Juvenile Delinquency

UNIT-I
Q.1 Laws relating to child in constitution and Indian penal code.
Ans. Introduction:
Children are necessarily entitled to various specific provisions in India and across the world,
but their proper implementation can only lead to their realisation. Violation of rights of
children can be seen in the form of abuse, trafficking, inadequate health facilities,
malnutrition, and so on. The UN Convention on Child Rights led to development plans,
strategies and various other programs to combat the violation of child rights.
A country like India, with the population level requires, needs to pay more attention to
enforcing all the legislations, policies, rules and regulations that come out as notifications, it
also needs assessment from time-to-time. Despite the presence of International and National
Standards, children remain a vulnerable section of the society in need of special care and
protection.
The country needs to interpret each section of an Act in its context and overcome its hurdles
by finding means to provide equal access to education to all.
Through affirmative action mandated by the constitution of India, we can hope to achieve all-
round development. India, being a diverse country, improvement has always been unstable,
and some areas have come up well in the development indicators while others are still
staggering behind. More and more children are malnourished today, and these issues need to
be addressed for a more comprehensive framework. As per 2011 census, the growth in the
implementation of child rights in India is stunted, we could hope to grow it with proper
implementation of the laws.
Who is a Child?
Child means any person who has not completed eighteen years of age.
What are Child Rights?
The most basic needs of the children are referred to as rights. The most basic needs of
children are referred to as rights. Child rights are specialised human rights that apply to all
human beings below the age of 18. According to the United Nations Convention on the
Rights of the Child (UNCRC,1989), Child Rights are minimum entitlements and freedoms
that should be afforded to all persons below the age of 18 regardless of race, color, gender,
language, religion, opinions, origins, wealth, birth status or ability and therefore apply to all
people everywhere. The specialised rights found by them are Right to Survival, Protection,
Participation and Development. [ii]
Problems Children In India Face
Children in India go through the following problems for which various legal provisions have
come about
Child Abuse
Children were subjected to exploitation in various forms, and thus the need for provincial
legislation was realised. In several countries like India, intrafamilial child abuse, that is
detrimental to the growth of a child has gained momentum, and this has led to the
establishment of National Institute for Public Cooperation and Child Development (NIPCC),
1988. Consequently, Pande can argue that "... high pitched campaigns have often yielded
concentration on non-issues. Child abuse is one such case since the problem has been taken
up for implementation without having ascertained the nature and magnitude of the problem."
[iii]
Various provisions in the Directive Principles of State Policy (Constitution of India) and the
Indian Penal Code provides specific provisions if the child rights are violated. The Ministry
of Women and Child Department (MWCD) came out with four indicators to demarcate the
extent of abuse including physical, sexual, emotional and girl-child neglect. Goa Children's
Act, 2003 was the only specific piece of child abuse legislation before the 2012 Act called
POCSO (The Protection of Children from Sexual Offences (POCSO) Act, 2012).
POCSO is the extensive provision relating to child abuse in India and provides for the
definition of a child, offences under the Act and also for the creation of a Child Welfare
Committee. Article 15(3) and Article 39 under Part IV of the Indian Constitution, including
other legislation passed by the Indian Parliament delivers the same purpose as UN
Convention on the Rights of the Child(UNCRC), adopted by the UN General Assembly in
1989.
Child Soldier
Children below the age of 18 are recruited by various Military Corps and Armed Forces
according to the capacity, including but not limited to children, boys and girls, used as
fighters, cooks, porters, messengers, spies or for sexual purposes.[iv]
Article 1, 2, 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child [v]
provides legislations in favour of children recruited by Armed Forces and Military Corps.
Specifically in India, Section 83 of the Juvenile Justice Act, 2015 penalises the State or any
other such organisation that recruits children forcefully for labour work. Article 19 and
Article 37a of CRC (The United Nations Convention on the Rights of the Child) confers upon
the State the responsibility to prevent any such abuse and also the duty to protect the rights of
Children.
Furthermore, in addition to the Articles enshrined in the Constitution of India for the
protection of rights of children, Article 34 and 36 of CRC and also the POCSO Act provides
for the powers of the State to make rules to protect the child against all forms of exploitation
that he may be subjected to.
In the case of Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of
India, the court issued a directive that North-Eastern States and relevant Central Government
ministries needed to ensure that schools, hospitals and children’s home complexes currently
occupied by armed/security forces are vacated and that school buildings and hostels are not
allowed to be occupied by the armed or security forces in the future for whatsoever purpose.
[vi]
Child Labour
According to Article 1 of CRC, A child means every human below the age of 18 years
unless, under the law applicable to the child, a majority is attained earlier. The Article thus
grants individual countries the discretion to determine by law whether childhood ceases at 12,
14, 16, or whatever age is found appropriate.[vii]
The main object of the Child Labour ( Prohibition and Regulation) Act, 1986, is to address
the concern over the employment of children in hazardous industries when they are below the
age of 14. The Act under Section 13 gives the facilities children are entitled to while they are
employed (in case the child is above the age of 14) and also lists which industries cannot
employ them. Factories Act 1948, The Beedi and Cigar Workers( Condition of Employment)
Act, 1966, Plantation Labor Act, 1951 and Domestic Workers (Registration Social Security
and Welfare) Act, 2008 contains in them relevant provisions under the Sections enacted in
the legislation.[viii]
Changes in the form of Amendments have been made in the Child Labour Act of 1986 with
time when the inclusion of more exclusive provisions was realised. The Act delegates the
power to make rules and regulations to the Central Government and the concerned authority
who have come out with provisions regarding processes and occupation that children can
engage in and also relating to the penalties that the State or the company/authority that
employs the child may have to face if they violate the norms of the Act. The National Policy
on Child Labour, August 1987 contains the action plan for tackling the problem of child
labour.
Child Rights In India
The child rights in India are mentioned in the constitution, in Acts, legislations, policies and
schemes.
Constitution of India
The Founding Fathers of the Constitution have brought about specific provisions in Chapter
III and IV of the Constitution under Fundamental Rights and Directive Principles of State
Policy respectively, recognising the importance of child welfare and their development.
The Preamble of The Indian Constitution
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;[xix]
The Preamble of the Indian Constitution gives us a bird’s eye view of what basic rights the
children are entitled to.
The Fundamental Rights
Fundamental rights are those rights which are essential for the development of the individual
and the society and apply to everyone irrespective of caste, creed, sex, birthplace, religion or
race. These are justiciable and enforceable rights.
The Fundamental Rights enshrined in the Constitution of India are as follows:
Right to equality (Articles. 14-18)
Right to freedom (Articles. 19-22)
Right against exploitation (Articles. 23-24)
Right to freedom of religion (Articles. 25-28)
Cultural and Educational Rights (Articles. 29-30), and
Right to constitutional remedies (Articles. 32-35)
Article 14- Equality before Law
The State shall not deny to any person equality before the law or the equal protection of the
laws within the territory of India.[xx]
This provision of the Indian Constitution applies to the children as well.
Article 15- Prohibition of discrimination on the grounds of religion, race, caste, sex or place
of birth
Article 15(1) specifies that the State shall not discriminate any citizen residing in the territory
of India based on caste, creed, sex, birthplace, religion or race and 15(2) says that no person
can be restricted from using any public property on any of these grounds.
Article 15(3)
Nothing in this article shall prevent the State from making any special provision for women
and children.[xxi]

The above Article is a positive step for the benefit of women and children, and this came
around the time when Article 21 was inculcated in the Constitution of India providing the
right to food, nutrition and health.
Article 17-Abolition of Untouchability
Untouchability is abolished, and its practice in any form is forbidden. The enforcement of any
disability arising out of Untouchability shall be an offence punishable under the law.[xxii]
This Article prevents the practice of Untouchability in any form within the territory of India
and the need for such a right was realised because children were subjected to brutal
exploitation in the past.
Article 19 -Protection of certain rights regarding freedom of speech etc
Article 19(1) of the Indian Constitution provides for the protection of different freedoms of
the citizens of India like the freedom of speech and expression, the freedom to form
associations and assemblies, the freedom to move, reside and settle and the freedom to
choose a profession.
The other clauses of the same Article talks of how the State can impose reasonable
restrictions on this Article. Children also, subject to specific conditions are entitled to Article
19 enshrined in the Constitution of India.
Article 21- Right to Life and Liberty
No person shall be deprived of his life or personal liberty except according to a procedure
established by law.[xxiii]

Article 21 of the Constitution of India states underlies the primary importance of early
childhood developments and the right to food, nutrition and health are part and parcel of this
right.
Article 21A- Right to Education
The State shall provide free and compulsory education to all children of 6 to 14 years in such
manner as the State, may by law determine.
A series of decisions, including Mohini Jain v. the State of Karnataka, 1992, Unnikrishnan v.
State of A.P., 1993, etc. culminated in converting a non-enforceable right to education in
Directive Principles of State Policy into an enforceable Fundamental Right, leading to the
incorporation of Article 21-A.[xxiv] In the judgement by the Supreme Court of India, the
right to life of an individual is fully realised only when it is read with right ti education and
hence, it was added after Article 21 and was added to the Fundamental Rights and
subsequently removed from the Directive Principles of State Policy.
Article 23- Prohibition of traffic in human beings and forced labour
Traffic in human beings and begar and other similar forms of forced labour are prohibited,
and any contravention of this provision shall be an offence punishable per law
Nothing in this article shall prevent the State from imposing compulsory service for a public
purpose, and in imposing such service, the State shall not make any discrimination on
grounds only of religion, race, caste or class or any of them.[xxv]
This right provided under the Fundamental Rights can also be read with the Right against
Exploitation under Article 17 of the Indian Constitution and is a vital provision in protecting
the rights of children.
Article 24-Prohibition of employment of children in factories, etc
No child below the age of fourteen years shall be employed to work in any factory or mine or
engaged in any other hazardous employment Provided that nothing in this sub-clause shall
authorise the detention of any person beyond the maximum period prescribed by any law
made by Parliament under sub-clause (b) of clause ( 7 ); or such person is detained in
accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b)
of clause ( 7 )[xxvi]
More often than not, we get to hear the world Child labour, to prevent this from happening, a
Fundamental Right, justiciable and enforceable has been brought about
Other Articles
Children in India are also entitled to other rights like, Right Protection against arrest and
detention (Article 22), Freedom of Conscience and practice of Religion (Article 25), Freedom
to manage religious affairs (Article 26) , Freedom to promote one’s religion (Article 27),
Freedom of religious instruction (Article 28), Protection of Rights of Minorities (Article 29)
including the Right to conserve one’s language, script and culture and facilities for instruction
in mother-tongue at primary stage under Article 350, and The Right to move the Supreme
Court for enforcement of rights (Article 32) popularly known as Right to Constitutional
Remedies.
Directive Principles of State Policy
Though the Directive Principles of State Policy are supplementary to Fundamental Rights and
provide direction to governance, they are, however, nonjusticiable in themselves and require
legal sanction for realisation. There are some specific provisions under this for children and
the realisation of their rights.
Article 39A- Equal justice and free legal aid
The State shall secure that the operation of the legal system promotes justice, on the basis of
equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for securing justice are not denied
to any citizen by reason of economic or other disabilities.[xxvii]

Article 39(e) states that

that the health and strength of workers, men and women, and the tender age of children are
not abused and that citizens are not forced by economic necessity to enter avocations unsuited
to their age or strength;[xxviii]

Clause (e) of Article 39 has provisions relating to the health and well-being of the children.

Article 39(f) states that

those children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment. [xxix]
This provision in the Constitution of India talks specifically about the opportunities and
facilities to be vetted out to them in a manner that protects their freedom and dignity.

Other provisions under the Directive Principles of State Policy include Article 47 and Article
51 that enshrines the raising of nutrition level to meet the standards of people and the need to
respect the International treaties entered upon by India.
Fundamental Duties
Article 51A
Clause (k) of Article 51A states that

It shall be the duty of every citizen of India who is a parent or guardian to provide
opportunities for education to his child or, as the case may be, ward between the age of six
and fourteen years.[xxx]

India adopted a National Policy for Children in 1974, declaring children to be the nation’s
most precious asset. In the 1990 World Summit for Children, the Government of India
adopted a National Plan of Action for Children in 1992 keeping in mind some goals and
subsequently in the same year ratified Conventions on the Rights of the Child (CRC).

The 86th Amendment to the Constitution, on the Fundamental Right to Education for the 6 to
14 years age group, has also led to the inclusion of an additional clause under article 51A
that imposes a fundamental duty upon parents or guardians to provide opportunities for
education of their children/wards between the ages of 6 and 14 years.[xxxi]
Constitutional Provisions must be backed by law, policy and programmes and schemes
Rights under IPC 1860:
Introduction
Children all over the world are considered among the most vulnerable & innocent victims of
crimes committed in the society. Amongst the most significant legislations enacted to protect
children’s rights and ensure their safety are the POCSO Act and the Juvenile Justice Act,
whereas the Indian Penal Code, 1860 recognises the various offences committed against
children and penalizes their commission under various heads. These offences may include
homicide, foeticides, kidnapping, sexual acts, etc. and are discussed herein.
Murder (Section 302)
Murder, as defined under Section 300, is a species of the offence of culpable homicide. The
acts excepted under this section are found to be culpable homicide not amounting to murder.
Any person who commits an offence of Murder is punishable under Section 302 with death,
or imprisonment for life & fine; provided that death penalty is pronounced only in the rarest
of rare cases whereby the collective conscience of the community expects the holders of the
judicial power centre to inflict such punishment irrespective of their personal opinion, for
example, when the victim is an innocent child.
Abetment of Suicide (Section 305)
Abetment by other persons for the commitment of suicide by children: Section 305 of the IPC
provides that a person who abets suicide, committed by a person under the age of eighteen
years shall be punished with death/life imprisonment, or imprisonment of upto 10 years and
fine. This provision is based on a reasonable public policy principle to prevent other persons’
involvement, instigation, and aiding in the termination of a child’s life.
Kidnapping & Abduction
Kidnapping in any form curtails the liberty of an individual, thereby impinging the right to
life guaranteed under Article 21 of the Constitution of India. The IPC, under Section 359,
recognises two kinds of ‘kidnapping’:
Kidnapping from India; and
Kidnapping from lawful guardianship.
An offender of kidnapping shall be punished under Section 363 of the IPC with imprisonment
of upto 7 years and fine.
Kidnapping for exporting (Section 360)
Section 360 provides that whoever conveys any person ‘beyond the limits of India’ without
his/her consent or of the legal guardian, commits the offence of kidnapping that person from
India. It essentially indicates that the offence is complete the moment a person is taken
outside the geographical territory of India, but until so happens it may amount to an attempt
to commit this offence banking on the principle of locus poenitentiae.
Kidnapping from lawful guardianship (Section 361)
Section 361 deals with the taking away/enticing of minor children, i.e. under sixteen/eighteen
years of age for male/female respectively, from lawful guardianship without their consent.
The object of the section is to afford protection & security to minor wards from being
seduced, harmed, or otherwise exploited by others.
Kidnapping for ransom (Section 364A)
Section 364A of the IPC provides that whoever kidnaps/abducts and detains a person while
causing reasonable apprehension of death/hurt in order to extort ransom, shall be punishable
with death/life imprisonment and fine. This section was inserted in the IPC by the Criminal
Law (Amendment) Act, 1993 to provide for stringent punishments for such an offence.
Kidnapping for begging (Section 363-A)
Section 363A was introduced in the year 1959 to counter the growth of ‘organized begging’,
wherein unscrupulous persons kidnapped children and maimed them for the purpose of
begging, as defined under this section. It also introduced the presumption that if a person
other than the lawful guardian uses/employs a minor for begging, then unless the contrary is
proven, the child is presumed to be kidnapped. The offence of kidnapping the minor for
begging is punishable with simple/rigorous imprisonment upto 10 years and fine, and if the
child is maimed during the commission of this offence, the accused shall be punished with
imprisonment for life.
Kidnapping to compel for marriage (Section 366)
Section 366 provides that whoever kidnaps/abducts any woman with intent/knowledge likely
to compel her to marry any person against her will, or in order that she may be
forced/seduced to illicit intercourse shall be punishable with imprisonment of upto 10 years
and fine. Further, if such offence is committed by employing the means of criminal
intimidation/abuse of authority, the same punishment shall apply. The Bombay High Court,
in the case of Emperor v. Ayubkhan Mir Sultan, has laid down that a minor’s consent to
marry the accused cannot be effective even for the purposes of this section, and that it would
amount to an offence under such circumstances. This was later affirmed by the Apex Court in
its judgment of Thakorlal D Vadgama v. State of Gujarat, by stating that if the accused had
laid a foundation by inducement/allurement/threat and if this gain influences the minor to
leave her guardian’s custody, then it’d be prima facie difficult for him to plead innocence on
the ground that the minor voluntarily came to him.
Kidnapping for slavery etc. (Section 367)
Section 367 punishes those persons who kidnap/abduct any person in order to subject him or
dispose him to the danger of being subjected to grievous hurt/slavery/unnatural lust of
anyone, with imprisonment of upto 10 years and fine.
Kidnapping for stealing from its person (Section 369)
Under 10 years of age only: Section 369 provides the punishment for kidnapping/abducting a
child under 10 years of age in order to dishonestly take any movable property from the person
of such child, by making the offender liable with imprisonment of upto 7 years and fine.
Procuration of minor girls (Section 366-A)
For inducement to force or seduce, to illicit intercourse: For convicting a person under
Section 366-A, it’s essential to establish that he has induced a minor girl below the age of 18
years to go from any place/ do any act with the intent/knowledge that she would be
forced/seduced to illicit intercourse with another person. Such offender shall be punishable
with imprisonment of upto 10 years and fine.
Selling of minors for prostitution (Section 372)
Section 372 provides the punishment for selling a person under the age of 18 years of either
sex for the purpose of prostitution, illicit intercourse, or for any other immoral purpose. The
offence is complete the moment there is sale/letting to hire a minor with the aforementioned
intention/knowledge, and is punishable with imprisonment of upto 10 years and fine. Further,
such offence committed against a female is presumed to be done with the required mens rea
unless proven to the contrary.
Buying of minors for prostitution (Section 373)
Section 373 punishes those persons who buy/hire any person under the age of 18 years with
the intention/knowledge that he/she shall be employed for the purposes of prostitution, illicit
intercourse, or for any other unlawful/immoral purpose, with imprisonment of upto 10 years
and fine. Furthermore, such an offence committed against a female is presumed to be done
with the required mens rea unless proven otherwise.
Rape
Section 375(6) of the IPC provides that the commission of sexual intercourse in any of the
forms mentioned in clauses (a),(b),(c), and (d), with a minor girl under the age of 18 years
will amount to rape, irrespective of her consent to such act. It deems the minor girl’s consent
immaterial and inconsequential on a presumable ground that she’s incapable of thinking
rationally and giving any consent. Plausibly, the Legislature presumes that such minor can be
easily lured into consensual sexual intercourse without completely realizing its implications.
Moreover, this section under Exception 2, also protects married women under the age of 15
years from being subjected to any kinds of sexual acts.

Offences against newborn & unborn children

The offences against newborn & unborn child under the Indian Penal Code, 1860 include
those enlisted under Sections 312- 318, i.e. causing of miscarriage, injuries to unborn
children, abandonment & exposure of infants, concealment of births & secret disposal of their
dead bodies.
Causing miscarriage
Sections 312, 313 & 314 deal with the offence of causing miscarriage and its aggravated
forms, distinguishing the liability into two categories with reference to the woman’s consent
and of her being ‘with child’ or ‘quick with child’.
Essential Ingredients
Voluntarily Causing Miscarriage
The provision under the aforesaid Sections is applicable to such cases where miscarriage is
voluntarily caused. Section 39 of the IPC defines ‘voluntarily’ as to intentionally cause/
employ such means as known to be likely to cause an effect, thus, intention/ mens rea to
cause miscarriage is an essential element of this offence.
Woman with Child and Woman Quick with Child
The factum of pregnancy is a prerequisite to the offence. The sections provide distinct
liabilities for offences against a woman who is known to be ‘with child’ or ‘quick with child’.
In the case of Queen-Empress v. Ademma, it was held that “the moment a woman conceives
and the gestation period/ pregnancy begins, the woman is said to be ‘with child’”; while in
another case of Re: Malayara Seethu, a ‘woman quick with child’ was referred to as a more
advanced stage of pregnancy wherein ‘quickening’ is perceived to be the mother’s stimulus
to the movement of her foetus. However, an offence against a woman ‘quick with child’ is an
aggravated form of that against a woman ‘with child’, and hence, the punishment prescribed
for the latter is imprisonment for upto 3 years/ fine/ both, and for the former is upto 7 years
with fine.
Miscarriage
Ther term ‘miscarriage’ has not been defined under the IPC and its usage is synonymous to
‘abortion’. In the legal context, miscarriage is the premature expulsion of the product of
conception at any time before the full term is reached; while medically, three distinct terms of
abortion, miscarriage, and premature labour are used to indicate the expulsion of the foetus at
different stages of gestation. ‘Miscarriage’ is particularly used if such expulsion occurs from
the fourth to the seventh month, before it’s viable.
Consent of Woman
Sections 312 & 313 deal with the aspect of the woman’s consent against whom such offence
is committed. Section 312 envisages the situation where the woman consents to the causing
of a miscarriage of her foetus and is held equally liable to the committing of such offence
with imprisonment of upto 7 years and fine. Section 313, on the other hand, manifests a much
graver form of such offence, i.e committed without that woman’s consent and hence is liable
to imprisonment for life, or upto 10 years & fine.
Causing of Miscarriage Resulting in Death of Woman
According to Section 314 of the IPC, an act done with the intention of causing miscarriage,
when results in the death of such woman, it is an offence liable with imprisonment of upto 10
years and fine. Provided, if the woman was one to be ‘quick with child’, or if such offence
was committed without the woman’s consent, then it is considered a more serious offence
and hence may be punishable with imprisonment for life. It has to be stated here that
intention to cause/ knowledge of the act likely to cause death is not an essential element for it
to constitute an offence under this Section, but a direct nexus between the act done and the
death of the woman has to be established before the Court.
Exceptions
Exceptions to the offence of causing miscarriage/ abortion are twofold:
Good faith- Section 312 of the IPC exempts such persons who cause miscarriage in good
faith (as defined under Section 52) to save the woman’s life.
In the case of Dr Jacob George v. State of Kerala, a surgical operation for abortion was
performed by a quack on a woman with her consent, which resulted in her death due to the
perforation of her uterus. The Supreme Court affirmed his conviction while laying down the
principle that a person could be held liable under this section if the abortion is not carried out
in good faith for the purpose of saving the woman’s life.
In another case of State of Maharashtra v. Flora Santuno Kutino, one of the respondents, who
had illicit relations with a woman & pregnated her, was instrumental in causing miscarriage,
and hence, was convicted by the High Court since such miscarriage was caused, not in good
faith, but to wipe off his illicit relationship.
Medical Termination of Pregnancy Act, 1971- It was enacted to legalise the termination of
certain pregnancies by registered medical practitioners in order to provide for safe abortions.
The Act, prevailing over the aforementioned provisions of IPC, allows a woman to legally
abort her pregnancy if its continuance would be injurious to her life (physically/mentally); if
the foetus is detected with abnormalities; or if such pregnancy is a result of rape or failure of
contraceptives.
Injury to an Unborn Child
Sections 315 & 316 envisage the provisions relating to injury caused to an unborn child. They
cover the situations where an act is done with the intention of preventing such child to be
born alive; or causing the death of a child who’s quick unborn by an act amounting to
culpable homicide.
Essential Ingredients of Section 316
Act to Be Before the Birth of the Child
An essential element under these two provisions is that the culpable act/actus reus should be
done before the child is born resulting into the prevention of such child being born alive or
cause it to die after its birth. It merely covers injury caused to an unborn child, since whence
such act is committed after the birth of the child, it’d be dealt with other provisions of the
IPC.
Intention
Section 315 declares that the ‘intention to prevent a child from being born alive/to cause it to
die after its birth’ is essential to the offence committed under it, except when done in good
faith for the purpose of saving the mother’s life. An offender under this Section shall be liable
with imprisonment which may extend to 10 years/fine/both.
Causing Death of Quick Unborn Child by Act Amounting to Culpable Homicide
Section 316 is a graver variant of Section 315, wherein the act is done with the intention/
mens rea to commit an offence amounting to culpable homicide (presumably of the mother),
which act though does not cause the death of the mother, but causes the death of a quick
unborn child, and is punishable with imprisonment of upto 10 years and fine. Further, if the
actus reus results in the death of the mother, then it shall amount to culpable homicide[1].
Concealment of Birth of a Child
Section 318 of the IPC deals with a situation where a person intentionally endeavours to
conceal a child’s birth by secretly burying or disposing of the dead body of the child,
irrespective of the death occurring before/after/during its birth. A person convicted under this
Section shall be liable with imprisonment which may extend to 2 years/fine/both.
Dead Body of Child
The term ‘body’ in this Section indicates a precondition that the secret burial/disposal should
be of the dead body of the child, i.e. the child should not be a mere embryo/foetus but
should’ve been developed and matured. Further, in the case of Radha v. State of Rajasthan, it
was held that if the child were alive at the time of such secret burial/ disposal, then no offence
would be made out under this Section, but would attract other provisions of the IPC.
Conceals or Endeavours to Conceal Birth
An essential element stipulated by this Section is that of the intention of the accused to
conceal/attempt to conceal the birth of the child. The offence becomes complete when the
birth of the child, dead/living, is concealed by any means.
Proposals for Reform
The Fifth Law Commission had offered a few proposals for reform in the existing law
relating to the protection of children but weren’t accounted for by the IPC (Amendment) Bill
1978 or the 42nd Law report. They are:
Conclusion:
It is understood that the aforementioned offences relating to newborn & unborn children,
have been accentuated by the social pressures and value-based judgments on unwed mothers.
Though the male members are equally responsible, the social stigma & ostracisation is placed
on the woman only, which in turn leads a woman to abort her child. Further, the situation of
abandonment of children/infanticide is mostly seen in respect of female children only. Unless
this social attitude changes and social reforms are brought in good measure, all of us at large
hold a moral responsibility for these offences committed against children. The IPC in
pursuance of the Criminal Law (Amendment) Act, 2018, has recognised aggravated forms of
various offences committed against children and has penalized them accordingly. Though
plausible statutes have been enacted, minors of the society still remain vulnerable and are
extravagantly exploited in the commission of crimes. Hence, stringent enforcement
mechanisms should be employed to counter this issue so as to ensure the protection of
children and to guarantee their safety.
Question: 2 movement for child justice:
Answer: Across the world, millions of children interact with justice systems every year.
They could be victims or witnesses to a crime. They could be alleged, accused or recognized
as having broken the law. They could be in need of care or safety, or seeking to protect their
rights.
But justice systems do not always fulfil the promise of fairness. Some are altogether out of
reach for children, who may have no knowledge of their rights, no means to contact a lawyer,
or no financial resources for legal fees. This is especially the case for vulnerable children,
including those from minority groups; children with disabilities; migrant children; and
children in jails, detention centres and other places that deprive them of liberty.
Nor are justice systems necessarily equipped to fulfil children’s rights and needs. Justice
professionals – police, prosecutors, lawyers and judges – often lack the specialized training to
support child survivors, victims, witnesses or alleged offenders. Many may not understand
the gender-specific vulnerabilities children face when coming into contact with justice
systems. And in some places, even social service workers, trained to be the first line of
response for children in need, are not recognized or do not have sufficient resources to help
children safely seek protection and justice.
Children in contact with the law
Children may come into conflict with the law for various reasons. Most have committed petty
crimes or minor offences such as truancy, begging or alcohol use. Often, children who
engage in criminal behaviour have been used or coerced by adults.

Despite these circumstances, children may still be placed in a detention centre or adult prison,
either before or after their trial. This means girls and boys can be detained for several years
and, in some cases, for indefinite periods of time.
UNICEF estimates that more than one million children worldwide are deprived of their
liberty by law enforcement officials
Children are also detained simply for migrating, suffering from mental health issues or ‘for
their own protection’. Increasingly, they are put in detention centres for national security–
related reasons.

Detention conditions can be severe. Centres are generally overcrowded and substandard,
depriving children of their rights in many ways – including by limiting their access to health
care and education.

Detention also takes a toll on children’s mental and physical health. Restrictions on
movement and physical activity can hinder their development, while inadequate diets may
lead to malnutrition. Exposure to unsanitary conditions in densely populated facilities
compounds their susceptibility to infectious diseases like tuberculosis and HIV. Detained
children may also experience trauma and mental health issues due to solitary confinement,
abuse or neglect. And when held with adults, they are especially vulnerable to violence,
exploitation and abuse.
Child survivors, victims and witnesses of crimes
For children who have endured violence, exploitation or abuse, the trauma may not subside
when they reach safety. Justice systems meant to protect and support children who have
experienced gender-based violence, child labour, trafficking, and other rights violations – as
well as those who have witnessed a crime – can often compound their suffering.
In too many countries, children who are sexually exploited or trafficked end up not only
arrested, but also detained. Rather than being recognized as victims, they are treated as
offenders.
Child victims themselves have limited knowledge of their rights. And they are often
dependent on the adults around them to bring violators to justice. Legal fees, social norms
and discrimination may also bar children and their families from accessing justice systems.
Together with partners, governments, local communities and children themselves, UNICEF
works to ensure that every child can access a justice system that is child-friendly, gender-
sensitive and well-equipped to secure their rights. We focus on:
Encouraging child-sensitive investigations and court procedures
Alongside governments, we work in countries to train police, judges, prosecutors and lawyers
on child-friendly and gender-sensitive justice approaches. We also assess and develop child-
friendly and gender-sensitive procedures within courts and police systems.
Keeping children from formal criminal proceedings
We support governments and civil society organizations to divert children from formal
criminal justice proceedings when possible. Instead of being drawn into proceedings that
negatively affect their physical and mental health, children receive support through social
services, community-based programming, and more. This also prevents children from
receiving a criminal record.
Promoting and supporting restorative justice approaches
Where appropriate, we support efforts like restorative justice approaches that bring victims
and offenders to actively participate alongside one another to resolve matters arising from a
crime. Restorative justice approaches include measures such as mediation and conferencing.
Advancing alternatives to pre-trial and post-trial detention
We help keep children who are pending trial out of detention by supporting family and
community-based options for supervision. If detention prior to the trial is unavoidable, we
focus on efforts that limit the time children spend in detention. We also work with partners to
advance non-custodial sanctions and other alternatives to post-trial detention. To preclude
children from being sentenced to any form of detention, we create options for them to
undergo reintegration, rehabilitation and supervision within their families or communities.
Providing recovery and reintegration services
We support services that allow children to recover and reintegrate with their families and
local communities through personalized reintegration plans, tailored to the needs of each
child.
Empowering children to claim their rights, through legal and other services
We facilitate efforts to provide children with specialized legal aid, representation and other
services as needed. We also support efforts to build every child’s knowledge of their human
rights and legal rights.
Preventing abuse, violence and exploitation
We recognize that – however children come into contact with the law – they are first and
foremost children. Their rights, including their right to protection, must be fulfilled before,
during and after they encounter the justice system. We support countries to build a
comprehensive national child protection system that can prevent and respond to all forms of
child neglect, violence, abuse, exploitation and harmful practices.
Question: 3 Juvenile Delinquency
Answer: introduction:
In today's society, the problem of juvenile delinquency is running more rampant than ever
before. Also, the degrees to which it occurs are far more serious than they were, even ten
years ago. The problem used to be over-simplified and chalked up to "kids will be kids", but
today's "kids" are contributing to much more serious crimes than they used to. One statistic
states that youths under the age of 18 years accounted for 15.4% of arrests for violent crimes
and 33.5% of arrests for property crimes in 1986.1 This statistic is more than ten years old,
and with the increasing popularity of gang culture and substance abuse amongst young
people, it would be safe to assume that these statistics have either increased, or at the very
least, remained the same.
With numbers as high as they are, delinquency amongst youths must be seen as a social
problem that has to be dealt with soon, before it becomes even more out of control than it is
right now. Before we can begin to try and treat this behavior, we must establish a cause for it.
As with a physical illness, a cure cannot be obtained until a cause is determined, therefore we
must uncover the underlying factors that cause this behaviour, and then work fro.

DEFINITION

Delinquency as defined by Friedlander, is a juvenile misconduct that might we dealt with

under the law.

Cyril Burt defines delinquency as occurring in a child “when his anti-social tendencies appear
so grave that he becomes or ought to become the subject of official action.”
William H. Sheldon regards delinquency “as behaviour disappointing beyond reasonable
expectations.”
JUVENILE DELINQUENCY
Juvenile delinquency refers to criminal acts performed by juveniles. Most legal systems
prescribe specific procedures for dealing with juveniles, such as juvenile detention centers.
There are a multitude of different theories on the causes of crime, most if not all of which can
be applied to the causes of youth crime. Youth crime is an aspect of crime which receives
great attention from the news media and politicians. Crime committed by young people has
risen since the mid-twentieth century, as have most types of crime. The level and types of
youth crime can be used by commentators as an indicator of the general state of morality and
law and order in a country, and consequently youth crime can be the source of ‘moral panics’
Theories on the causes of youth crime can be viewed as particularly important within
criminology. This is firstly because crime is committed disproportionately by those aged
between fifteen and twenty-five. Secondly, by definition any theories on the causes of crime
will focus on youth crime, as adult criminals will have likely started offending when they
were young. A Juvenile Delinquent is one who repeatedly commits crime, however these
juvenile delinquents could most likely have mental disorders/behavioral issues such as
schizophrenia, post traumatic stress disorder, conduct disorder or bipolar disorder.
PREVALENCE
RATIONAL CHOICE
Classical criminology stresses that causes of crime lie within the individual offender, rather
than in their external environment. For classicists, offenders are motivated by rational self-
interest, and the importance of free will and personal responsibility is emphasised. Rational
choice theory is the clearest example of this approach.
SOCIAL DISORGANIZATION
Current positivist approaches generally focus on the Culture, which would produce the
breakdown of family relationships and community, competing values, and increasing
Individualism.
Studies also show only 16 in every 100 kids will do something bad opposed to adult 26 in
100 will do something bad or illegal.
STRAIN
Strain theory is associated mainly with the work of Robert Merton. He felt that there are
institutionalized paths to success in society. Strain theory holds that crime is caused by the
difficulty those in poverty have in achieving socially valued goals by legitimate means. [1]
As those with, for instance, poor educational attainment have difficulty achieving wealth and
status by securing well paid employment, they are more likely to use criminal means to
obtain these goals. Merton's suggests five adaptations to this dilemma:
1. Innovation: individuals who accept socially approved goals, but not necessarily the
socially approved means.
2. Retreatism: those who reject socially approved goals and the means for acquiring
them.
3. Ritualism: those who buy into a system of socially approved means, but lose sight of
the goals. Merton believed that drug users are in this category.
4. Conformity: those who conform to the system's means and goals.
5. Rebellion: people who negate socially approved goals and means by creating a new
system of acceptable goals and means.
A difficulty with strain theory is that it does not explore why children of low-income families
would have poor educational attainment in the first place. More importantly is the fact that
much youth crime does not have an economic motivation. Strain theory fails to explain
violent crime, the type of youth crime which causes most anxiety to the public.
SUBCULTURAL
Related to strain theory is subcultural theory. The inability of youths to achieve socially
valued status and goals results in groups of young people forming deviant or delinquent
subcultures, which have their own values and norms. (Eadie & Morley: 2003 p.552) Within
these groups criminal behaviour may actually be valued, and increase a youth’s status.
(Walklate: 2003 p.22) The notion of delinquent 2subcultures is relevant for crimes that are
not economically motivated. Male gang members could be argued to have their own values,
such as respect for fighting ability and daring. However it is not clear how different this
makes them from ‘ordinary’ non-lawbreaking young men. Furthermore there is no
explanation of why people unable to achieve socially valued goals should necessarily choose
criminal substitutes. Subcultural theories have been criticised for making too sharp a
distinction between what is deviant and what is ‘normal’. (Brown: 1998 p.23) There are also
doubts about whether young people consciously reject mainstream values. (Brown: 1998
p.23)

DIFFERENTIAL ASSOCIATION
The theory of Differential association also deals with young people in a group context, and
looks at how peer pressure and the existence of gangs could lead them into crime. It suggests
young people are motivated to commit crimes by delinquent peers, and learn criminal skills
from them. The diminished influence of peers after men marry has also been cited as a factor
in desisting from offending. There is strong evidence that young people with criminal friends
are more likely to commit crimes themselves. However it may be the case that offenders
prefer to associate with one another, rather than delinquent peers causing someone to start
offending. Furthermore there is the question of how the delinquent peer group became
delinquent initially.

LABELING
Labeling theory states that once young people have been labeled as criminal they are more
likely to offend. (Eadie & Morley: 2003 p.552) The idea is that once labelled as deviant a
young person may accept that role, and be more likely to associate with others who have been
similarly labelled. (Eadie & Morley: 2003 p.552) Labelling theorists say that male children
from poor families are more likely to be labelled deviant, and that this may partially explain
why there are more lower-class young male offenders. (Walklate: 2003 p. 24)

MALE PHENOMENON
Youth crime is disproportionately committed by young men. Feminist theorists and others
have examined why this is the case. (Eadie & Morley: 2003 p.553) One suggestion is that
ideas of masculinity may make young men more likely to offend. Being tough, powerful,
aggressive, daring and competitive may be a way of young men expressing their masculinity.
(Brown: 1998 p.109) Acting out these ideals may make young men more likely to engage in
antisocial and criminal behaviour. (Walklate: 2003 p. 83) Alternatively, rather than young
men acting as they do because of societal pressure to conform to masculine ideals; young
men may actually be naturally more aggressive, daring etc. As well as biological or
psychological factors, the way young men are treated by their parents may make them more
susceptible to offending. (Walklate: 2003 p. 35) According to a study led by Florida State
University criminologist Kevin M. Beaver, adolescent males who possess a certain type of
variation in a specific gene are more likely to flock to delinquent peers. The study, which
appears in the September 2008 issue of the Journal of Genetic Psychology, is the first to
establish a statistically significant association between an affinity for antisocial peer groups
and a particular variation (called the 10-repeat allele) of the dopamine transporter gene
(DAT1).
FAMILY CONFLICT AND CRIMINALITY

JUVENILE DELINQUENT ACTIVITY

SUBSTANCE ABUSE

Behavior that contribute to health risks

GANG INVOLVEMENT

Gangs often
engage in illegal
monetary
activities and are
committed to
criminal
orientations.
Public and Private Vandalism

These are malicious and

deliberate defacement or
destruction of both
public and private
property. It often
territorial and designed
to show ownership.

CONSEQUENCES TO SOCIETY

UNTREATED MENTAL DISORDERS

Once the juvenile offender reaches maturation he is likely to continue exhibiting

maladaptive behaviors and increases his risk of being cycled through the criminal justice
system as an adult offender. Due to the small population of habitual adult and juvenile
offenders attributing for the large percentage of violent crimes (i.e. murder and aggravated
assault) the criminal justice system should supervise the small population of career criminals
in an effort to prevent the spawning of serious violent offenders. If mental disorders such as
conduct disorder go undiagnosed and untreated the juvenile offender has the increased
potential to later develop antisocial personality disorder and continue his life as a career
criminal. The majority of violent offenders exhibit characteristics of antisocial personality
disorder and exhibit it no later than age 15Antisocial personality disorder is a common
diagnosis for a serial killer. Authors Alvarez and Bachman found that one similarity among
serial killers was their prior criminal convictions. In this case conduct disorder can become a
probable constituent to serial murder if not diagnosed and treated before it fully develops in
adulthood as antisocial personality disorder. Both conduct disorder and antisocial personality
disorder are categorized as personality disorders under the DSM-IV-TR and share extremely
similar definitions as explained above in 'Mental Disorders'. Some of the common
characteristics include consistent violation of societal norms, aggressive behavior towards
people,and a disassociation to the emotion of empathy. These traits are also common amongst
serial killers and if the maladaptive behaviors are not treated they have the potential to
conceive a person that fantasizes about killing several victims and then fulfills their
impulsivity when they are no longer capable of suppressing it.
RISK FACTORS

INDIVIDUAL RISK FACTORS

Individual psychological or behavioural risk factors that may make offending more
likely include intelligence, impulsiveness or the inability to delay gratification, aggression,
empathy, and restlessness. (Farrington: 2002) Children with low intelligence are likely to do
worse in school. This may increase the chances of offending because low educational
attainment, a low attachment to school, and low educational aspirations are all risk factors for
offending in themselves. (Walklate: 2003 p. 2) Children who perform poorly at school are
also more likely to truant, which is also linked to offending. (Farrington: 2002 p.682) If strain
theory or subcultural theory are valid poor educational attainment could lead to crime as
children were unable to attain wealth and status legally. However it must be born in mind that
defining and measuring intelligence is troublesome. Young males are especially likely to be
impulsive which could mean they disregard the long-term consequences of their actions, have
a lack of self-control, and are unable to postpone immediate gratification. This may explain
why they disproportionately offend. (Farrington: 2002 p.682) (Walklate: 2003 p. 36)
Impulsiveness is seen by some as the key aspect of a child's personality that predicts
offending. (Farrington: 2002 p.682) However is not clear whether these aspects of personality
are a result of “deficits in the executive functions of the brain”, (Farrington: 2002 p.667) or a
result of parental influences or other social factors. (Graham & Bowling: 1995 p.32)

FAMILY ENVIRONMENT

Family factors which may have an influence on offending include; the level of
parental supervision, the way parents discipline a child, parental conflict or separation,
criminal parents or siblings, parental abuse or neglect, and the quality of the parent-child
relationship (Graham & Bowling: 1995 p.33) Children brought up by lone parents are more
likely to start offending than those who live with two natural parents, however once the
attachment a child feels towards their parent(s) and the level of parental supervision are taken
into account, children in single parent families are no more likely to offend then others.
(Graham & Bowling: 1995 p.35) Conflict between a child's parents is also much more closely
linked to offending than being raised by a lone parent. (Walklate: 2003 p. 106) If a child has
low parental supervision they are much more likely to offend. (Graham & Bowling: 1995)
Many studies have found a strong correlation between a lack of supervision and offending,
and it appears to be the most important family influence on offending. (Farrington: 2002
p.610) (Graham & Bowling: 1995 p.38) When parents commonly do not know where their
children are, what their activities are, or who their friends are, children are more likely to
truant from school and have delinquent friends, each of which are linked to offending.
(Graham & Bowling: 1995 p.45,46) A lack of supervision is connected to poor relationships
between children and parents, as children who are often in conflict with their parents may be
less willing to discuss their activities with them. (Graham & Bowling: 1995 p.37) Children
with a weak attachment to their parents are more likely to offend. (Graham & Bowling: 1995
p.37)
INTERVENTION

JUVENILE DELINQUENCY COURT

Delinquency Court seeks to provide for the protection and safety of the public and the
minor who has come in contact with the court

SCHOOLS

Special facilities that seeks to provide the structure, safety and supervision for
delinquent youths.

COMMUNITIES

Support teens in making a variety of important lifestyle choices. An array of

community support services for youth released to aftercare

FAMILIES

Families need to be able

to provide appropriate
behavior control,
models, and support
throughout adolescence
and into adulthood

DELINQUENCY PREVENTION

Delinquency Prevention is the broad term for all efforts aimed at preventing youth
from becoming involved in criminal, or other antisocial, activity. Increasingly, governments
are recognizing the importance of allocating resources for the prevention of delinquency.
Because it is often difficult for states to provide the fiscal resources necessary for good
prevention, organizations, communities, and governments are working more in collaboration
with each other to prevent juvenile delinquency.

With the development of delinquency in youth being influenced by numerous factors,

prevention efforts are comprehensive in scope. Prevention services include activities such as
substance abuse education and treatment, family counseling, youth mentoring, parenting
education, educational support, and youth sheltering.

CONCLUSION

The prevention of delinquency requires identifying at-risk individuals and their

environments before delinquent activity and behavior occur, and then removing such risk
factors or strengthening resistance to the risk factors already present. The most logical
starting place for prevention efforts is the family.

In many societies, another way to attack the problem of juvenile delinquency is by

creating programs that help prevent children from committing crimes. These programs may
focus on avoiding drug use or gang involvement, or may focus on early education,
therapeutic help for families, help to the impoverished or a variety of other things. With
unclear answers on a single cause for juvenile delinquency, these programs may have some
success, but probably won’t reach all children who might commit a crime. Society is
sometimes horrified by the seemingly random acts of relatively “normal” children that are so
heinous they do not bear repeating. Though delinquency prevention is admirable, it isn’t
universally successful. Yet preventing some juvenile delinquency through intervention and
education is better than allowing it to occur.

Question: 4 Factors of juvenile delinquency.

Answer: juvenile delinquency:

Juvenile delinquency
Juvenile delinquency is a term used to describe illegal actions by a minor. This term is broad
in range and can include everything from minor violations like skipping school to more
severe crimes such as burglary and violent actions.Understanding why a minor commits a
crime is essential to preventing future crimes from happening. Addressing the issues that has
led to the choices that the minor child has made can help them change their actions in the
future. By addressing many of these issues at an early age, adults may be able to stop juvenile
delinquency from starting. If delinquency has already occurred, addressing these issues and
building protective barriers may allow the child to develop in a more secure environment and
avoid problems in the future as well as when they are adults.
Leading Contributing Factors To Juvenile Delinquency
Poor School Attendance
Poor school attendance is one of the top factors contributing to delinquency. School is not
only a place to learn and grow; it is also a structured routine that provides children with a
goal to accomplish each day. The routine of getting up, getting prepared, attending school,
completing the work, and returning home each day establishes a routine that is a basis for
good choices in the future. Children who are not encouraged to learn this type of routine are
losing out on establishing good habits. They are also experiencing a lot of free time that can
be used to “learn” about other things that will not enhance their lives or their futures. Failure
to accept the routine of attending school actually instills in children that they do not have to
comply with societal norms and that they can do as they please.
Poor Educational Standards
The type of school that a child attends may also contribute to their delinquency. Overcrowded
and underfunded schools tend to lack discipline and order. The chaos often experienced in
these schools lead children to act more defensively because they are scared by their
surroundings.
Parental involvement in school work and school based activities has been found to be a very
large deterrent for delinquent activities. When an adult is active in the lives of a child, that
child is more prone to perform well in school and social surroundings because they know that
the adult will see their actions.
Violence In The Home
One of the largest contributing factors to delinquency is violence in the home. Every Tulsa
juvenile criminal defense attorney will tell you that when a child is subjected to violence,
they are in turn violent people. Lashing out at others for the violence they experience at home
is very common.
Teens subjected to violent actions, or those who witness it to others, are more likely to act ut
their fears and frustrations. They often have a “don’t care” attitude and this allows them to
get into trouble more easily.
Violence In Their Social Circles
If the neighborhood is in which a child lives is violent, the children will have a tendency to be
more prone to delinquency. Many people describe this as street survival methods because the
child gets into trouble as a way to stay out of trouble from area gang members or violent
people. In many cases, when you remove the child from this type of situation, their tendency
for delinquent actions is removed.
Peer Pressure
Similar to neighborhood pressures, peer pressure from direct acquaintances can have an
effect on how a juvenile reacts to bad situations. If all of their friends are committing
delinquent acts, the child may feel pressured to do the same to be accepted. The best way to
avoid this type of situation is to be actively involved with who your child is hanging out with
on a regular basis. Know their friends. Know about their friends’ parents. This not only
instills confidence in your child to do the right thing, but it can also help parents keep their
children away from bad influences.
Socioeconomic Factors
Juvenile delinquency is more common in poorer neighborhoods. While all neighborhoods are
not exempt from delinquent activities, it is believed they happen more in areas where children
feel they must commit crimes to prosper.
Theft and similar crimes may actually be a result of necessity and not that of just a petty
crime. The only true help for this situation is to make sure that children in these areas have
access to what they need and understand that they do not have to commit a crime to get ahead
in life.
Substance Abuse
Substance abuse in a home or by the child is a very common cause for delinquency. Children
who are exposed to substance abuse often do not have the necessities they need to thrive and
are forced to find these necessities in other ways. Others, who become dependent on a
substance may also need to commit crimes to sustain their habit. Counseling and treatment
for this type of situation is the only real remedy to help these children. This type of situation
can cause their self-worth to deteriorate and allow them to commit acts that they would not
otherwise have considered.
Lack Of Moral Guidance
Parental or adult influence is the most important factor in deterring delinquency. When a
parent or other adult interacts with the child and shows them what is acceptable behavior and
what is considered wrong, the child is more likely to act in a way that is not delinquent.
It is very important for a child to have a bond with a good adult who will influence their
actions and show them the difference between what is right and what is wrong. Even if your
child has committed an act of delinquency, their lives are not over. You, as their caregiver
have the chance to turn around their lives and show them how to change their ways.
It starts with hiring a quality Tulsa juvenile criminal defense attorney so that they can receive
a fair trial. Once they have gone through this process, as a caregiver, you can begin to change
the influences in the child’s life so that they can start fresh and go into adulthood with a clean
slate.
Question: 5 juvenile delinquencies IN INDIA USA AND ENGLAND
Answer:
JUVENILE JUSTICE AND INTERNATIONAL CONCERN: INDIA AND U.S.A

ABSTRACT
“Treat the Cause and Not the Symptom. Government of India needs to wake up to
this idea when it comes to dealing with juvenile delinquents”. Juvenile delinquency problem
has been in existence since time immemorial. It is an important feature of all societies, be it
simple or complex. This paper will mainly focus on the juvenile delinquency, causes of
juvenile trajectories and evolution of juvenile justice system in India. . Further an attempt
would also be made to answer certain core questions viz; what is the difference between a
minor and a juvenile, what is Juvenile Delinquency, legislation in India in this regard and the
juvenile justice system in U.S.A and also a comparative analysis between the two countries.
Thus, this paper deals with comparative issues in the definition, nature, and extent of juvenile
delinquency, juvenile law, juvenile justice with special reference to India and the United
States and what can be done to sort out this most menacing, most reprehensible and most
appalling problem.
INTRODUCTION
Children are the foundation on which the dynamic and vibrant future of a nation shall
be built. They are a nation’s greatest asset. The delicate mind of a child can easily be molded
and subjected to an inclination towards criminal activities. This has now turned out to be the
most debatable issue for the society. Delinquency and Juvenile both these terms constitute to
form the most important subject matter of criminology. A criminal activity committed by
adult which is in violation of law is considered as a crime and is punishable in law but if the
same activity is committed by a child below a particular age, it is not considered a crime and
is referred as juvenile delinquency no matter that a child with full understanding has
committed a very serious, grave, grim and a heinous crime. Every child has a right to joyful,
elated and jubilant childhood, the right to grow in a harmless and nurturing environment, the
right to be free from the intricacies and convolutions of life etc. but there are some unlucky
and doomed children who are deprived of these things and they grow out to be children not
wanted for or to term it other way juvenile delinquents.
Generally the term ‘jvenile’ means a person who is very young’ teenager’ adolescent, or
underage. In other words, juvenile means children who have not yet reached the age of adults
in sense that they are still childish or immature. Sometimes the word child is also
interchangeably used for the term ‘juvenile’. Juvenile delinquency in a layman’s language
is crimes by children. No precise definition can be provided due to difference in approach of
sociologists and persons with legal acumen. Sociologists maintain that legal definitions won’t
be of any use because they vary from time to time and place to place. Another problem is
laws defining crimes relating to juveniles are very vague and uncertain. Due to this ambiguity
nothing can be said with certainty whether a particular act by a juvenile is a crime or not.
The word “Juvenile is derived from Latin term “juvenis” which means “young” and the
word ‘delinquency’ has been derived from the Latin word ‘delinquer’ which means to omit.
In the year 1484 William Coxton used the word delinquent to describe a person who was
found guilty. Juvenile delinquency refers to the involvement by the teenagers in an unlawful
behavior who are usually under the age of 18 years and commit an act which would be
considered as a crime.
A person under the age of full legal obligation and responsibility is a minor or a person
who is below the legal age of eighteen years is minor. A child being accused of a crime is not
tried as an adult and is sent to Child Care Centre whereas juvenile is a person between the age
group of sixteen and eighteen years. In general sense both the term child and juvenile has
same meaning but however difference lies in context of implications in the eyes of law.
Minor implies young and teen persons whereas juvenile either indicates immature person or
young offenders.
A child is known as delinquent when he/ she commits a mistake which is against the
law and which is not accepted by the society. A delinquent child is considered as a
“wayward, irredeemable, inveterate, incorrigible, unable to rectify or habitually disobedient
child. Juvenile delinquency basically can be meant as such an irresponsible and disapproved
behaviour of children which is not approved by society and in the interest of the public some
kind of reproachment, admonishment, punishment or corrective measures is given to the child
or adolescent to rectify them. These juveniles are not mature enough to realize the
consequences and outcome of the crime they have committed and in law such persons are
considered as doli incapax meaning thereby incapable of committing crime.
Juvenile delinquency, also known as "juvenile offending", is the act of participating in
unlawful behavior as minors (juveniles, i.e. individuals younger than the statutory age of
majority). Most legal systems prescribe specific procedures for dealing with juveniles, such
as juvenile detention centers and courts. A juvenile delinquent in the United States is a person
who is typically below 18 (17 in Georgia, New York, Michigan, Missouri, North Carolina,
New Hampshire, Texas, and Wisconsin) years of age 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 people under 18 to be charged and treated
as adults. While as per Juvenile Justice (Care and Protection of Children) Act, 2015,
“juvenile” means a child below the age of eighteen years and allows for juveniles in conflict
with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults.
Thus, Juvenile justice is the area of criminal law applicable to persons not old enough
to be held responsible for criminal acts. In most states, the age for criminal culpability is set
at 18 years. Juvenile law is mainly governed by state law and most states have enacted a
juvenile code.
HISTORICAL BACKGROUND
The penologist in early years did not differentiate between adult offenders and young
offenders and hence they were all kept together in the same prison. This further worsened the
condition of the young offenders who were not only abused and tortured by the adult
offenders but also incarcerated by the adult offenders.
It was only in the mid-eighteenth century that penologists and criminologists turned
their attention towards the young offenders and their need for special provision. In fact the
movement for young offenders or juvenile offenders gained momentum in the later part of the
eighteenth century and it was in 1772 that for the first time that certain special concessions
were made for such offenders. Initially, some special concessions were granted to the
juvenile offenders in civil matters, for instances matters of gift, will etc. but since 1772
demands were made, to extend such grants in civil matter.
It was at this point of time that special rehabilitation homes or institutional homes
were being established in USA and UK for the young offenders. The International Congress
for Treatment and Protection of young offenders were held in Paris for the first time in 1895.
It was held that the harshness towards young offenders should be minimized and extensive
discretionary powers must be given to the court in dealing such young offenders.
The increasing incidence of juvenile offences and offenders throughout the world drew
attention of the United nations and in the UN Congress for Treatment and Protection of
young offenders held in 1928 provided for certain standard rules in respect of young
offenders. It stated that young offenders must be referred to as offenders in conflict with law,
they should not be sentenced to imprisonment and they should not be logged together with
adult offenders that all member states must make necessary legislations to comply with the
recommendation of the convention.
 History of Juvenile Justice System in India - India being the member of the United
Nations readily accepted the conventions and has always made all endeavors to comply with
the recommendations and suggestions of the United Nations. As such the first Act related to
juvenile offenders came in the form of the Children’s Act 1960. Later on in the year 1986the
Government of India passed the Juvenile Justice Act. A movement for the special treatment
of juvenile offenders has started throughout the world including many developed countries
like U.K., U.S.A. This movement has been started around the 18th century. Prior to this,
juvenile offenders were treated as same as other criminal offenders. And for the same reason,
General Assembly of United Nations has adopted a Convention on the Rights of Child on
20th November 1989. This convention seeks to protect the best interest of juvenile offenders.
The Convention states that to protect the social – reintegration of juvenile, there shall be no
judicial proceeding and court trials against them. The Convention leads the Indian Legislation
to repeal the Juvenile Justice Act, 1986 and to make a new law. Thus, Indian Legislation
came up with a new act which was called as “The Juvenile Justice (Care and Protection of
Children) Act, 2000. Recently, Juvenile Justice (Care and Protection of Children) Act, 2015
has been passed by Parliament of India amidst intense controversy, debate and protest on
many of its provisions by Child Rights fraternity which replaced the Indian juvenile
delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000.
History of Juvenile Delinquency in USA - The history of juvenile crime policy over
the course of the twentieth century is a narrative about the transformation of the law’s
conception of young offenders. At the dawn of the juvenile court era in the late 19thcentury,
most youths were tried and punished as adults. Much had changed by 1909 when Judge
Julian Mack famously proposed in a Harvard Law Review article that a juvenile offender
should be treated “as a wise and merciful father handles his own child.” Like the other
progressive reformers who worked to establish the juvenile court, Judge Mark viewed youths
involved in crime first and foremost as children; indeed, by his account, they were no
different from children who were subject to parental abuse and neglect. The rehabilitative
model of juvenile justice seemingly thrived during the first half of the 20thcentury, but it
began to unravel during the 1960s. Youth advocates challenged the constitutionality of
informal delinquency proceedings and, in 1967, the Supreme Court agreed, holding, in re
Gaul, that youths in Juvenile Court have a right to an attorney and other protections that
Criminal defendants receive. But the sharpest attacks on the Juvenile Court came from
another direction. As youth crime rates rose during the 1980s, conservative politicians
ridiculed the juvenile system and pointed to high recidivism rates as evidence that
rehabilitation was a failure. According to some observers, the juvenile court may have met
the needs of a simpler time when juveniles got into school yard fights, but it was not up to the
task of dealing with savvy young criminals who use guns to commit serious crimes. Although
in truth, the juvenile justice system had evolved considerably since the early days, its
paternalistic rhetoric persisted, obscuring the changes; even to a sympathetic ear, descriptions
of youth criminals as wayward children who would respond to the caring treatment of the
juvenile court seemed to bear little relation to the reality of youth crime during the late
20thcentury. In the 1990s, juvenile crime – especially violent crime – decreased, although
policies remained the same. Schools and politicians adopted zero tolerance policies with
regard to crime, and argued that rehabilitative approaches were less effective than strict
punishment. The increased ease in trying juveniles as adults became a defining feature of
"tough-on-crime" policies in the 1990s. However, the broad goal of U.S. juvenile courts is to
provide a remedial or rehabilitative alternative to the adult criminal justice system. Although
not always met, the ideal is to put a juvenile offender on the correct path to be a law-abiding
adult.
INTERNATIONAL SCENARIO
Violence against children endangers their fundamental human rights. It is therefore
imperative to convince individuals and institutions to commit the time, money, expertise and
other resources needed to address this global problem. A number of United Nations
instrument reflect a preference for social rather than judicial approaches to controlling
Juvenile Delinquency. The General Assembly of the United Nations adopted the Convention
on the Rights of the Child on 20th November, 1989 which prescribe a set of standard to be
adhered to by all the States parties in securing the best interest of the child. The International
instruments and conventions have contributed considerably to the issue of child rights and
prevention of child abuse. The International bodies like United Nations and UNICEF have
always paid more emphasis on the development of Child.
Following are the International Instruments and Conventions that are signed by all the
States of UN in order to protect the rights of Children:-
• UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing
Rules)
• UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines)
• UN Rules for the Protection of Juvenile Deprived of their Liberty (Havana
Conventions)
• Guidelines for the Action on Children in Criminal Juvenile System (Vienna
Guidelines)
• Universal Declaration of Human Rights (1948)
In international level, there have been several developments in the administration of
juvenile justice. Until the international Covenant on Civil and Political Rights, 1966, there
was no specific provisions regulating the administration of juvenile justice in a global treaty.
The provisions enshrined in the International Covenant, in this regard, are very specific. For
example, Article 10(2) (b) provides for the separation of accused juveniles from adults and
for their speedy adjudication. In due course of time, when different states began to develop
their separate juvenile systems, a complete framework in this regard became necessary, by
which all the states could utilize it in establishing and operating their own national juvenile
justice system. In 1985, the general assembly adopted the United Nations Standard Minimum
Rules for the administration of juvenile justice, known as Beijing Rules, which provide a
complete framework within which a national juvenile justice system could operate. These
Rules also provides a model, for the states, of a fair and humane response to juveniles who
may find themselves in conflict with law .
Again for the prevention of juvenile delinquency, the United Nations Guidelines were
adopted in the year 1990, which is known as Riyadh Guidelines, and it focus on early
protection and preventive intervention paying particular attention in situations of “social
risk”. Recreation and youth development activities are directly encouraged in the Riyadh
Guidelines: “A wide range of recreational facilities and services of particular interest to
young persons should be established and made easily accessible to them”. In a number of
towns in the United States the establishment of basketball programs for adolescents led to a
60% decrease in crime rates.
The International Juvenile Justice Observatory (IJJO):-
IJJO is an organizations that provides information, communication, debates, analysis
and proposal concerning juvenile justice as well as children or young people who have social
difficulties, behavioral problems or are in conflict with the law. The mission of the
International Juvenile Justice Observatory is to “contribute the international and inter –
disciplinary vision of juvenile justice in order to create a future for minors and young people
all over the world who are in situations of exclusion as a result of infringements of the law”.
The IJJO aims at promoting international development strategies to create necessary policies,
legislations and intervention methods with regard to global juvenile justice that is universally
applicable in the world. The IJJO promotes and works towards the provisions of major
international conventions and laws regarding juvenile justice such as UNCRC and UN Rules
for the protection of Juvenile.

The IJJO has specific objectives:-

• To develop an international forum for discussion of research, interventions, and
legislation in order to address the problem of juvenile delinquency.
• To promote international relations regarding different ways to of addressing the
problem: legal, psychological, criminological, social educational, cultural, police, medical,
etc.
• To promote analysis at all level, globally, nationally and locally, of issues concerning
young people in conflict with law.
• To create alternate and changing solutions to problems in the field of juvenile justice.
• To contribute to the improvement of legislation, education, justice, police, health care
and social issues.
• To create a knowledge space which is universally applicable and hence reach other to
professionals, institutes and organizations by means of databases, conferences, workshops
and seminars.
• To provide support and information to developing countries so that they may create a
healthy juvenile justice system.
• To promote the formation of a worldwide network of juvenile justice observers.
• To create awareness about commitment to solving issues relating to young offenders.
• To promote and organize international gatherings which seeks to sharing and
widening the base of knowledge regarding juvenile justice.
 From the forgoing discussion, it is clear that at international level various attempt have
been made for administration of juvenile justice. Particularly United Nation’s efforts on
elimination of juvenile delinquency are really good steps. But, after introspecting the present
scenario of the juvenile delinquency, it is felt that “the development of a sound public policy
regarding all aspects of delinquency prevention and control requires both planning and
evaluation by rigorous research methods. This requires coordination between the government
agencies, universities, police, judiciary and social workers”.
NATIONAL SCENARIO
Juvenile delinquency is a matter of serious consideration which really requires
contemplation and pond ration as it is mounting up not only in developing or underdeveloped
nations but this has plagued and has trapped even developed nations. Of late it is seen that
these juveniles are not only committing mild and serene crimes but are also indulged in
ferocious, heinous and wicked crimes. Juvenile delinquency, also known as "juvenile
offending", is the act of participating in unlawful behavior as minors (juveniles, i.e.
individuals younger than the statutory age of majority).
A child is born innocent, but due to the unhealthy environment, negligence of the basic
necessities and wrong company, a child may turn into a delinquent. Usually, somebody has to
have intent to break the law in order to commit a crime, but that is not always the case. A
person can be charged with a crime if that person is not aware of the law.
No conduct constitutes a crime unless it is declared as criminal in the laws of the
country. Delinquent and criminal behaviour may brim among young people as they negotiate
the transition from childhood to adulthood in an increasingly complex and confusing
world[8].Young people who are at the risk of becoming delinquent usually lives in difficult
circumstances
Understanding the causes of juvenile delinquency is an integral part of preventing a
young person from involvement in inappropriate, harmful and illegal conduct. Four primary
risk factors can identify young people inclined to delinquent activities: individual, family,
mental health and substance abuse.
As mentioned, the paper would be focusses on Juvenile justice systems prevalent in
United States and India, what are the lacuna, should age factor of a person play an important
role in determining his culpability and what can be done . To begin with, here it will not be
out of place to first discuss the juvenile justice system prevalent in United States of America.
Position in United States:-
Since, America has been ruled by England for number of years, the laws in America
are highly influenced by the Common law of England. Blackstone in his commentaries had
talked about people who were incapable of committing crime. In order to commit a crime
mens rea and actue reus are the two essential elements. For the want of any of these, a man
cannot be held liable.
According to Blackstone, children could be divided into two categories. Children
below the age of seven years are doli incapax i.e. incapable of committing crime and
children above the age of fourteen years . If they commit crime, they would be liable in the
same manner as an adult i.e. no distinction between a child above fourteen years committing
a crime and an adult guilty of crime as both of them would be treated at par.
Now the question is about the child committing a crime aged between seven and
fourteen years. In normal circumstances, children between such ages would be considered as
incapable of committing a crime. However if they understood the nature of crime, then of
course they are liable and would suffer the consequences of crime
Nineteenth century witnessed a drastic change as far as treatment of Juveniles in
United States was concerned. Big cities like New York and Chicago opened New York
House of Refuge in 1825 and Chicago Reform School in the year 1855 respectively for
juveniles to separate them from adult hardened criminals. Not only this, opportunity of
rehabilitation was provided to deter them from committing future and prospect crime.
The first juvenile Court in United States (US) came into existence in the year 1899 in
Cook County, Illinois. After this within a span of 25 years most states in US had established
juvenile court system. As far as these early juvenile court systems were concerned their main
aim was to rehabilitate and reform the offender rather than impose punitive and penal
measures on them. In the rehabilitative model of juvenile system, the immaturity of young
offenders played an important role.
The Juveniles require different treatment to rectify them and therefore their
correctional methods should also be different from adults. Both of these cannot be treated at
par. The protagonist of this also believed that the criminal acts committed by young offenders
reflect their immaturity and thus similar procedure and punishment should not be meted out
to the juveniles as is inflicted on the adults.
Not only this, some people also believed that juveniles should be less accountable
because sometimes due to impulsiveness or malleability of youth a crime may be committed.
Impulsiveness presumably contributes to incapacity because it impedes the ability to weigh
the consequences of behaviour, while malleability might make juveniles vulnerable to bad
influences, particularly from peers

During the 1970’s and 1985, all the states adopted juvenile policies relating to
decriminalization and deinstitutionalization. However such policies were not long lived and
in the mid-1980s due to change in the nature of crime by young offenders, increase in
violence etc. criminalization of delinquents were revived. During the early 1990s several
states in US had called for special legislative session to deal with youth crime.
In the United States where the age of majority is set by the individual States, minor
usually refers to someone under the age of 18, but can be used in certain areas to define
someone under the age of 21. The terms" infant”, “child”, “adolescent”, “teen”, “youth”,
“juvenile” and “young person” are also used, although some jurisdictions make a legal
distinction between these terms. Minor statutes carries with it special restrictions, penalties
and protections that do not apply to adults. The United Nation defined “child” as an
"individual below twenty – one years of age." Juvenile Delinquency then deals with children,
minor or youth below 21 years of age who break laws or fails to do what law requires. The
child and Youth Welfare Code, Presidential decree No. 603defines youthful offender as" one
who is over 9 years but under 21 years of age at the time of the commission of the offence."
A child 9 years of age or under at the time of the offence shall be exempt from criminal
liability and shall be committed to the care of his/her father or mother, or nearest relative or
family friend in the discretion of the court and subject to its supervision. All member states of
the United Nations except the United States and Somalia have ratified the United Nations
Convention on the Rights of the Child, 1989. According to the Convention, a child means
every human being below the age of 18 years unless under the law applicable to the child,
majority is attained earlier.
Presently, in United States, slogan “adult crime adult time “is being adopted. In 38
states of US, upper age of juveniles is seventeen years while in other three states it is fifteen
years.
There is unanimity in almost all US States on the point of trying juveniles at par with
adults on juvenile attaining the age of fourteen years in certain circumstances barring states
like Vermont, Indiana, and South Dakota where a child of even ten years can be tried as
adult. As far as punishment part is concerned there are various forms of penalties that are
given to the juveniles. In heinous crimes even life imprisonment can be granted to child aged
twelve years which is considered to be the maximum punishment. Juveniles who have the
potential to try serious offences are detained in secured and tenable environment and are
made to take part in rehabilitative programme. All this is done to control young juveniles.
Additionally rigorous punishments relating to drugs and gang related offences, stringent
treatment such as boot camps and blended sentence have also been introduced to put them
right. As far as the jurisdiction part is concerned if a child usually 13 or 15 commits a grave
and grim crime then their case is automatically shifted to adult court. Jurisdiction of juvenile
courts is automatically waived in such cases.
Position in India:-
As far as position of Juveniles in India is concerned, since ages there has been a trend
of providing different treatment for juvenile offenders. In the year 1843, i.e. during colonial
regime, Lord Cornwalis established Ragged School for such children. The Apprentice Act,
which talked about juvenile legislation came in the year 1850. After a decade, Indian Penal
Code was enacted. Though the Code doesn’t specifically talked about Juvenile offenders
nevertheless there are certain provisions in the Code which deals with underage criminals12.
According to section 82, IPC, children who are less than seven years of age are doli incapax
i.e. they are incapable of committing crime. They do not have mens rea or intent to commit a
crime. Section 83 basically talks about children between seven to twelve years of age.
These children while committing crime if they can understand the nature of crime,
they are punishable. Additionally sections 27 and 360 of Code of criminal procedure, 1973
also talk about young offenders. Then came in the reformatory School Act of 1876. After
this, the reformatory school Act of 1876 and 1897 were the next milestones for treatment of
juveniles in India and with it there was a shift of penal philosophy from punitive to
reformatory measures i.e. now the main aim was to reform the juveniles rather than imposing
punitive measures on them.
The present juvenile justice system is governed according to several International
Covenants. For example: UN Conventions on the Rights of the Child(CRC), UN Standard
Minimum Rules for administration of Justice (Beijing Rules) .Also in India Article 15(3) of
the Constitution talks special provisions for children. This article has been specifically
framed in the constitution for protection of children.
Furthermore, the Constitution of India which is consider as the fundamental law of
India provides for rights and duties of citizens. It also provides provision for the working of
the government machineries. Constitution in Part III has provided Fundamental Rights for its
citizens in the same manner in its Part IV it has provided Directive Principles of State
Policies (DPSP) which acts as general guidelines in framing government policies.
Constitution has provided some basic rights and provisions especially for the welfare of
children. Like: –
• Right to free and compulsory elementary education for all the children under the age
of 6 to 14 years.( Article 21A)
• Right to be protected from any hazardous employment under the age of fourteen age.
(Article 24)
• Right to be protected from being abused in any form by an adult. (Article 39(e)).
• Right to be protected from human trafficking and forced bonded labour system.
( Article (Article 39)
• Right to be provided with good nutrition and proper standard of living. (Article 47)
• Article 15(3) of the Constitution of India provides special powers to State to make any
special laws for the upliftment and the betterment of children and women .
Therefore, the law makers while drafting the Juvenile Act, 2015 has consider all the
necessary provisions laid down by the Constitution so that child’s rights are protected in all
the possible ways.
This is for the same reason that Chapter IV of the Act lays down the provisions for
betterment of the juveniles and has focused on the Reformation and Rehabilitation of
Juveniles in all the possible circumstances.
Age determination has been a tricky and controversial issue in Juvenile Justice. A
number of cases have been decided by the court in this regard. In the context of juvenile
legislation in India, a juvenile is a person who has not completed eighteen years of age. Only
children below seven to twelve years of age who are sufficiently mature to understand the
repercussions if their act and children between twelve to eighteen years of age can be tried
under Juvenile Justice Act as children below seven years of age have been granted blanket
immunity, as mentioned above, by the Indian Penal Code. The objective is not to treat such
children as adults for their criminal behavior but to reform and rehabilitate them. The issue of
age determination is controversial because there is no clarity on the point. Even in the case of
Indian Penal Code, Section 82 & 83 talk about children below and above seven years of age
but it is silent about seven year old children. Who is to determine the age bracket they fall in?
Section 49 (1) of the Juvenile Justice Act, 2000 confers the power on competent authority to
determine whether the person brought it is a juvenile, if he/she appears to be so. But the
procedure to determine juvenility of a person cannot be relied on. The two ways to determine
age of the accused are documentary evidence and medical evidence.
 Also National Policy for Children which talked about training and rehabilitation,
destitution, neglected and exploited children came in the year 1974. A comprehensive
legislation on juvenile known as Juvenile justice Act was passed in the year 1986. In the year
2000, the Juvenile Justice (Care and Protection of Children) Act was enacted. The Act
provides that a child who has not completed the age of 18 years is a juvenile. This 2000 Act
has been amended several times in the years 2006, 2010 and 2011 i.e. in the years 2006, 2010
and 2011 amendments have been made. The 2006 Amendment Act included 26 amendments.
The Act provides for legal system for care, protection, treatment and rehabilitation of both the
categories of children i.e. children in conflict with law and children in need of care and
protection. Presently also the Govt of India is further contemplating for various amendments
and a draft bill is pending before ministry of Law and Justice for scrutiny.
There is no doubt about a fact that India hails in a comprehensive legislations and in
spite of the fact that a detailed, comprehensive and several times amended legislation is
prevalent in India, the crimes committed by juveniles are swelling and mounting up every
day. Isn’t the liberal and open minded approach on juveniles one of the reasons why such
crimes are elevating and escalating every day. The total number of crimes in different years
committed by juveniles clearly endorse this view. How can one forget ever burning case of
Nirbhaya. In the said case, a 23 years old woman was gang raped by six men, one of whom
was a minor, in the moving bus. The woman was dragged to the rear of bus and was beaten
with rod and simultaneously raped in the moving bus. According to medical reports she
suffered serious injuries in her abdomen, intestines and genitals. The doctors stated that some
blunt object (may be iron rod) was used for penetration. According to the International
Bureau Times, a police spokesman said, the minor in the said case was the nastiest, brutal,
fierce attacker and had sexually abused his victim twice and had ripped out her intestines
with bare hands. The woman struggled for so many days to beat death but unfortunately she
succumbed to injuries on 29th December, 2012 after suffering from brain damage,
pneumonia, abdominal infection etc.
Nirbhaya is one of those cases where innocent people are tormented, anguished and
persecuted by juveniles for no fault of theirs. In the said case minor was described as the most
vicious, unruly and fierce attacker who was actively involved in the crime. He was the one
who had sexually abused woman twice and had ripped out her intestines with bare hands.
Now the question is doesn’t he know the nature of crime and what act he is committing? The
answer is probably “Yes” he knows everything. Is he really innocent? Perhaps - No. Nirbhaya
is not the only case. There are catena of cases where innocent people are agonized and
pestered by juveniles without any fault on their part. These juveniles are involved into
heinous and odious crimes like murder, rape, theft, robbery etc and the worst part is they are
taking the protection of the Act accorded to them.
But then again the Juvenile Justice Act, 2015 was enacted to replace the existing
Indian Juvenile Delinquency law, 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 tried as adults.
In our country, it was the high time to bring some reform in the Juvenile laws as there
has been a steep rise in serious crimes involving youth of 16 – 18 years of age and they very
well know that below 18 years is the ‘getaway pass’ for them from the criminal prosecution.
The punishment has to be made a bit deterrent in order to inject the feelings of fear in the
mind of the criminal. The recent “Nirbhaya rape case” has caused utter dismay, concern and
outrage amongst the people. The gruesome act of brutalizing her with an iron rod was done
by none other but a juvenile and he has been sentenced for a period of 3 years as per Section
15 of JJ Act, 2000 as per our law for juveniles. The principal ought to have been followed for
trying juvenile offenders is that Juvenility should be decided as per the state of mind and not
just the state of body. In the recent Nirbhaya rape case all the other co- accused are awarded
death sentence but the person who committed the most brutal part of the case has been
awarded a mere 3 years of remand as per JJ Act, 2000.
In the light of above incident, the bill was introduced in the parliament by Maneka
Gandhi on 12th August 2014. The bill adopts several new features which were missing in the
earlier act like it adopts the concept of Hague convention and cooperation in respect of Inter-
country Adoption, 1993. The bill also seeks to make adoption process of orphaned,
abandoned and surrendered children more streamlined. One of the most criticized step in the
new juvenile justice bill 2015 is introduction of “judicial waiver system” which will allow
treatment of juveniles in certain conditions, in the adult criminal justice system and to punish
them as adults. Juvenile Justice Boards (JJB) and Child will be constituted in each district.
The role of JJB would be to conduct a preliminary in each district. The role of JJB would be
to conduct a preliminary inquiry to determine whether a juvenile offender is to be sent for
rehabilitation or be tried as an adult. The CWC will determine institutional care for children
in need of care and protection. It is for the first time in India that such provisions have been
applied.
This act totally deals with punishing children involved in crimes which are sort of well-
planned crimes, which creates a sense that the person committing the crime clearly know
about what he is doing and still committing it, the crimes which are heinous in nature like
rape and murder, dacoit or kidnapping.
This new act is considered as the biggest legal reform by the Indian judiciary and
should be welcomed and implemented fairly and considered as a move towards stopping
crimes by the teenagers of country by creating a sense of fear of punishment in the minds of
teenagers by introduction of such type of laws.
To meet out justice is a grave and critical responsibility and it becomes graver when
the person in question is a juvenile. Keeping this in mind, U.S.A and India has taken various
steps to deal with the problems of juveniles.
JUDICIAL APPROACH
The effectiveness of the law and the respect that people have for the law and the government
which enacts it is dependent upon the judiciary's independence to mete out fair decisions. The
judiciary also plays a role in law-making. The decisions given by the courts really determine
the meaning, nature and scope of the laws passed by the legislature. The interpretation of
laws by the judiciary amounts to law-making as it is these interpretations which really define
the laws. Moreover, ‘the judgments delivered by the higher courts, which are the Courts of
Records, are binding upon lower courts. The latter can decide the cases before them on the
basis of the decisions made by the higher courts. Judicial decisions constitute a source of law.
 The American juvenile justice system is the primary system used to handle youth who are
convicted of criminal offenses. The system is composed of a federal and many separate state,
territorial, and local jurisdictions, with states and the federal government sharing sovereign
police power under the common authority of the United States Constitution. The juvenile
justice system intervenes in delinquent behavior through police, court, and correctional
involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of
consequences including probation, community service, youth court, youth incarceration and
alternative schooling. The juvenile justice system, similar to the adult system, operates from a
belief that intervening early in delinquent behavior will deter adolescents from engaging in
criminal behavior as adults.
The question of how to treat children in the justice system has long been an issue of
examination and reexamination by the U.S. Supreme Court. The Court has consistently held
that children are entitled to many of the same due process rights as adults. With that
understood, however, the Court has also consistently held that, from a developmental
standpoint, youth are different from adults, which greatly impacts how courts should treat
them in a whole host of areas, such as waiver of rights, culpability, and punishment. The
following case summaries describe the United States Supreme Court’s major jurisprudence in
the arena of juvenile justice:-
 In re Gault, 387 U.S. 1 (1967), this decision was the turning point for the rights of
juveniles in U.S. Courts. It was the first time that the Supreme Court held that children facing
delinquency prosecution have many of the same legal rights as adults in criminal court,
including the right to an attorney, the right to remain silent, the right to notice of the charges,
and the right to a full hearing on the merits of the case.
 Kent v. United States, 383 U.S. 541 (1966), A juvenile court does not have unlimited
parens patriae power. It is not entitled to act with “procedural arbitrariness.” The decision to
waive a juvenile to adult court requires first providing the young person with basic due
process: a hearing, effective assistance of counsel, and a “statement of reasons” for the
decision.
 Roper v Simmons, 543 U.S. 551 (2005), the imposition of the death penalty for
crimes committed by juveniles is cruel and unusual punishment within the meaning of the 8th
Amendment. Justice Kennedy, writing for the majority, noted that the Court consistently
limited the death penalty to the very worst of offenders. Citing to the most recent social and
neuroscience, he discussed three general characteristics separated children from adults,
simultaneously serving to remove juveniles from the category of the very worst of offenders.
First, juveniles lack maturity and have an underdeveloped sense of responsibility, resulting in
impetuous and ill-considered actions and decisions. Second, juveniles are more vulnerable
and susceptible to negative influences and outside pressures, including peer pressure. Third,
the character of a juvenile is not as well formed as that of an adult. Thus, they possess far
more potential for rehabilitation.
 Graham v. Florida, 130 S.Ct. 2011 (2010), Expanding upon the analysis in and logic
of Roper, the Supreme Court held that it was unconstitutional to impose the penalty of life
imprisonment without the possibility of parole on juveniles. The opinion also noted that
young people have difficulty participating in their own representation. While “a state need
not guarantee the offender eventual release…it must provide…some realistic opportunity to
obtain release before the end of that term.” The holding in Graham left unanswered what the
Court meant by a “realistic opportunity to obtain release.”
 Miller v. Alabama, 567 U.S.(2012) The Court continued the Roper–Graham line of
cases, and held that juveniles cannot be sentenced to life without the possibility of parole for
homicide crimes, where such a sentence is the only option. Mitigating factors must be taken
into account before a juvenile can be sentenced to life without the possibility of parole.
Role of judiciary in India:-
Supreme Court and various High Courts in India play a very important role in the
development of Juvenile Justice System in India. In the initial stage, the cases related with
juvenile delinquent are dealt by the lower courts but the trends of the judicial approach
towards a juvenile in conflict with the law, reflected by the judgments of Hon’ble Supreme
Court and various high courts. The courts/ juvenile justice board are under the statutory and
Constitutional duty to deal with the juveniles in conflict with the law. The competent
authority is required to make due inquiry and give full opportunity to the juveniles to put his
case before the court or board concerned. Child delinquency is accepted as a major problem
faced by both developing and developed countries. To overcome this obstacle, the
governments have established many courts for implementation of various law enacted and in
this way contributed a lot in the fields of juvenile justice for the benefit of juvenile offenders.
Judiciary on various occasions has expressed great concern relating to the proper
implementation of beneficial provisions of law relating to children.
 In Sheela Barse v Union of India , the Supreme Court issued directions to the state
government to set up necessary observation homes where children accused of an offense
could lodge, pending investigation and trial will be expedited by juvenile courts.
 In Sheela Barse v. Secretary, Children Aid Society , the Supreme Court commented
upon setting up dedicated juvenile courts and special juvenile court officials and the proper
provision of care and protection of children in observation Homes.
 In M.C. Mehta v State of Tamil Nadu , the Supreme Court pronounced upon the
constitutional perspective of the abolition of Child labor and issued appropriate guidelines to
the Government of India with respect to compulsory education, health, nutrition, etc of the
child laborers.
 In Sakshi v Union of India , the Supreme Court directed the government/ Law
commission to conduct a study and submit a report on the means of curbing child abuse.
 In case of Arnit Das v. State of Bihar , the Supreme Court overruled its previous
decision and held that date to decide in claim of juvenility should be the date on which the
accused is brought before the competent authority.
 How can one forget ever burning case of Nirbhaya. In this case it was found that all
the other co- accused are awarded death sentence but the person who committed the most
brutal part of the case has been awarded a mere 3 years of remand as per JJ Act, 2000. The
verdict was criticized by many stating that by not punishing the juvenile the court is
encouraging other teenagers as they know that they will get away due to the lacuna in the
Act.
Thus for the best interest of the juveniles or child, a number of legislative provisions have
been developed from time to time and judiciary has played an important role in achieving the
objectives of the legislation.
DRAWBACKS AND SUGGESTIONS
Effectiveness of the Juvenile Justice System:-
U.S.A - The American juvenile justice system was designed over 100 years ago to reform
kids who were found guilty of minor crimes such as petty theft and truancy. Today, the
system is becoming overwhelmed by crimes of violence. Stealing and skipping school have
been replaced by rape and murder. The juvenile justice system was never meant to deal with
these kinds of problems. Juvenile delinquency describes the antisocial behavior of many
different types of youth who are in trouble, or who are on the brink of trouble with the law. In
general terms juvenile delinquency means different things to different people.
The working of Juvenile Courts in U.S.A. is relatively less complex and easier as compared
to the other nations. The courts of U.S.A. follows the informal way in the process of trial of
offender. At the first stage , the police officer in the charge of the case has the full discretion
power either to keep the juvenile offender in the child custody or to immediately release him
or to admonish the offender or to do the both. In the second stage police officer have to
contact the Juvenile Courts to make them aware about the case and to take the matters into
their hands.
Juvenile Offenders after the trial in court is being sent to Certified Schools or to the Children
Homes if the order is passed by the court. According to the Juvenile Justice System in U.S.A.
a juvenile is tried as an adult only in those cases where the age of the juvenile is close to
adulthood as per the statutory provisions or any juvenile offenders who is found to be
involved in repeated offences and is proved danger to the society.
In every country the juvenile justice system exists at a point of collision between competing
principles. Everywhere, mature adults are treated as moral beings that make choices. These
choices may often be ill-informed and may emerge from an impoverished social context, yet
western legal traditions insist on treating most individuals in most circumstances as free
moral agents, and pin responsibility for their actions onto them. To do otherwise would be
patronizing and authoritarian: it would be a denial ofthe individual’s essential humanity.
Children, on the other hand, are regarded as a force of nature, and not as independent moral
agents. They are restrained, supervised, trained and prepared to assume that status when they
reach maturity. Even after the flattening of hierarchies that has continued since the 1960s, few
parents or teachers have qualms about making choices for young children, especially if they
can explain and justify their choices as being in the best interests of the child.
The current debate on juvenile justice reform in the United States focuses on the root of racial
and economic discrepancies in the incarcerated youth population. The school to prison
pipeline has been described as one mechanism that targets young people in schools and
funnels them into the juvenile justice system. Zero tolerance policies in schools have
increased the numbers of young people facing detention. Low-income youth, youth of color
and youth with learning and cognitive disabilities are over-represented in the justice system
and disproportionately targeted by zero tolerance policies.
Much of the criticism about the American juvenile justice system revolves around its
effectiveness in rehabilitating juvenile delinquents. Currently the juvenile system has failed to
ensure that all youth in the system with learning disabilities or mental health issues, and from
lower-class individuals and racial minorities are provided with the benefits for a productive
life once out of the system. In 2013 30% of youth in system have a learning disability and
nearly 50% test below grade level. They argue that the juvenile justice system should be
restructured to more effectively lower the chances of future crime among youth, and advocate
for increased educational programs for incarcerated youth as the most important method to
reduce recidivism.
INDIA:- Like the other countries , India had also made legal provisions that especially and
specifically deals with the rights and protection of juvenile offenders which seeks to tackle
the problem of juvenile delinquency. The Juvenile Justice System in India is made on the
basis of three main assumptions:-
• young offenders should not be tried in courts , rather they should be corrected in all
the best possible ways,
• they should not be punished by the courts , but they should get a chance to reform
• Trial for child in conflict with law should be based on non-penal treatment through
the communities based upon the social control agencies for e.g. Observation Homes and
Special Homes.
The increasing rates of juvenile crime in India in very concerning issue and need to be
focused upon. Although government has laid various legislation and rules to stop the
incidents of juvenile crimes but the present laws on juveniles is not creating a deterrent effect
on the juveniles and thus the results are not fruitful and legislative intent is not accomplishing
.
When United States and other developed nations can change their approach from
liberalism to tough and sturdy practice seeing the nature of the crime, atrocities, mental level
etc, why can’t India adopt the same approach and policy. It is high time now that we should
not run after the age of person rather should focus on the severity of the crime, mens rea,
level of understanding etc. otherwise innocent people will continue to suffer in the hands of
these not so naive and not so guiltless persons. The worst part is that these persons will
continue to take advantage of the lacuna (three years punishment) which the present juvenile
Justice Act is bestowed with as it is not carrying any deterrent impact on the minds of these
young offenders. They very well know that even after committing such heinous crimes, they
are let loose after a period of three years. This is a staid and somber issue which requires
attention, deliberation and definitely a change is required for the betterment of the society as
a whole.
Suggestions and Recommendations:-
In order to make full use of the legal provisions available for juvenile, the State may initiate
the following steps:
• Early intervention - It is widely believed that early phase intervention represent the
best approach to preventing juvenile delinquency. Prevention requires individual, group and
organizational efforts aimed at keeping adolescents from breaking the law
• Education - Governments are under an obligation to make public, education
accessible to all young persons. Education systems should seek to work together with parents,
community organizations and agencies concerned with the activities of young person. Supply
adolescents and young people with increased economic opportunities, professional training
and education, new workplaces and assistance in organizing business can help prevent youth
involvement in delinquent activities. Educational programmes can help prevent youth
involvement in delinquent activities. Educational programmes are helping young people learn
how to engage in positive self – appraisal, deal with conflict, and control aggression.
• Socialization Process - Every society should place a high priority on the needs and
well – being of the families and of all its members. Since the families is the central unit
responsible for the primary socialization of children, governmental and social efforts to
preserve the integrity of the family, including the extended family, should be pursued. The
society has a responsibility to assist the family in providing care and protection and in
ensuring the physical and mental well – being of children. Adequate arrangements including
day – care should be provided. Governments should establish policies that are conducive to
the bringing up of children in stable and settled family environments. Families in need of
assistance in the resolution of conditions of instability or conflict should be provided with
requisite services. Government should take measures to promote families cohesion and
harmony and to discourage the separation of children from their parents, unless
circumstances affecting the welfare and future of the child leaves no viable alternative.
• Mass Media - The mass media should be encouraged to ensure that young persons
have access to information and material from a diversity of national and international sources.
The mass media should be encouraged to portray the positive contribution of young persons
to society. The mass media should be encouraged to disseminate information on the existence
of services, facilities and opportunities for young persons in society.
• Legislation and Juvenile Justice Administration - Governments should enact and
enforce specific laws and procedures to promote and protect the rights and well – being of all
young persons. Legislation preventing the victimization, abuse, exploitation and the use for
criminal activities of children and young persons should be enacted and enforced. No child or
young person should be subjected to harsh or degrading correction or punishment measures
at, in schools or in any other institutions. Legislation and enforcement aimed at restricting
and controlling accessibility of weapons of any sort to children and young persons should be
pursued. Legislation should be enacted and strictly enforced to protect children and young
persons from drug abuse and drug traffickers.
In this context special attention must be given to street children and to children and
adolescents who have lost their families (or their ties to them) during armed conflicts and
have thus had no appropriate family surveillance. The majority of programmes serving street
children are remedial in nature, as they operate on an adhoc basis, providing food, clothing
and occasionally shelter and health services. These initiatives, which provide symptomatic
treatment, have to be complemented by programmes that also address the cause of
“streetism”. Special programmes are needed to tackle problem of unaccompanied and
homeless children, including rehabilitation schemes that take children off the streets.
However, change cannot be brought by the government alone, it requires coordination
between the government agencies, judiciary, police and social workers.
CONCLUSION
Nobody is born criminal from the womb of mother but due to certain circumstances,
misfortune and adversity as already mentioned some children or adolescents are distracted
and side tracked. In order to set those right most countries had adopted reformatory approach
but of late it is seen that this approach is not working well with these incorrigible and
inveterate young offenders. In order to sort and unravel this, the laws and policies in United
States (US) have changed as the time progressed. The practice of liberal approach in US has
presently shifted to tough reforms in some cases seeing the nature of crime committed by
juveniles. What are we waiting in India for? When so called juveniles can commit heinous,
nasty, ferocious crimes as already mentioned can they be seriously called as juveniles who
are innocent? If we talk about Nirbhaya case, the question which keeps on haunting us and
every time raises our eyebrows is can the so called juvenile be really called innocent when it
is a known fact that he was actively involved in such ferocious, nasty and brutal act.
Undoubtedly the number of serious, monstrous and odious crimes committed by
juveniles are mounting up every day as these young offenders very well know that they can
easily get free even after committing such ferocious, heart piercing acts. The question here
which really requires pond ration is can these persons be seriously called as innocent,
blameless and naive persons? The answer is perhaps “No”. When these persons can hatch a
plot, churn their ideas to commit sinister, ominous offences like rape, murder, dacoity etc
they can no more be called as innocent, guiltless persons and this rehabilitation model which
has been till ages followed in so many countries should no more be applicable on such
juveniles no matter what their age.
When United States and other developed nations can change their approach from
liberalism to tough and sturdy practice seeing the nature of the crime, atrocities, mental level
etc. why can’t India adopt the same approach and policy. It is high time now that we should
not run after the age of person rather should focus on the severity of the crime, mens rea,
level of understanding etc. otherwise innocent people will continue to suffer in the hands of
these not so naive and not so guiltless persons. The worst part is that these persons will
continue to take advantage of the lacuna (three years punishment) which the present juvenile
Justice Act is bestowed with as it is not carrying any deterrent impact on the minds of these
young offenders. They very well know that even after committing such heinous crimes, they
are let loose after a period of three years. This is a staid and somber issue which requires
attention, deliberation and definitely a change is required for the betterment of the society as
a whole.
Presently, in India it is seen that much importance is given to age factor of accused
and when the person is below 18 years of age howsoever he might be guilty, he is sent to
reformatory school for a period of three years and is let free, courtesy, Juvenile Justice (Care
and Protection ) Act, 2006.It doesn’t make any difference that he had with full knowledge
and acquaintance actively played a part in the crime, it doesn’t make any difference that his
co-accused are getting life imprisonment or maybe they are hanged. However Juvenile
Justice (Care and Protection of Children) Act, 2015, replaced the Indian juvenile delinquency
law, Juvenile Justice (Care and Protection of Children) Act, 2000, and allows for juveniles in
conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as
adults.
 Unlike in the U.S., juveniles in India do not have certain Constitutional due process
rights, such as the right to an attorney, yet the children courts in India serve as criminal courts
and the Indian act provides for greater procedural safeguards. No doubt in United States also
reformatory schools were established and are till date serving these off the track gone
children but seeing the demand of the time United States has in some cases changed its policy
and are heading towards tough reforms for the interest of the public. In India, as far as
juveniles are concerned we bank upon Juvenile justice System which talks about care,
protection and reformation of such children. United States have changed its policy seeing the
types of crimes committed by these so called juveniles. India is still clinging on reformatory
part.
We may conclude that we have to take a serious view of the changing trends of
behavior among our children which has virtually made age as too superfluous and irrelevant
factor determining who actually is a Juvenile in real sense and who is not and tailor out a
socio-legal plan to govern their conduct in such a way that they get full opportunity to
develop their faculties without losing the bliss of their childhood such as innocence,
naughtiness, playfulness, which are the basic attributes of childhood and ultimately turnout to
be good human beings. The aim of juvenile justice should be that any reaction to juvenile
offenders should always be in proportion to the circumstances of both the offender and
offence. Then only we could proudly say our children are assets of our nation on whom we
can stake our bright future otherwise they would become a liability to not only the parents but
to the whole society.s

UNIT-II
QUESTION:2 J J ACT 2015
Answer: Juvenile Justice Act of 2015
The accompanying Act of Parliament obtained the consent from the President on 31st
December 2015 and is thus circulated for general info. This is an Act to combine and amend
the law associated to children which are positively asserted and found in conflict with the law
and the child needs to provide care and security by taking into account their essential needs
through legitimate consideration, assurance, advancement, treatment, social re-mix, by
embracing a child cordial approach in the mediation and removal of issues to the most
progressive growth of the child and for their restoration through procedures given, and
organizations and bodies as mentioned in the recent amendment of juvenile justice Act 2015
Section 1(1)(2)(3)(4) it represents that:

This Act might be popularly known as the juvenile justice (Care and Protection of
Children) Act, 2015.
It reaches out to the entire of India aside from the State of Jammu and Kashmir.
It will come into power on such date as the Central Government may, by notification in the
Official Gazette, choose.
Notwithstanding anything contained in some other law for now in power, the social
arrangements of this Act will apply to all issues concerning child’s needs care and security
and youths in strife with law, including anxiety, confinement, arraignment, appropriate
punishment or detainment, restoration and social re-incorporation of kids in a struggle with
law.
The increase in the number of crimes (including rapes) committed by juveniles (aged 16 to
18) was the main reason to introduce the new legislation. More retributive than reforming, the
new law raised several questions. The new law is considered retributive because it contains
provisions for teenagers who commit a heinous crime (punishable by 7 years or more) must
be tried as adults but in the juvenile court. The child found guilty of the heinous crime is sent
to a safe place until the age of 21, after which he is transferred to prison. The children’s court
ensures it. This means that the benefit of a child is not granted to the minor when found guilty
of committing a heinous crime.
Many protesters criticized the new law on minors for being unconstitutional. The Court noted
that in Rule 4 of the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice, in the case of Pratap Singh v. the State of Jharkhand [3], one had to give all
its importance to the moral and psychological elements even when responsible for a crime.
According to Professor Ved Kumari [4], if a 16-year-old commits a heinous crime and his is
punishable by 7 years of imprisonment, he must be brought before the Juvenile Justice
Council, which decides on the physical and mental capacity of the child; if the minor
committed such an offence has the ability to understand the consequences of the offence and
under what circumstances the offence was committed. This work of the Juvenile Justice
Commission is difficult and there is a good chance of uncertainty.
Many activists have raised another problem, namely that the 2015 law violates the spirit of
Article 20(1), which states that a person can not be sentenced to a harsher sentence than that
which would have been applied to him or her. by the law of the country. Under the new law,
if a sentenced minor reaches the age of 21 but has not completed his entire sentence, he can
be sent to prison if deemed appropriate. This new law undermines the spirit of Article 20(1).
Salient Features of the Juvenile Justice Act, 2015-
Definition of ‘child in need of care and protection’ expanded– Under the new law, the
definition now also includes a child caught working in violation of labour law, with imminent
risk of marriage before reaching the legal age for the same resides with a person who has
threatened or threatened to hurt, exploit, abuse or neglect the child or to violate any other law,
or whose parents or guardians are unable to care from him.
Child Welfare Committee is no longer the final authority in cases of children in need of care
and protection– Anyone related to the child may apply to the district judge, who will review
and make appropriate orders as a district judge. the authority of the Child Protection
Committee.
Procedure for inquiry– Unlike children for whom production reports have been received,
the Child Protection Committee must now investigate any child produced before it. Orphaned
and delivered children are also included in the procedure.
An extensive definition of ‘adoption’ provided– The rights of the child have been recognized
and a detailed definition of adoption has now been provided.
Important definitions under the Act
In the Indian juvenile justice system, the ‘child in Conflict with Law’ is utilized in place of
juveniles. In this way, the Child in Conflict with Law is smarter to be utilized as opposed to
utilizing juveniles. The ideas conceived by the term’s ‘juveniles’ ‘child’ and ‘child in
Conflict with Law’ have contrasts and similitudes. In this way, complete deserting the term
‘juvenile’ is unimaginable.
Below tables shows the similarities and contrasts of the three terms:

Similarities Contrasts
1 Child younger than 18 years.
A child born after birth referred to as a teen.
A child may be in Conflict in Law in needs of care and security.
2 Juvenileyounger than 18 years.
A juvenile has a lower age limit as per section 82 of Indian Penal Code, he must be over 7
years of age.
A child who faces legitimate procedures in the claim of an offence or wrongdoing.
3 Child in conflict with the law. younger than 18 years.
A child who faces legal proceedings in the allegation for an offence.
Important Definitions
Section 2(13) of the juvenile justice act 2015 signifies a child who is in conflict with the law
and asserted or found to have convicted an offence and not finished the 18 years of age on the
date of the delegation of such an offence.
Section 2(35) characterizes the significance of a juvenile as “juveniles” and a child
underneath the age of 18 years.
Juvenile Justice (Care and Protection of Children) Rules, 2016 are the primary rules. The
constitution of India and UN Standard Minimum Rules for the Administration of juvenile
justice, 1985 also known as the Beijing Rules are guiding fountains. United Nations
Convention on the Rights of the Child, 1989 known as UNCRC is the source of all protection
issues for children.
Rule 2.2 of the Beijing Rules mentioned
A juvenile is a child or young person who, under the governing legal systems, may be dealt
with an offence in a manner that is different from an adult.
An offence is any behaviour (act or omission) that is punishable by law under the respective
legal systems.
A juvenile offender is a child or young person who is alleged to have committed or who has
been found to have committed an offence.
Recent amendments in the Juvenile Justice Act Bill 2015 passed by the Lok Sabha
These are 14 notable changes mentioned below:
Depending upon the severity of crime like a crime committed atrociously and brutally, the
juveniles between the ages of 16 to 18 years have the trial and the legal proceedings in adult
courts.
Any child that is convicted of any crime will currently be sent for a preliminary evaluation
for a time of a quarter of a year (3 months), earlier it is one month now extended to three
months.
Another clause on fair trial is included, under which the evaluation or assessment period will
investigate the special needs of the child, under the child-friendly atmosphere.
The child will not go through any form of disqualification or elimination in education or jobs
due to being guilty of any crime under the Act.
The guilty records shall be ruined after the completion period of appeal, except in the case of
atrocious crimes.
The time period to rethink the decision of adoption is changed from one to three months.
The aftercare of a child shall be unrestricted to one month in institutional care.
Receive financial aid more than one time after evacuating institutional care.
Priority for disabled children in interstate adoption.
Increase in the time period for left alone children kept under observation in child care
facilities from 30 days to 60 days.
In the case of an inevitable situation, it will not be considered purposely or willfully giving
up the child by biological parents.
Consultation and advice from experienced psychologists and medical specialists if an order
passed against the child.
Training of special juvenile units in the police force.
NCPCR and SCPCR will be the nodal specialists to be liable for observing implementation,
the exposure of the amended act, and to investigate cases that emerge out of the act.
General principles of care and protection of children
General standards to be followed in the organization of Act- The Central Government, the
State Governments, the Board, and different offices, by and large, while executing the
provisions of this Act will be guided by the accompanying basic principles, specifically:

Section 3 of the Juvenile Justice Act 2015 states the principles of care and protection of
children:
Principle of the Best Interest of the Child- “Best interest of the child” signifies the reason for
any choice taken with respect to the child, to guarantee satisfaction of his fundamental rights
and needs, character, social prosperity and physical, enthusiastic and scholarly improvement.
The Principle of Presumption of Innocence- It will be regarded all through the procedure
of justice and protection, from the underlying contact to elective consideration, including
aftercare. Any unlawful behaviour of a child which is done for endurance, or is because of
environmental or situational factors or is done under the control of adults, or peer groups.
Principle of Right to maintain privacy and Confidentiality- Each child has an option to the
right of his protection and privacy by all methods and all through the legal procedure. No
report of the juvenile will be distributed that may prompt the recognition of the juvenile but
to the situations where the exposure of their distinguishing proof identity would cause
protection of them.
Principle of equality and non-discrimination- That there shall be no discrimination against
a child on any grounds including sex, caste, ethnicity, place of birth, disability and equality of
access, opportunity and treatment shall be provided to every child. Every single suitable
measure should be taken to ensure that the child is secured against all types of discrimination
or punishment based on the status, activities, expressed opinions or convictions of the child’s
parents, lawful guardians, or family members.
Principle of Participation- The child should be provided with an opportunity to being
involved and the child who is capable of forming his or her own views has the right to
express those views freely in all matters which is affecting the child’s growth and
development, the views of the child is given due importance in accordance with the age and
maturity of the child.
Principle of institutionalization- It is a measure of last resort, in certain circumstances the
family is not capable of taking care of the well being of the child and when the child has no
family to be cared for and there is no one to look after the child, the government must make
alternative provisions.
Principle of Diversion- Diversion presents a few preferences when contrasted with the
conventional criminal justice framework which can be excessively unbending, awkward,
slow and inert to the necessities of children who are often first-time or non-genuine
offenders. Police are the first point of contact between the juvenile and the juvenile justice
Board or the court and as such the police think that it is not essential to proceed for the
juvenile to the judicial bodies on the consideration that the rights of the child, protection of
the society and the rights of the victims, they may divert the juvenile from the formal court
processes based on the acts and rules.
Principles of Natural Justice- Every child should be treated fairly and equally, regardless of
his or her race, ethnicity, colour, gender, language, religion, political or another opinion,
national, ethnic or social origin, property, disability, and birth or another status. In certain
cases, special services and protection will need to be instituted to ensure children’s rights are
met equally.
Principle of Family Responsibility- Guardians or parents of a juvenile must be associated
with the groundwork for the inquiry and trial and be available when it happens. They ought to
be educated by police, investigators or judges that a conventional request will happen and
that they are welcome to join in.
Principle of Dignity and worth- The treatment of the child will be predictable with the
child’s feeling of pride and worth. Every single person is brought into the world free and
equivalent in poise and rights. They are invested with reason and conscience and should act
towards each other in a soul of fellowship (Article I of UN Declaration Human Rights). All
children will be managed with respect due to their inherent dignity and human beings.
Principle of Safety- The state has a greater responsibility for ensuring the safety of every
child in its care and protection, without resorting to restrictive measures and processes in the
name of care and protection.
Principle of Positive Measures- The main theme of the principle is the promotion of the
wellbeing of the juveniles. The characters and behaviours of the juveniles shall be corrected
and reformed by following positive measures.
Principle of non-stigmatizing Semantics- The principle of non-stigmatizing semantics
proposes not to utilize words that are utilized in ordinary criminal procedures, choices, and
activities that may stigmatize the juveniles. The rule command to maintain a strategic
distance from the utilization of antagonistic or accusatory words, for example, capture,
remand, blame, charge sheet, preliminary, indictment, warrant, summons, conviction,
detainee, reprobate, ignored, custody or prison.
Principle of non-waiver of Rights- The Constitution of India carefully precludes the waiver
of rights. The equivalent is epitomized in the juvenile justice system in India. The legal rights
enforced by the Juvenile Justice Act should not be postponed under any circumstances by any
juvenile, competent authority and stakeholder working under the juvenile justice system.
Also, further, the non-exercise of fundamental rights doesn’t add up to the waiver of the
equivalent.
Principle of Repatriation and Restoration- States that it shall be ensured that a child shall
not be separated from his or her parents against their will. However, the Board or the Court
considers the separation is necessary for the best interests of the child in accordance with the
law and procedures, such determination may be necessary in a particular case such as one
involving abuse or neglect of the child by the parents, or one where the parents are living
separately and a decision must be made as to the child’s place of residence.
Principle of Fresh Start- The principle of fresh start promotes a new beginning for the
juvenile in conflict with the law. This rule also instructs to destroy all past records of the
juvenile within a stipulated period. They are ensured to erase all their past records.
What are two categories of Children who are protected under the Juvenile Justice
Children in conflict with the law
The new law reinforces the approach of the juvenile justice system to children in conflict
with the law as well as children in need of care and protection. The Juvenile Justice Act of
2015 redefined the “minor” in conflict with the law into a “child” in conflict with the law.
Offences were classified as small/serious/ obnoxious. In the case of heinous crimes, children
between the ages of 16 and 18 can be tried as adults after a preliminary assessment by the
juvenile justice commission.
During the investigation, a child in conflict with the law will be temporarily sent to an
observation house. Depending on age, sex, physical and mental state and the nature of the
offence, the child will be isolated. A child will be placed in a special home if convicted of an
offence by the Juvenile Justice Commission.
For children over the age of 18 or children aged 16 to 18 charged or convicted of committing
a heinous crime, a security site will be established. for the children in the process of trial and
the children who are convicted; the place of safety will have a separate layout and facilities.
The juvenile justice commission will carry out a regular inspection of adult prisons to check
whether a child is accommodated there and take immediate measures to transfer the child to
the home of observation [Section 8(3)].
Within three months, the Juvenile Justice Council will make a preliminary assessment before
referring the case to the juvenile court. The law stipulates that the final order must include an
individual plan for the rehabilitation of the child, including a follow-up by the probation
officer, the District Child Protection Unit or a worker. when the child is considered an adult
by the juvenile court.
The juvenile court ensures that the child is kept in a safe place until the age of twenty-one.
The juvenile court must determine whether it should be transferred to prison or whether it has
undergone reform changes and that it could be saved by incarceration once it reaches the age
of death and the sentence is still pending. The law provides for a complete embargo on
capital punishment or life imprisonment without the possibility of release for child offenders
who are treated as adults by juvenile justice. The juvenile court decides whether the child
should be released or sent to prison after reaching the age of 21.
Children in need of care and protection
Within 24 hours, a child in need of care and protection must be brought before the Child
Protection Committee. The law provides for the compulsory declaration of a child separated
from his guardian. Non-reporting was treated as a punishable offence. The child in need of
care and protection is sent to the appropriate child protection institution and directed by the
child protection committee under the direction of a social worker. Within 15 days, the social
worker or child protection officer must conduct the social inquiry. At least 20 days a month.
The child protection committees meet and the district magistrate conducts a quarterly review
of the functioning of the child protection committee.
For care, treatment, education, training, development and rehabilitation, a child in need of
care and protection will be placed in a children’s home. Shelters open for children who need
community support in the short term to protect them from abuse or keep them away from
street life under the law. The Child Protection Committee could recognize an institution that
is able to temporarily assume a child’s responsibility. The rehabilitation of orphans,
abandoned or delivered children is taken care of by the Agency specialized in adoption.
What is the Institutional Care provided for the juveniles?
Rule 3 of the Juvenile Justice (Care and Protection of Children) Rules of 2007 states that “the
institutionalization of a juvenile must be a measure of last resort after a reasonable inquiry
and this also for the minimum possible duration”.
This replaced the twelfth fundamental principle of the juvenile justice system. Institutional
care measures are as follows:
Observation Homes
Section 8 of the Juvenile Justice Act of 2000 provides that the state government may
establish and operate observation houses in each district or group of districts. A minor is
temporarily received in these homes. For the duration of any investigation into them under
the Juvenile Justice (Care and Protection of Children) Act 2000, minors are detained in
observation houses. Minors are kept for a few weeks in the observation houses for the social
study of minors.
The minor’s story is prepared by the probation officer during his brief stay at the observer’s
home. The competent authority then decides, depending on the case, to keep them in the
institution or to entrust them to their parents. During the stay in the establishment, medical
and psychiatric services were also provided, as well as basic equipment such as food, clothing
and accommodation for minors. To keep the mind and body healthy, young people should
water the plants, help in the kitchen and clean the premises of the shelter.
Special Homes
Section 9 of the Juvenile Justice Act of 2000, states the state government may establish and
maintain special homes in each district or group of districts. When the offence committed by
a minor is proven and condemned by the competent authority, it is placed in the special home
established by the state governments. In the special home, minors are treated for a long time
or until their age ceases.
The ultimate goal of the rehabilitation of juveniles in the homes under the Juvenile Justice
(Protection and Protection of Children) Act of 2000 has therefore been implemented to
ensure that all necessary efforts are made to change the of juveniles. minors of evil to good.
Special shelters for minors pay more attention to the education and vocational training of
minors. Minors receive food, clothing, shelter, medical and psychiatric services, and
counselling.
Children’s Home
Section 34 of the Juvenile Justice Act of 2000 states “The state government may establish
and maintain children’s homes in each district or group of districts.” The children’s home is a
home where children in need of care and protection are placed on the order of a competent
authority.
In accordance with the Juvenile Justice (Protection and Protection of Children) Act of 2000
of the Children’s Home, children are provided with all the services necessary for overall
development up to a fairly high age, that is, until ‘at 18 years old. Services include the
provision of food, clothing, shelter, medical and psychiatric treatment, including counselling
and referral. Education and vocational training are also provided to children.
Shelter Homes
According to Section 37 of the Juvenile Justice Act of 2000, Shelters Homes as for children
in need of urgent support. Shelter homes provide children with space where they can play and
engage in creative activities. Children are engaged in music, dance, theatre, yoga and
meditation, computers, indoor and outdoor games, etc, to spend their time productively.
These creative activities are designed to encourage meaningful participation and interaction
among peer groups. These activities will ensure the overall growth and development of
children. The main purpose of these shelters is to keep them away from socially deviant
behaviours, in addition to meeting their basic needs for food, nutrition and health. Children
can safely keep their property and income in the conditions provided for in these shelters.

Question: Salient Judicial Decisions.

Answer:
Introduction:
Society must be aware and vigilant about the protection of its children because children are
the future of the country and ignoring them could have serious consequences. The Legislature
of our country has enacted several Statutes to deal with the Children in Conflict with the law
and to provide protection to vulnerable children. Through the Juvenile Justice (Care and
Protection of Children) Act, 2015, India has also provided a secular law for the Adoption of
Children. In this article, I will discuss the landmark judgments delivered by the Hon’ble
Supreme Court,on the subject of Juvenile Justice and the Protection of Children.
Landmark Judgments:
1. Sheela Barse & Anr. v. Union of India & Ors. [1986 AIR 1773]
This petition was filed in the Hon’ble Supreme Court for getting directions regarding the
release of children, below 16 years of age, from jails. The petitioners also prayed for the
production of complete information about children in jails, and the existence of juvenile
courts, homes, and schools in the country.
The Hon’ble Supreme Court, acting on the petition, directed:
State Legal Aid & Advice Board to send two lawyers to each jail within the State once a
week to provide legal assistance to children (below 16 years of age), who are detained in
prisons.
All State Governments to report the number of children's homes, remand homes &
observation homes for children in their States, and the number of inmates in each of those
institutions.
States to properly enforce the ‘Children’s Act’ enacted by them. They must file affidavits to
show cause why they are not implementing those Acts.
District and Sessions Judges tomake regular visits to the District Jails and to take particular
care of child prisoners.
2. Sheela Barse & Ors. v. Union of India & Ors. [1986 SCALE (2) 230]
In this case, the Hon’ble Supreme gave the following directions relating to juveniles:
In cases, where a child has been accused of an offence that is punishable with imprisonment
of fewer than 7 years, the investigation must be completed within 3 months from the lodging
of the FIR and the trial must be completed within 6 months from the filing of the charge
sheet.
Children must not be lodged in jails under any circumstance. Remand and observation homes
must be set up by the State Governments. If there is no accommodation in these remand or
observation homes, then the children should be released on bail.
To ensure complete uniformity, the Union Government should enact a Children’s Act for the
trial of children below 16 years of age and ensure rehabilitation of such children.

3.Pratap Singh v. State of Jharkhand & Anr.

In this case, the Hon’ble Supreme Court held that the juvenility of a person in conflict with
the law has to be reckoned from the date of the offence and not from the date on which
cognizance was taken by the Magistrate.
4. Hari Ram v. State of Rajasthan & Anr. [2009 SCC 13 211]
Under the Juvenile Justice Act, 1986, the upper age limit for male children to be considered
juveniles was 16 years. But, the Juvenile Justice (Care and Protection of Children) Act, 2000
(“JJ Act, 2000”) treats children up to 18 years as juveniles. So, the primary issue before the
court, in this case, was, whether JJ Act, 2000 applies to offences that have been committed
before the coming into force of the JJ Act, 2000. The court held that upon conjoint reading of
Sections 2 (k), 2 (l), 7A, 20, and 49, it is made clear that all the persons who were below the
age of 18 years on the date of the commission of the offence even before the enforcement of
JJ Act, 2000, would be treated as juveniles. It would be immaterial that the claim of juvenility
was raised after the accused attained the age of 18 years. 5. Jitendra Singh @ Babboo Singh
& Anr. v. State of U.P. [Criminal Appeal No. 763 of 2003] In this case, the court held that
anyone claiming to be a minor on the date of an offence should make such a claim at the
earliest available opportunity before the Trial Court or the High Court. But, if no such claim
is made for some reason, then that does not disentitle a person from raising such a claim
before the Supreme Court. JJ Act is a beneficial legislation and a technical plea (like delay in
making the claim of juvenility) would not disable a person from making a claim under the
Act. But, the burden of proof, for making out a prima facie case for directing an inquiry into
the plea of juvenility, rests on the person who makes such a claim.
6. Sampurna Behura v. Union of India & Ors. [Writ Petition (Civil) No. 473 of 2005]
This case was primarily related to the implementation of the Juvenile Justice (Care and
Protection of Children) Act, 2000, and Juvenile Justice (Care and Protection of Children) Act,
2015 (“JJ Act, 2015”). The court observed that the children are the future of our country and
they must be looked after. So, it issued several directions to ensure proper implementation of
the JJ Act, 2015: Central and State Governments must ensure that all the vacancies in the
National Commission for Protection of Child Rights (NCPCR) and State Commissions for
Protection of Child Rights (SCPCR) are filled for the effective functioning of these statutory
bodies. State-Level Child Protection Societies and District Level Child Protection Units
should take assistance from NGOs and civil society for proper implementation of the JJ Act.
State Government must ensure the filling up of all the positions in the Juvenile Justice Boards
(JJBs) and Child Welfare Committees (CWCs). JJBs and CWCs must have regular sittings to
ensure that there is no backlog of inquiries and children in need of care & protection are
being taken care of. National & State Commissions for Protection of Child Rights must take
up studies on various societal issues so that the State Government can take remedial steps on
those issues. State Governments must appoint the necessary number of Probation Officers for
the effective implementation of the JJ Act, after getting reports from the NCPCR and
SCPCRs. Special Juvenile Police Units must be set up so that the police can effectively fulfill
their role as the first responder on issues arising out of offences committed by or against
children. National & State Police Academies must consider including the topics related to
child rights in their curriculum. State Governments were advised to ensure that all the Child
Care Institutions (CCIs) are registered so that the issues of missing children & trafficking are
addressed. Eminent Persons from civil society must be appointed as Visitors by State & UT
Governments to monitor & supervise the CCIs. Members of the Juvenile Justice Boards,
Child Protection Societies, District Child Protection Units, and Special Juvenile Police Units
must be given adequate training and sensitization for the proper implementation of the JJ Act.
All the Chief Justices of the High Courtswere urged to consider establishing child-friendly
courts & vulnerable witness courts in each district to deal with inquiries under the JJ Act and
trials under POCSO Act, etc.
7. Abuzar Hossain @ Gulam Hossain v. State of West Bengal [Criminal Appeal No.
1193 of 2006] In this case, the Hon’ble Supreme held that: The claim of juvenility can be
raised even after the final disposal of a case. It can be taken up at any stage and any delay in
making such a claim cannot be a ground for rejection of such claim. The burden of proof for
making a prima facie case supporting the claim of juvenility rests upon the person making the
claim. Production of any of the documents referred to in Rule 12 (3) (a) (i) to (iii) ofJuvenile
Justice (Care and Protection of Children) Rules, 2007,will be sufficient proof to initiate an
inquiry regarding the claim of juvenility. Affidavit of the claimant in support of the claim of
juvenility, filed for the first time in the appellate court,shall not be sufficient to discharge the
burden of proof for initiating an inquiry regarding the claim. The courts must not adopt a
hyper-technical approach while dealing with the plea of juvenility. Frivolous claims of
juvenility must be rejected.
8. Anjum Abdul Razak Memon vs State of Maharashtra, Through STF, CBI Mumbai
[Criminal Appeal No. 1178 of 2007] In this case, one of the primary issues before the Court
was, whether the JJ Act of 2000 prevails over TADA Act, 1987. Both these statutes provide
that they will have an overriding effect over any other law in force.The Hon’ble Supreme
court observed that the JJ Act aimed to have an overriding effect over laws that were in force
on the date of its enactment. TADA had been repealed long back and was not in force when
the non-obstante clause was added to the JJ Act. So, the court held that the JJ Act, 2000
would not have an overriding effect on TADA.
9. Jarnail Singh v. State of Haryana [Criminal Appeal no. 1209 of 2010] In this case, the
court held that for the determination of the age of a minor, a reference must be made to Rule
12 of the Juvenile Justice (Care & Protection of Children) Rules, 2007. Furthermore, it
observed that even though the procedure mentioned under the aforesaid rule is meant only to
determine the age of a child in conflict with the law, it can even be used for determining the
age of a child who is a victim of a crime.
10. Salil Bali v. Union of India & Anr. [Writ Petition (C) No. 10 of 2013] In this case, the
petitioners had prayed the court to strike down the provisions of Section 2 (k) of the JJ Act,
2000. This section definesa Juvenile/Child, as a person who has not completed the age of 18
years. The Hon’ble Supreme Court discussed the rationale behind the said age limit and
observed that the age of 18 had been fixed based on the understanding of experts in child
psychology and behavioral patterns. So, the court dismissed the appeals by noting that no
interference was necessary with the provisions of the JJ Act, 2000 till sufficient data is
available.
11. Shabnam Hashmi v. Union of India & Ors. [Writ Petition (Civil) No. 470 of 2005] In
this case, the Hon’ble Supreme Court held that due to conflicting viewpoints prevailing
between different communities in the country, it was not an appropriate time to declare the
right to adopt and the right to be adopted as fundamental rights encompassed by Article 21 of
the Constitution.
12. Dr.Subramanian Swamy & Ors. v. Raju Thr. Member Juvenile Justice Board &
Anr. [Criminal Appeal No. 695 of 2014] In this case, the appellant contended that the
provisions of the JJ Act, 2000 (specifically, Sections 1 (4), 2 (k), 2 (l), and 7) must be read
down to mean that juveniles who are mature enough to understand the consequences of their
acts and who commit heinous crimes, must not come under the provisions of the JJ Act. The
Hon’ble Supreme Court observed that ