JAMIA MILLIA ISLAMIA

Faculty of Law (New Delhi)

NAME- AMIR SUBHANI KHAN

ROLL NO- 10
SEMESTER- V (REGULAR)
PROJECT TITLE- JUVENILE DELINQUENCY
SUBJECT- CRIMINOLY,PENOLOGY & VICTIMOLOGY
INTRODUCTION
More than a century ago, Abraham Lincoln said: “A child is a person who is going to carry on
what you have started. He is going to sit where you are sitting, and when you are gone, attend to
those things you think are important. You may adopt all the policies you please, but how they are
carried out depends on him. He is going to move in and take over your churches, schools,
universities and corporations. The fate of humanity is in his hands”

The problem of juvenile delinquency is not new. It occurs in all societies simple as well as
complex, that is, wherever and whenever a relationship is affected between a group of
individuals leading to maladjustments and conflict.
In a developing country like India the problem of juvenile neglect and delinquency is
considerably low but gradually increasing according to the National crime record bureau report
2007. What is worrying more is that the share of crimes committed by juveniles to total crimes
reported in the country has also increased in last three years.

MEANING
The word ‘Juvenile’ has been derived from Latin term ‘juvenis’ meaning thereby Young.
The term ‘delinquency’ has also been derived from the term do (away from) and liqueur (to
leave). The Latin initiative “delinquere’ translate as to emit in its original earliest sense

A juvenile can be defined as a child who has not attained a certain age at which he can be held
liable for his criminal acts like an adult person under the law of the country.

Juvenile delinquency, also known as juvenile offending, youth crime or juvenile in conflict with
the law is participation in illegal behavior by minors (juveniles) (individuals younger than the
statutory age of majority).1 Most legal systems prescribe specific procedures for dealing with
juveniles, such as juvenile detention centers, and courts. A juvenile delinquent is a person who is
typically under the age of 18 and commits an act that otherwise would have been charged as a
crime if they were an adult. Depending on the type and severity of the offense committed, it is
possible for persons under 18 to be charged and tried as adults.

In recent years, the average age for first arrest has dropped significantly, and younger boys and
girls are committing crimes. Between 60-80% percent of adolescents, and preadolescents engage
in some form of juvenile offense.2These can range from status offenses (such as underage
smoking), to property crimes and violent crimes. The percent of teens who offend is so high that
it would seem to be a cause for worry. However, juvenile offending can be considered normative
adolescent behavior.This is because most teens tend to offend by committing non-violent crimes,
only once or a few times, and only during adolescence.

1
Criminology & Penology with Victimology, Prof. N.V.Paranjape,
2
Ibid
CAUSES OF JUVENILE DELINQUENCY
1. Poverty: Poverty is one of the major reasons for juvenile delinquency. Juveniles indulge
themselves in delinquent acts in order to meet and satisfy the primary wants of their life.

2. Family: It has been widely accepted that families of delinquents are characterized by
discords, desertions and other problems.Such families have been pointed out as one of the
main causes of delinquency.

3. Neighbourhood:The immediate environments of a child also affect the trend he will

adopt in connection with his personality. Juvenile delinquents largely belong to areas of
poor living conditions.

4. Factors related to Mental Health: various mental health factors contribute to juvenile
delinquency. For example: Conduct disorder.

5. Virtual world:Constant exposure to aggression – verbal and physical – on television

news, videos and games also contributes to increasing juvenile delinquency.

6. Substance Abuse: there is a strong relationship between substance abuse and juvenile
delinquency.Substance abuse is associated with both violent and income-generating
crimes by youth.

7. Bad Peer Group: Juvenile delinquency is often caused or worsened by peer pressure

HISTORY
It was Pope Clement XI, who first introduced, in 1704, the idea of ‘the correction and instruction
of profligate youth’ in institutional treatment. The move to established special courts for
juveniles was initiated, for the first time, in 1847, in United States of America. However, the first
‘Juvenile Court’ could be established, only in 1899, in Chicago under Juveniles Offenders Act.
In England the first Juvenile court was set up in 19053.

The term ‘Juvenile justice’ was used for the first time by the legislature by the state of Illinois,
USA, in 18994, while passing the Juvenile Court Act. The approach under laying this law was
that juvenile offenders should not be meted out the same punitive and retaliatory treatment as
adults but rather given individual attention for their own protection as well as that of the society
(Chinte, 1949).

