The term juvenile delinquency is very often used in common man’s vocabulary. The dictionary meaning of ‘juvenile’ is a ‘young person’ or a child and of ‘delinquency’ is failure in or ‘omission of duty’ or ‘fault’ or crime. Juvenile delinquency indicates any failure in or omission of duty or fault or crime on the part of a child. Likewise delinquent according to dictionary means an individual who fails or leaves his duty or a transgressor. So it refers to an offender or a transgressor who is a child. That is to say that by juvenile delinquency, one should bear in mind the offences committed by the individuals who are under certain ages as specified in the law of the land. Though the age varies from society to society and even among the different strata of the society it has been noticed that the majority of the nations in the world fix the age, with little variations at 18 years approximately.  Thus the concept juveniles embraces both the children and adolescents. So in brief, delinquent propensities or acts of children as well of adolescents are treated as juvenile delinquency.

Crime and Delinquency

We are fond of using the term delinquency rather than crime when either a child or an adolescent commits an offence. Dr. Manshardt desires to draw a distinctive line between delinquency and criminality. It is perhaps due to the fact that juvenile delinquency starts with no definite purpose or motive. At the first stage, there is no motive of material gain. The offence is committed just to earn livelihood with minimum labor. Moreover, Csare Becearea, the founder of classical school of criminology, while discussing punishment for criminality has exempted the children and the insane from punishment viewing that the children are incapable of skilful judgment as to the importance of their acts. Hence in case of crime, there should a definite motive or purpose, a capacity of skilful judgment of the act. While delinquency includes any type of wrong doing, either having a motive of material gain or not, a delinquent child can be defined as a “wayward, incorrigible or habitually disobedient child.”

Thus running away from school, truancy, visiting places where liquor is used, wandering about protected places, indulging in sexual promiscuity, associating with deviants smoking cigarettes and the like are considered as juvenile offences. So it can be said that delinquency is more inclusive in nature, although the range of inclusion varies among different societies of the world. It can be seen that which is an offence to a juvenile is not an offence to an adult. For example running away from home or smoking cigarettes is not considered as an offence in case of adults, but it is very often treated as offence when committed by a juvenile. Hence the term delinquency rather than crime is used in a wider sense of the concept. Juvenile delinquency is one of the major social problems of deviation, which almost all the modern societies have to face. To give an example, as the category of activities being recognized in the United States as delinquent acts:

l Driving a car without a license

l Skipping school

l Running away

l School probation or expulsion

l Stealing items

l Gang fighting

l Using narcotics

l Having sex relations

Juvenile Delinquency In India

Juvenile delinquency is somewhat different in nature in

India as compared to other societies. For example, vandalism is treated as an expression of juvenile offence. In our country one can find that urchins are destroying public properties like street bulbs, buses, school property, and so on. Then theft is also prevalent. Different types of cases are found. To give an example, there are youngsters who are employed in households as servants or cooks. Generally these boys depart secretly with valuables. There are also cases of pilferage. In fact the most vulnerable are railways. Neglected children, who are allowed to hawk in the streets, learn smoking and get addicted to cinema and bad literature. In order to get money for this, they try to steal, cheat, and thereby involve themselves in many other wrongful activities.

Background Of The Juvenile Problem In Modern Societies

The worldwide upsurge in delinquency is due to the growing complexity in social structure and the breakdown of the traditional pattern of social organization. The reason behind such breakdown is the rapid pace of industrialization in the country. Don. C. Gibbons has stated that “greater the degree of industrialization, modernization, urbanization and the like, the higher the rates of delinquency and criminality”.

The industrial revolution has changed the mode of production. Large-scale production has taken both the work and the worker in the factory and less and less people stay at home. This change in family pattern has led to partial interpersonal and superficial relationships in all areas of social-life. The alienation caused by urbanisation has shattered the very foundations of well led family life. This process in the long run leads to deviations in the individual behaviour. The enculturization of the child is essentially the primary function of the family. But the members of the modern families have little time or zeal to perform this function effectively and efficiently. Thus, growing intensity of superficial and of impersonal relations among the members ultimately leads to the lack of smooth family relationship. Any defective family relationship generates stress and strain on the part of individuals and begets tendency towards socially mal-adaptive character formation. Juvenile Delinquency is one of the major social problems resulting from the rapid pace of urbanisation and industrialisation.

Rehabilitation  

All juvenile delinquents should benefit from the arrangements designed to assist them in re-establishing themselves in the society, family-life, education or employment after release. The competent authorities should ensure juveniles to be provided with suitable residence, employment, clothing, and sufficient means to maintain him or her or upon release to facilitate successful rehabilitation.

Purview of The Beijing Rules

The Beijing Rules, adopted by the United Nations in 1985, provide for the guidance of the State for the protection of children’s rights and respect their needs in the development of separate and specialized systems of juvenile justice.

These broad fundamental perspectives refer to comprehensive social policy in general and aim at promoting juvenile welfare to the greatest possible extent, which will minimize the necessity of intervention by the juvenile justice system, and in turn, will reduce the harm that may be caused by any intervention. Such care measures for the young, before the onset of delinquency, are basic policy requisites designed to obviate the need for the application of the Rules. These rules are recommendatory and not binding per se.

Detention pending trial

l Detention pending trial shall be used only as a measure of last resort and for the shortest possible period of time.

l Whenever possible, detention pending trial shall be replaced by alternative measures, such as close supervision, intensive care or placement with a family or in an educational setting or home.

l Juveniles under detention pending trial shall be entitled to all rights and guarantees of the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations.

l Juveniles under detention pending trial shall be kept separate from adults and shall be detained in a separate institution or in a separate part of an institution also holding adults.

l While in custody, juveniles shall receive care, protection and all necessary individual assistance-social, educational, vocational, psychological, medical and physical-that they may require in view of their age, sex and personality.

The danger to juveniles of “criminal contamination” while in detention pending trial must not be underestimated. It is therefore important to stress the need for alternative measures. By doing so, the Beijing rule encourages the devising of new and innovative measures to avoid such detention in the interest of the well-being of the juvenile. Juveniles under detention pending trial are entitled to all the rights and guarantees of the Standard Minimum Rules for the Treatment of Prisoners as well as the International Covenant on Civil and Political Rights, especially article 9 and article 10, paragraphs 2 (b) and 3.

The essence of Beijing Rules promotes institutional treatment in the best possible manner for the least possible time. Efforts should be made to provide semi-institutional arrangements, such as half-way houses, educational homes, day-time training centres and other such appropriate arrangements that may assist juveniles in their proper reintegration into society.

The importance of care following a period of institutionalisation should not be underestimated. This rule emphasises the necessity of forming a net of semi-institutional arrangements.

This rule also emphasises the need for a diverse range of facilities and services designed to meet the different needs of young offenders re-entering the community and to provide guidance and structural support as an important step towards successful reintegration into society.

SALIENT FEATURES OF JUVENILE JUSTICE ACT OF 2000

• Constitution of juvenile justice boards for a district and a group of districts specified in the notification for exercising the powers, and discharging the duties in relation with the juveniles in conflict with law under this act. (sec. 4)
• The state government to maintain and establish observation homes in every district or a group of districts, either by itself or under an agreement with the voluntary organisations. Sec8 (3), says that government should with the rules made in this behalf, provide for the standards and various types of services to be provided by them, for rehabilitation and social integration of a juvenile.Sec.8 (4)  provides for the separation of children according to their age groups.
• Where a juvenile is arrested, the officer in-charge of the police station or the special juvenile police unit should inform the parents or the guardian of the juvenile, and direct him to present at the board before which the juvenile will appear. (Sec.13)
• Where an inquiry is being initiated against a juvenile, by the board, it should be completed within four months of date of its initiation, unless it is being extended by the board having regard to the circumstances of the case and in special cases after recording the reasons in writing. (Sec. 14)
• Rehabilitation program and social reintegration: The rehabilitation and social reintegration of child shall begin during the stay of the child in a children’s home or a special home and it should be carried out alternatively by adoption, foster care, sponsorship and sending the child to an after care organisation. (Sec. 40)
• Adoption shall be resorted to for the rehabilitation of such children as are orphaned, abandoned, neglected and abused through institutional and non- institutional methods.  The board shall be empowered to give children in adoption and carry out such investigations as are required for giving children in adoption.
• The state government may make rules for the purpose of carrying out various schemes of foster care programs for the children.
• The state government may make rules for the purpose of carrying out various schemes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship.
• The state government may make rules for the purpose of carrying out various schemes for the recognition of after care organisation and the functions that may be performed by them under this act.
• The state government may make rules to ensure effective linkages between various governmental, non-governmental, corporate and other community agencies for facilitating the rehabilitation and social reintegration of the child.

BY LAWZ BUREAU