juvenile deliquency

JUVENILE DELIQUENCY Project submitted to Ms.Sonal Dass (Faculty: Criminal Law, Hons-II)

Project submitted by Saurav Gon Semester VIII

HIDAYATULLAH NATIONAL LAW UNIVERSITY RAIPUR, C.G.

ACKNOWLEDGEMENTS At the outset, I would like to express my heartfelt gratitude and thank my teacher, Ms.Sonal Dass for putting her trust in me and giving me a project topic such as this and for having the faith in me to deliver. Ma’am, I thank you for providing me an opportunity to improve myself in the subject. My gratitude also goes out to the staff and administration of HNLU for the infrastructure in the form of our library and IT Lab that was a source of great help for the completion of this project. - Saurav Gon Semester VIII

OBJECTIVES The Objectives of this Project are – 1. To shed some light on the legal provisions regarding Juvenile Delinquency. 2. To analyze the evolution and causes of Juvenile Delinquency. 3. To observe the various case laws delivering upon the subject of Juvenile Delinquency

RESEARCH METHODOLOGY This research is descriptive and analytical in nature. Secondary and Electronic resources have been largely used to gather information and data about the topic. Books and other reference as guided by Faculty have been primarily helpful in giving this project a firm structure. Websites, dictionaries and articles have also been referred.

INTRODUCTION There are two distinct approaches of defining the syntax of Juvenile Delinquency1. One is purely legalistic that aims at restricting the quantification of the problem by putting specific qualification and does not draw a distinction between Juvenile Delinquency and Juvenile Crime. Other is the social approach that aims at conducting a symptom and diagnostic study and believes in the axiom of “catch them young” to prevent the Juveniles from actually committing a crime. The Juvenile Justice Act, 1986 (hereinafter referred to as the Act) defines a delinquent juvenile as a boy less than 16 years of age or a girl under 18 years of age who has been found to commit an act or omission made punishable under any law in force at a given time.2 The Act envisages a class of “neglected and uncontrollable children” amongst the delinquents. A neglected juvenile has been defined as a child whoØ Is found begging; or Ø Is found without having any home or settled place of abode or any ostensible means of subsistence or is found destitute, whether he is an orphan or not; or Ø Has a parent or guardian who is unfit to exercise or does not exercise proper care and control over the child; or Ø Lives in a brothel or with a prostitute or frequently goes to any place used for the purpose of prostitution, or is found to associate with any prostitute or any other person who leads an immoral, drunken or developed life. This class of neglected and uncontrollable juveniles is dealt with by the Juvenile Welfare Boards3and not by the Juvenile Courts. 1 Mitra N.L. Juvenile Delinquency and Indian Justice System (New Delhi: Deep and Deep Publications, 1988 2 Section 2 (f) and (j) together

3 Section 4

There are three notable points or features of this definition that require and merit some amount of deliberation, these are: 1.

A juvenile is said to be a delinquent when he is found to commit an act or omission

made punishable under any law in force at a given time. 2.

The maximum age of a boy is 16 years

3.

The maximum age of a girl is 18 years

The definition can thus be called a legalistic definition. As a concluding observation it seems that for present Indian situation the definition of Juvenile Delinquency as in the Juvenile Justice Act, 1986 is perfectly adequate.

Extent of the Problem To point out that juvenile delinquency is on increase in India is to state the obvious and this can be easily demonstrated with the help of statistics. What is probably more interesting and useful is the rate at which delinquency continues to rise amongst juveniles and the variety of crimes that are committed by these juveniles. Also, it may be significant to find out the patterns of juvenile delinquency in terms of differentials based on age, sex and religion. In 1992 and 19934the total number of juvenile delinquents apprehended in India for cognizable crimes under Indian Penal Code and local and special laws was 21,358 and 20,067 respectively. The facts, which emerged from the figures, are as follows5: Ø Juvenile Delinquency, is essentially a problem of males, about 18.3% of the offenders are females. Ø Though the number of violent crimes like murder, rape, robberies and rioting are quite substantial, the number is much smaller as compared to offences like theft and other non – violent crimes. Ø The crimes committed under the special and local laws like gambling and bootlegging are much more than the Penal Code crimes. Ø The highest number of arrests was made for the offences of theft, gambling, rioting and others under the Prohibition Act. There have been several studies on the socio economic background of the Juvenile Delinquents in order to understand the nature of the problem in a better manner.

4 These and other figures have been taken from Crime In India, 1993, the publication of the Ministry of Home Affairs, Govt. of India. Cf Siddique Ahmad, Criminology Problems and Perspectives, 226 (Lucknow: Eastern Book Company 4th ed., 2001)

5 Siddique Ahmad, Criminology Problems and Perspectives, 225 (Lucknow: Eastern Book Company 4th ed., 2001

Socio – Economic Background Of Juveniles Apprehended6 1.

Family Background

About 80% of juveniles, about whom information was available, were living with parents and guardians and about 20% were homeless. 2.

Economic Set – up

The income of about 50% of the parents or guardians was less than five hundred rupees per month and of 33% between five hundred and one thousand rupees; only a microscopic number of cases i.e., about 0.021%, the income crossed the three thousand rupees per month mark. 3.

Religion

Figures over the years indicate that Muslims, Christians and others are slightly over represented compared to Hindus in regard to the population ratio amongst juvenile delinquents. 4.

Education

More than 65% of the Juveniles apprehended in 1993 were illiterates and the number of those having gone up to primary classes were 40%. Only 5% of the arrested juveniles had studied up to metric level and above.

5.

Sex

6 Siddique Ahmad, Criminology Problems and Perspectives, 226 (Lucknow: Eastern Book Company 4th ed., 2001)

The number of female juveniles apprehended is much lower than that of boys. In 1987, the number of boys and girls was 1,66,407 and 13,555 respectively. However, there has been a steady rise in the percentage of girls over the years the percentage for the year 1993 being about 20%. 6.

Regional Distribution

Maharashtra and Andhra Pradesh have the dubious distinction of topping the list in the Penal Code and special laws categories respectively. In the case of Uttar Pradesh the figures are 0.4 extremely low though it does not lag behind in terms of contribution to general criminality.

Dealing with Delinquency

Juvenile institutions and training schools can be of great help to youths who need to be removed from aversive environments and given a chance to learn about themselves and their world, to further education and develop needed skills, and to find purpose and meaning in their lives. In such settings the youths may have to opportunity to receive psychological counseling, group therapy, and guided group interaction. Here it is of key importance that peer-group pressures are channeled in the direction of re-socialization, rather than toward repetitive delinquent behavior. Behavior-therapy techniques- based on the assumption that delinquent behavior is learned, maintained, and changed according to the same principles as other learned behavior can show marked promise in the rehabilitation of juvenile offenders who require institutionalization. Counseling with parents and related socio-therapeutic measures are generally of vital importance in the total rehabilitation program. Probation is another method that is used widely with juvenile offenders in other countries. In keeping with the trend toward helping troubled persons in their own environments, the California Youth Authority conducted. The Community Treatment Project, a 5-year experiment in which delinquents-other than those involved in such crimes as murder, rape, or arson-were granted immediate probation and supervised and assisted in their own communities. The 270 youths treated in this project showed a rehabilitation success rate of 72% during a 15-month follow-up period. In contrast, a comparable group of 357 delinquents who underwent institutional treatment and then were released on probation showed a rehabilitation success rate of only 48% (Blake, 1967). Since 90% of the girls and 73% of the boys committed to the California Youth Authority by juvenile courts can be guided into constructive behavior without being removed from their family or community. It may be noted, however, that a key factor in the success of this pioneering research project was a marked reduction in the case of supervising probation officers. Institutionalization seems particularly questionable in the case of “juvenile status offenders”, youths whose offenses have involved acts that would not be considered criminal if committed by an adult, such as running away from home or engaging in sexual relations. In such instances, institutionalization may aggravate behavioral problem

rather than correct them. For e.g., mixing juvenile status offenders and “real” delinquents in detention facilities may provide learning experiences for non-delinquents on how to become delinquents. On the other hand, failure to institutionalize delinquents who have committed serious offenses such as robbery, assault, and murder, may be a disservice to both the delinquents and the public. In essence, it seems essential to correct the “bizarre lumping” of major felonies, minor misdemeanors, and trivial violation of social norms the general label of “juvenile delinquency”. This would enable many delinquents to be dealt with educational and social-work agencies rather than the justice systems and would make it possible for treatment programs to better meet the needs of individual delinquents. One key task in dealing with troubled youth is that of opening lines of communication with them. The behavior of even some of the most “hard core” delinquent gangs has shown marked improvement when social workers or police officers have managed to win their confidence and respect. Often such personnel can help channel the youths, activities into mobile or motorcycle rallies and other programs that provide both recreational and learning opportunities. Too often, however, as in the case of institutional and probation programs, lack of trained personnel and other resources prevent such programs. Fortunately, legislations have been enacted and special bodies formed specifically for dealing with these problems, as shall as discussed later. The big need, of course, is not only for more effective rehabilitation programs but also long-range programs aimed at the prevention of delinquency. This would mean alleviation of slum conditions, provision of adequate and recreational opportunities for disadvantages youth. Education of parents, and delineation of a more meaningful societal role for adolescents tasks for the whole society.

Juvenile delinquency and Law

The need for and importance of progressive delinquency prevention policies and the systematic study and the elaboration of measures has been recognized internationally and treaties have been signed by countries resolving to take steps toward eliminating the problem of juvenile delinquency (The Riyadh Guidelines) adopted and proclaimed by General Assembly resolution 45/112 of 14 Dec. 1990 aims at forming policies for the elimination of this problem and states. The policies and measures should involve: 1.

The provision of opportunities, in particular educational opportunities, to meet the

varying needs of youth persons and to serve as a supportive framework for safeguarding the personal development of all young persons, particularly those who are demonstrably endangered or at social risk and are in need of special care and protection; 2.

Specialized philosophies and approaches for delinquency prevention, on the basis of

laws, processes, institutions, facilities and a serve delivery network aimed at reducing the motivation, need and opportunity for, or conditions giving rise to, the commission of infractions; 3.

Official intervention to be pursued primarily in the overall interest of the young

person and guided by fairness and equity; 4.

Safeguarding the well-being, development, rights and interests of all young persons;

5.

Consideration that youthful behavior or conduct that does not conform to overall

social norms and values is often part of the maturation and growth process and tends to disappear spontaneously in most individuals with the transition to adulthood; 6.

Awareness that, in the predominant opinion of experts, labeling a young person as

“deviant”, “delinquent” or “pre-delinquent” often contributes to the development of a consistent pattern of undesirable behavior by young persons.

It also states that community-based services and programs should be developed for the prevention of juvenile delinquency, particularly where no agencies have yet been established. According to these guidelines, formal agencies of social control should only be utilized as a means of last resort. It places emphasis on preventive policies facilitating the successful socialization and integration of all children and young persons, in particular through the family, the community, peer groups, schools, vocational training and the world to work, as well as through voluntary organizations. It makes government liable to promote and provide education to all children, a field where India sadly lags behind. It also stresses on the importance of giving special attention to comprehensive policies and strategies for the prevention of alcohol, drug and other substances abuse by young persons. These guidelines in brief crystallize the attitude of the international community towards this problem. Though on many arenas India is unable to confirm its approach towards the same problem with the international guidelines, it has come close to following them in toto at least in theory. The juvenile Justice Act, 1986 (hereinafter referred to as the Act) defines a delinquent juvenile as a boy less than 16 years of age or a girl under 18 years of age who has been found to commit an act or omission made punishable under any law in force at a given time.7 The Act envisages a class of “neglected and uncontrollable children” amongst the delinquents. A neglected juvenile has been defined as a child whoØ Is found begging; or Ø Is found without having any home or settled place of abode or any ostensible means of subsistence or is found destitute, whether he is an orphan or not; or Ø Has a parent or guardian who is unfit to exercise or does not exercise proper care and control over the child; or

7 Section 2 (f) and (j) together

Ø Lives in a brothel or with a prostitute or frequently goes to any place used for the purpose of prostitution, or is found to associate with any prostitute or any other person who leads an immoral, drunken or developed life. This class of neglected and uncontrollable juveniles is dealt with by the Juvenile Welfare Boards8and not by the Juvenile Courts. It is credit to the Act that it envisages a Juvenile Welfare Board as such neglected children most of the times need guidance and help mand not retribution. Another reason for applauding the legislators is the nature of the Juvenile Courts, salient feature of which are as follows9: Ø Separate Hearing for Children’s Cases The juvenile Courts are exclusively meant for children. These courts are both distinct and independent of ordinary courts in terms of personnel or may be parts of the ordinary courts with wider jurisdiction. There may be whole time judges for these courts or magistrates and judges of ordinary courts may be given special duties in juvenile courts. Ø Informal Hearing The proceedings in a juvenile court are characterized by the nature of the hearing which is very simple and informal compared to the one in adult courts. Unlike the adult courts, where the procedure and evidence are based on legalistic considerations, the proceedings in a juvenile court are somewhat in the nature of a confidence taking place between the judge, the probation officer, the social worker, the child and the parents. The issue, generally speaking, is not whether the child committed an alleged offence, since that is ordinarily not denied, but why he did so, and what is more relevant is social rather than legal evidence. The report of the probation officer assumes great significance in this context. The informal nature however, does not imply that the general basic rules of procedures of criminal law are disregarded.10 8 Section 4

9 Siddique Ahmed, Criminology problems and Perspective, 240 (Lucknow: Eastern Book Company 4th ed., 2001) 10 Section 39

Ø Private Hearing Unlike the adult courts, only those who are directed concerned with the case are allowed to be present inside the court. Ø Curtailed Right to Counsel Since the procedure and evidence in a juvenile court are of informal nature and the assumption being that the proceedings are in the interest of the child, it is believed that a lawyer should not present represent the child.11 Ø Protection Against Legal Consequences and Stigma The law provides certain safeguards to save juvenile offenders from the criminal stigma and from disabilities arising out of the legal consequences of an action by a juvenile court. The Act provides that no disqualification would be attached to the child delinquent due to the conviction in a juvenile court.12 Ø Appeals from the Juvenile Courts’ orders No appeal lies form an order of acquittal made by the children’s court in respect of a child alleged to have committed an offence, or order of the Board that the child is not neglected.13 Ø Non-Penal Sanctions No delinquent juvenile can be sentences for death or imprisonment or committed to prison in default of payment of fine or in default of furnishing security. The courts may allow the juvenile to go home after advice or admonition, or release him on probation under the care and supervisions of parents or nay other fit person or institution or direct the juvenile to be sent to a special school.14 11 Section 28(3) 12 Section 25 13 Section 37 14 Section 22(i) and Section 21

Rehabilitation of Juvenile Delinquents in India The rehabilitation programs for juvenile delinquents in India can be divided into two categories: 1.

Institutional Treatment Programs

2.

Community Based Programs

Institutional Treatment Programs Institutional programs to rehabilitate juvenile delinquents may be classified into three categories: 1.

Observation Home

2.

Juvenile Home

3.

Special Home

Ø Observation Home Section 2 of the juvenile Justice Act provides for the establishment and maintenance of observation homes for the temporary reception of juveniles during the pendency of any enquiry against them. At present there are more than 246 observation home in India. Besides offering basic facilities like food, shelter, medical facilities and useful occupation to the children, these homes also provide the officers to observe them at close quarters. The Act requires that the neglected children and other delinquents must be housed separately. However, the crucial role of these homes in rehabilitating children is greatly affected by the day-to-day problems encountered in the management of the homes. Contravening the provisions of the Act, all delinquents are housed together. Necessary facilities and amenities extended to the children sometimes do not meet the minimum standards. They are often overcrowded and the inmates are unable to receive individual attention, which is important for their rehabilitation. Needless to state, these homes suffer from resource constraints as well as lack of will leading to an adverse impact on the rehabilitation of the children under their care.

Juvenile Homes and Special Homes Generally, in correctional institutions (juveniles/special homes) two types of programs are offered to the juvenile. On the one hand, basic amenities and on the other hand, various types of education and vocational training are imparted through instructors. A classification system based on age, physical and mental health, length of commitment, degree if delinquency and character is used to enhance the effectiveness of the programs. Besides, cultural meets, parents- inmates-staff meetings, community contacts, visits to outside institutions, excursions etc., are conducted to facilitate the socio-cultural development of the inmates. All these inputs are expected to help them reform and develop a healthy personality to lead an independent and normal life in the community after their release from the institution. While achieving this, juveniles in this institution are subjected to a certain routine in the institution, which has its implication on their rehabilitation. Evaluation of the Institutional programs to rehabilitate Juvenile Delinquents: Contemporary correctional institutions in the country appear to be in the doldrums. The quality and quantity of services and training offered to the juveniles is questionable and can be rightly and freely criticized. The lack-luster involvement of the staff at various levels is reflected in the painfully slow and development in the juveniles, and in their low capacity to cope with the difficulties they encounter after release. The institutions do not have adequate economic means, which affects their will to work. Most of the vocational programs/courses are also highly outdated. The zeal for and environment of correction and reformation if dying away in these institutions. In brief it can be said that these institutions are going through a crisis and this crisis is greatly and (unfortunately adversely affecting the rehabilitation of the juvenile delinquents, killing the last hope of assimilating them in mainstream. Community Based Programs Non-institutional or community based rehabilitation programs for juvenile delinquents may include probation release on licence, aftercare and juvenile service/ guidance bureau.

Probation Probation as a rehabilitation measure is one of the most significant approaches in community-based corrections. Sections 19 and 21 of the Act deal with the subject of probation. Under these provisions, the probation officer is expected to obtain information regarding the antecedents and family history of the juvenile and other material circumstances likely to be of assistance to the juvenile court in conducting an enquiry. On the basis of enquiry the juvenile court gives its decision. The court may order the juvenile to remain under the supervision of the probation officer for a period not exceeding three years. In the case of such order for supervision, the court shall explain to the juvenile and his/her guardian the terms and conditions of the order. The juvenile welfare board too may instead of sending the juvenile to a juvenile home may place him under the care of any guardian executing a bond with or without surety. The probation officer often counsels the family and concerned persons to understand and face the personal or environmental problems leading to the juvenile’s delinquent behavior, so that they may mitigate the problems facing the juvenile and facilitate his rehabilitation. On the other hand the effective probation supervision ability and dedication of the probation officers are partly affected by a number of facts, which in turn affect the rehabilitation of the juveniles. These factors include services, administration and public relations of probation. The service conditions of a probation officer are highly unfavorable as there is no uniformity in pay and they are underpaid. They are not trained either. They do not secretarial assistance. The ordinary people unaware of the probation system and thus do not cooperate with a probation officer. These and many other factors combine together to make the system completely useless.

Ø Release on license/Aftercare Release in license is also knows as statutory and sometimes as aftercare. The difference between statutory aftercare and non-statutory aftercare is that in the former the juvenile is

released on supervision on the condition that he will be returned to the institution, if he violates the conditions, whereas in the later there is no such legal binding as he is released from the institution after completing the entire period. However, the programs and services offered to both categories of juveniles are more or less similar. Section 49 of the Act deals with the release of the juvenile on license, section 12 (a, b) of the Act empower the State govt. to make rules to establish or recognize aftercare organizations for the purpose of taking care of juveniles after they have been released from juvenile homes or special homes and for the purpose of enabling them to lead an honest, industrious and useful; life. More importantly, Section 12 ( c) of the Act provides for the preparation or submission of a report by the probation officer in respect of each juvenile prior to his release on license or voluntary aftercare from a juvenile home or special home, as the case may be, regarding the necessity and nature of aftercare of such juvenile, the period of such aftercare, supervision thereof and for the submission of a report by the probation officer on the progress of each such juvenile. This report certainly facilities the planning of the aftercare programs for juveniles.

CONCLUSION In the late 1950s the Advisory Committee had identified difficulties in the field of aftercare, which hold ground even today. Most of the aftercare problems are interconnected with

inadequate or outdated inputs in the institution. The problem of unemployment, lack of resources and the non – cooperation of the juveniles, their family and the community pose a great threat to successful rehabilitation. Needless to state, the government has often been reactive to the sensitive issue of juvenile rehabilitation. Thus, the current trends in aftercare programmes to rehabilitate the juveniles in this country are not encouraging.

REFERENCES

Mitra N.L. Juvenile Delinquency and Indian Justice System (New Delhi: Deep and Deep Publications, 1988. Siddique Ahmad, Criminology Problems and Perspectives, 225 (Lucknow: Eastern Book Company 4th ed., 2001) Katherine S Williams Criminology (New Delhi: Universal Publications, 2001) Morgan Introduction to Psychology,576 (New Delhi: Tata McGraw Hill,1999) Coleman C James, Abnormal Psychology And Modern Life, 388( Bombay: D.B Tarporevala Sons & Co. Private Limited ed., 1988) Siegel Larry Criminoloy (Massachussets: Wardsworths Publication, 1999)