3
Juvenile Delinquency, Dr. Sheetal Kanwal
4
Ibid
In India, which has a long history of Juvenile legislation, most statutory provisions have
followed, more or less, the British pattern. The Apprentices Act, 1850 is chronologically the first
law meant to deal with the children in distress who are to be trained for trade and industry.
Even the penal laws such as the Indian Penal Code, 1860 exempts children under the age of
seven years from criminal responsibility (Section 82). It also exempts children between the age
of seven to twelve years, who have not attained sufficient maturity of understanding to judge the
nature and consequences of their conduct, from criminal responsibility (Section 83).

The Reformatory School Act enacted in 1876 and later modified in 1897, was the next landmark
legislation in the treatment of juvenile delinquents. It empowered local government to establish
reformatory schools. Under the Act, the sentencing court could detain boys in such institutions
for a period of two to seven years but they would not be kept in the reformatory schools after
they had attained the age of eighteen years. There was also a provision to license out boys over
fourteen years of age if suitable employment could be found.5

The Code of Criminal Procedure of 1898 provided specialized treatment for juvenile offenders.
The Code also envisaged the commitment of juvenile offenders up-to the age of fifteen years to
Reformatory Schools and provided probation for good conduct to offenders up-to the age of
twenty one. Subsequent Indian children Acts passed by the Presidencies and provinces
maintained this thinking. These laws contained provisions for the establishment of a specialized
mechanism for the identification of handling and treatment of children and juveniles.

In the post independence period; the Government of India was seized of the problems among
others, of juvenile justice particularly in the centrally administered union territories. This is what
led to the Children Act.1960. The law was in full force in all the UTs, but the states, not having
juvenile legislation, were free to adopt it. As would be expected, at this stage, juvenile justice in
the country was uneven and had varying standards, norms and practices. These problems were
sought to be removed through the Juvenile Justice Act 1986. The law was in force throughout the
country.

International Instruments and Conventions dealing with Juvenile Justice

1. UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules)

2. UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines)

3. UN Rules for the Protection of Juvenile Deprived of their Liberty (Havana Conventions)

4. Guidelines for the Action on Children in Criminal Juvenile System (Vienna Guidelines)

5
Criminology,Neeraj Kumar Gupta
JUDICIAL DECISION
The approach of the Supreme Court towards juvenile has been very liberal. It was way back in
1977, when Supreme Court in a case of Raisul v State of UP6 held that penalty of death should
not be imposed on a person below 18 years of age

Regarding apprehension and production of the juvenile also the Supreme Court has been very
sensitive. In Sheeela Barse and Anr. v. Union of India7, the Supreme Court directed the District
Judges in the country to nominate the Chief Judicial Magistrate or any other Judicial Magistrate
to visit there respective jails and ascertain how many children below 16 years of age were
confined and what were the charges against them.

Juvenile Justice Act, 1986

India was the first country to grow its system in the light of the principle enunciated in the
United Nation Standard Minimum Rules for the Administration of the Juvenile Justice The main
objectives were:8

1. To provide a specialized approach towards the prevention and control of juvenile

delinquency
2. To come up with the machinery and infrastructure for Juvenile Justice operations
3. To establish the norms and standards for the administration of Juvenile Justice

Juvenile Justice (Care and Protection of Children) Act, 2000

The main features of this Act are:

1. The Title of the Act stresses on the need for care and protection to both categories of
children
2. Uniform age for both boys and girls – any child who has not completed the age of 18 fall
within the jurisdiction of the Act
3. Separation of child in need of care and protection and child in conflict with law
4. Constitution of Child Welfare Committees to deal with children in need of care and
protection and Juvenile Justice Boards to handle children in conflict with law

6
AIR 1977 (SC) 1822
7
(1986) 3 SCC 596
8
Information Technology Act 2000, India, available at: https://blog.forumias.com/article/juvenile-delinquency-in-
india
 5. The category of children in need of care and protection has been expanded to include
victims of armed conflict, natural calamity, civil commotion, child who is found
vulnerable and likely to be inducted into drug abuse
6. More legal protection assured for the child in conflict with law – detention to be resorted
to as the last option, disqualification of past records and privacy maintained
7. The law outline four options of restoration for children in children’s homes and special
homes which include adoption, foster care, sponsorship and after care

The Juvenile Justice (Care and Protection of Children) Amendment Act,

2006
The JJ Act 2000 was subsequently amended and hereafter referred to as the Principal Act

This Act forms the legal system and framework for the care, protection, treatment and
rehabilitation of children of both categories The Objective of the Act:

1. To Lay Down A Legal Structure For The Juvenile Justice System In The Country
2. To Provide A Special Approach To The Protection And Treatment Of Juveniles
3. To outline the machinery and infrastructure required for the care, protection, treatment,
development and rehabilitation of juveniles
4. To establish norms and standards for administration of juvenile justice

5 . To establish linkages and co-ordination between the formal system of juvenile justice and
voluntary efforts in the welfare of juveniles

5. To constitute special offences in relation to juveniles and provide punishment.

The Juvenile Justice (Care and Protection of Children) Act, 2015

It was enacted to replace the existing Juvenile Delinquency law, the Juvenile Justice (Care and
Protection of Children) Act, 2000 so that juveniles in conflict with law in the age group of 16-18
years, involved in heinous offences can be trialled as adults

1. It empowers the Juvenile Justice Board to decide if a juvenile criminal in the age group of
16–18 should tried as an adult or not.
 2. The Act had tried to make the adoption process of orphaned, abandoned and surrendered
children more streamlined while adopting some of the concepts from The Hague
Convention on Protection of Children and Cooperation in Respect of Inter-Country
Adoption.

3. The act had introduced foster care in India under section 44. As per this, the families
would sign up and the abandoned, orphaned children or those in conflict with the law
would be sent to them.Such families will be monitored and shall receive financial aid
from the state.

4. The law had also made provision that while adopting child, priority is given to disabled
children and physically and financially incapable children.

5. The parents who are giving up their child for adoption get 3 months to reconsider their
decision {It was earlier 1 month}.

6. The law mandated that any person giving alcohol or drugs to child would be punished
with 7 years imprison or Rs. 1 Lakh fine or both. A person selling a child would be
imprisoned for five years or Rs. 1 lakh fine or both.

SUGGESTION AND RECOMMENDATIONS

1. Formulation of Minimum Standards- A child cannot develop into a normal human
being by the normal provision of food, shelter and clothing. It is necessary to formulate
minimum standards of services for various community and institutional services for
children under the JJ Act. The qualifications, salary structure, staff pattern, the
architecture of the building, and other factors should be in accordance with the objective
of providing alternative family care to the juveniles, ultimately leading to their
rehabilitation in society.

2. National Commission for Children– A national commission for children’s welfare was
suggested by the high-level committee constituted by the Supreme Court in a public
interest petition for basic facilities for children engaged in the fireworks industry in
Madras and Sivakasi in the early 1990s. The government has reiterated its desire to
constitute one on several occasions subsequently, but one has still to be constituted.

3. Strategy for Change– Probation and other community-based programs cost less than
institutionalization. They should also be preferred for their potential for ensuring better
care and rehabilitation for juveniles. The state has paid some attention to children but
other more demanding pressure groups and priorities deemed necessary have been able to
divert the resources for their causes.
 4. Special Training Programme-A special training program must be prepared and the
officers of the Board including the Principal Magistrate should be given training of child
psychology and child welfare.

5. Sports and Functional Programmes-For better welfare of juvenile games, sports and
other functional programs may be organized in observation home and institution and
encourage the juvenile to participate in these programs so they connect themselves with
society. During festival seasons some cultural programs should be organized in the
homes for the inmates with the assistance of voluntary organizations.

6. Education and Schooling– Schooling of the children in the homes up to the age of 14
should be made compulsory. They should be given the best of the facilities and
opportunities like any Boarding school (hostel) making a course of moral science and
civics compulsory for those who are in homes. For the welfare of juvenile, he must be
allowed to go on leave and released on license during the examination so that he can
continue with his studies. Sponsorships should be provided for the education of juveniles
in good institutions. Personality enhancement courses should be organized.

7. Courses and Seminars-Orientation courses, seminars and awareness programs should be

organized by government on juvenile justice on regular intervals to enable the
functionaries to imbibe the message discussed and conveyed to them.

8. Providing Assistance-A social worker may be associated with the investigation made by
the police officer. In the child cell, at least one lady police officer should be posted.

CONCLUSION
Children are all around us. They represent about a quarter of the world’s population. They are
not equipped to defend themselves; they must depend on what is given to them. They are victims
of circumstances. In India, one will find children starving for food, begging on the streets,
deprived of basic necessities of life and such children amounts to almost half of the total children
in the country. Now is the time when the intervention of the State is necessary for such matters.