, all the petitioners though are between the age group of 16 to 18 years, they have not committed heinous offences and, therefore, their case is not covered under section 15 of the said Act and no order can be passed under section 18 (3) of the said Act of transferring the case to Children's Court."
In the abovementioned case, the court chose to treat 17-year-olds as minors and not give them the punishment they deserved, even though they tried to cause irreparable damage to the sufferer’s life. It should be said that the use of the term juvenile emerges from the age cycle of the crime; in fact, crime is a type of behaviour that moves you, and 16,17 or 18 years old is enough for a person to form a desire, understanding, and knowledge of their act. Recently, two young people were killed on June 19, 2024, when a juvenile, the son of a well-known builder, allegedly crashed a Porsche Taycan onto a motorcycle while intoxicated. The car reportedly dragged one of the victims before coming to a stop after hitting a car and another two-wheeler. The minor, who lacked a valid driving license, was charged with rash and negligent driving, endangering life, and causing death by negligence under Sections 304A, 279, 337, and 338 of the Indian Penal Code (IPC), along with provisions of the Maharashtra Motor Vehicles Act.[26]
The case has garnered national attention, especially after the Juvenile Justice Board granted bail to the minor with conditions including writing a 300-word essay on road safety.[27]
Observation of the Judiciary's Stand on Juvenile Delinquency A pressing question arises as to whether the current punishment is adequate to reform a young offender. Another crucial aspect to consider is the definition of the term ‘heinous.’ For a person aged 16–18 to be tried as an adult, they must be charged with a severe crime. According to Section 2(33) of the Juvenile Justice Act 2015, heinous offences are defined as “those offences for which the minimum punishment under the IPC, 1860, or any other legislation for the time being in force is imprisonment for seven years or more.” Allowing 16- to 18-year-olds to be tried as adults in certain cases is undeniably a significant step for the Indian judicial system. However, the definition of heinous crimes appears to be flawed and requires reconsideration.
Further the recent instance where the Apex Court, in Thirumoorthy v. State (2024)[28], emphasized the critical procedural safeguards under the Juvenile Justice Act (JJ Act), 2015, highlighting the gross violation of mandatory provisions in the trial of a child in conflict with law (CICL). The Court ruled that despite the accused’s juvenile status being known from the outset, the failure to conduct a preliminary assessment under Section 15 and the absence of a Board order under Section 18(3) rendered the entire trial invalid and vitiated. The Sessions Court's direct acceptance of the chargesheet without adhering to the Juvenile Justice Board’s (JJB) procedures constituted a fundamental error, invalidating the conviction. Given the accused’s advanced age at the time of appeal, the Court further reasoned that a de novo trial would serve no practical purpose, as assessing his mental and physical capacity retrospectively would be futile. Consequently, the conviction was quashed, reinforcing the necessity of strict compliance with JJ Act mandates in juvenile cases.
VII. Underlying Issues of Juvenile Delinquency
“Young people need to be inspired, told they can achieve anything they set their minds to.”
— Jim Stynes
1. Poverty
Poverty is among the major causes of juvenile crime. Economically weak children are usually deprived of education, health, and other basic requirements of life. This undoubtedly leads to frustration and finally finding a criminal outlet for their anger or as a means of survival.
2. Broken Families
Children who come from broken families or have troubled relationships with their parents or caretakers are at a higher risk of becoming delinquent. Instability and lack of proper guidance in such environments may push children toward crime.
3. Peer Pressure
Peer pressure is a vital force in the commitment of juvenile delinquents. Association with other delinquent peer groups has been one of the significant factors that lead children to commit unlawful acts for the sake of fitting in or seeking approval.
4. Substance Abuse
Substance abuse is a common cause of juvenile delinquency. Children who become hooked on tobacco, drugs, or alcohol are more likely to commit crimes in order to feed their habit or under its influence.
5. Lack of Education
Inaccessibility to quality education enhances the opportunities for committing juvenile crimes. Education is a critical weapon in the fight against crime, for it provides children with knowledge, skills, and better opportunities in life.
6. Domestic Violence
Being raised in an atmosphere of domestic violence makes children more prone to delinquent behavior. Usually, such trauma and stress that arise from witnessing or being a victim of family violence instigate aggressive or even criminal activity.
7. Media Influence
The media can also influence the tendency toward juvenile delinquency. Exposure to media violence can make children less sensitive to violence and more likely to engage in such behaviour when encountered in life.
8. Mental Health Issues
Mental health problems, such as depression or anxiety, can contribute to juvenile delinquency. Children suffering from these issues may act out as a cry for help or due to impaired decision-making abilities.
VIII. Addressing the Issues
Preventing delinquency is equally important as addressing the problem of juvenile delinquency in India. What is required is a comprehensive approach wherein the prime responsibility lies with the government to make education and skill development possible. It becomes more significant for underprivileged children who can participate wholeheartedly in becoming active contributors to society. Family, schools, and communities are equally responsible for providing children and youth at risk with appropriate positive role models, advocacy, and caring. Child abuse can only be dealt with if there is collaboration between the government, families, schools, and communities. Here are some suggestions:
1. Education and Skill-Building
Education primarily aims to stimulate young minds to reach their full potential. It is the cornerstone of preventing juvenile delinquency. Access to quality education and vocational training can equip children with the skills needed to become productive members of society. Training in trades like carpentry, plumbing, and electrical work can be particularly beneficial.
2. Counselling and Supports
Furthermore, counseling and support from families, schools, and society help at-risk children. This comes through mentorship, family therapy, and other such groups that will provide adequate guidance to keep the child off delinquent behaviors.
3. Community-Based Programs
Programs such as sports clubs, youth clubs, and art initiatives provide diversionary activity in a positive setting where young people can healthily relate to peers and role models. Activities like these in community-based programs are worth their salt and offer an outlet for energy and creativity.
4. Early Detection and Proactive Initiatives
Early identification of children at risk and preventive initiatives are imperative. That involves concentrating resources on the identification of those most likely first to commit a delinquent act and providing assistance that will prevent them from becoming offenders.
5. Strengthening the Juvenile Justice System
The juvenile justice system is improved to meet timely and effective interventions between children in conflict with the law. Such activities shall include counseling, rehabilitation, and reintegration services that allow them to reintegrate as productive members of society.
6. Addressing Underlying Social Issues
Equally, it is irrevocably important to remove social issues that dwell on poverty, domestic violence, and substance abuse. The establishment of a stable environment with support can help much in cutting down the risk factors for juvenile delinquency.
The wholesome juvenile delinquency prevention program in India demands a multi-dimensional approach where the basic needs and causes of delinquent behaviour are considered, providing children with the necessary support and resources to work out their own healthy development. Being a complex issue, with different factors contributing to it, juvenile delinquency demands a multidimensional approach for its effective control.
Need for Sensitive Handling of Juvenile Crime
Nowadays, more youths between the ages of 16 to 18 are committing severe Offences like rape, gang rape, and murder. There is a stringent demand to treat these criminals as adults in aggravated cases. Such demand assumes that adolescents of this age commit such crimes with a degree of knowledge and maturity and are well aware of the gravity of their acts. Social media and the use of the internet have been so much in the task, much to the extent that it has accelerated their development as compared to 10 to 20 years back. This means that today, children are developing faster cognitively and emotionally in the current social and cultural scenario.
One fundamental responsibility that most parents can fulfil is to protect and care for their children at home, ensuring their healthy growth and development. Researchers have also highlighted the critical role of a stable family environment in positively influencing children's development and well-being. To address the increasing violence against children in India, policymakers and state actors must adopt a vigilant, compassionate, and gentle approach towards juvenile offenders. Their strategies need to shift from passive to proactive, genuinely aiming to benefit society.
IX. CONCLUSION
“Juvenile crime does happen and we have to deal with it. Our goal is not to investigate nine years old, but we cannot turn a blind eye towards it.”
– Keith Kameg.
In sum and substance, juvenile delinquency is among the significant problems affecting many youths and the whole society within which they live. It refers to illegal activities by children who breach the law or engage in harmful behavior. The Indian government is working hard to curb this problem, but much has not been done to help solve the situation. Although violence against children has reduced over the past years, several issues have not been resolved.
The government has ensured some measures like the provision of games, contests, and other age-appropriate entertainment, a ban on pornography, centers focused on children, and their proper education. Punishment helps to save society from crime, allows an orderly life without violence, and reforms the offender. The rationale for punishment is found in the results: crime prevention and reintegration into society. It is designed to be pretty forward-looking and get beneficial results for the future of youth. Ending violence against children requires cooperation from the government, schools, police, courts, social workers, and nonprofits. This includes encouraging reform, offering alternatives to imprisonment, and treating young people respectfully throughout the process.
Youth is a great asset to any nation. Their proper education and development are much required for the country. However, due to conflicts, work, family matters, and relationships with companions, children initially engage in minor Offences, which increase and evolve into serious problems. Therefore, all of us as a person, parents, caretakers, and as a part or whole of society are responsible for training these children to have a sound cultural environment and giving them opportunities to develop physically, mentally, morally, and socially.
States should provide equal opportunities for the development of all children without arousing inequality for betterment and sustainability in social justice. Children should be obedient, respectful, virtuous, and good in character. A certain percentage do not abide by the laws for numerous reasons that trigger delinquency in juveniles. On a positive note, with investment in prevention and recovery, young people can overcome their adversities to become engaged and responsible members of society.
*******
* Assistant Professor, School of Law, IILM University, Greater Noida. Email - gaurav.kumar@iilm.edu.
** LLM Student, School of Law, IILM University, Greater Noida. Email- shrishtivermalegal@gmail.com.
[1] The Thief and His Mother, available at: https://www.indiaparenting.com/the-thief-and-his-mother.html.
[2] Section 2 (35), The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act 2 of 2016).
[3] National Crime Records Bureau, Crime in India (Ministry of Home Affairs, 2022).
[4] Ibid
[5] The Juvenile Justice Act, 1986 (Act 53 of 1986)
[6] The Children Act, 1960 (Act 60 of 1960)
[7] The Juvenile Justice (Care and Protection of Children). Act, 2000 (Act 56 of 2000)
[8] The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (Act 33 of 2006)
[9] The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act 2 of 2016).
[10] Id.
[11] Section 4, The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act 2 of 2016).
[12] Section 3, The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act 2 of 2016).
[13] Section 2(12), The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act 2 of 2016).
[14] Section 2(13), The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act 2 of 2016).
[15] Section 2(14), The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act 2 of 2016).
[16] Id at 5
[17] Section 27, The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act 2 of 2016).
[18] Section 2(20), The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act 2 of 2016).
[19] Section 47, Supra
[20] Section 48, Supra
[21] Mukesh & Anr. v. State (NCT Of Delhi) & Ors 2017 (6) SCC 1
[22] The State of Maharashtra v. Vijay Mohan Jadhav @ Nanu and Ors (2022) 2 Bom CR (Cri) 79.
[23] Jitendra Singh @ Babboo Singh v. State of U.P 2013 (11) SCC 193.
[24] Parag Bhati (Juvenile) Thrgh. Legal Guardian vs State of U.P (2016) 12 SCC 744,
[25] Saurabh Jalinder Nangre vs. Maharashtra (2019) 1 MH LJ (CRI) 701
[26] “Treat Pune Porsche crash accused as child, despite seriousness of crime: Bombay HC orders release” Firstpost, June 25, 2024. Available at: https://www.firstpost.com/india/bombay-high-court-orders-releasing-pune-porsche-accident-minor-accused-13785991.html.
[27] “Pune Porsche accident: Why Bombay HC released the accused minor who killed two techies?” The Economic times, Jun 25, 2024, Available at: https://economictimes.indiatimes.com/news/india/pune-porsche-accident-why-bombay-hc-releaed-the-accused-minor-who-killed-two-techies/articleshow/111250353.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
[28] hirumoorthy v. State represented by the Inspector of Police, 2024 SCC OnLine SC 375.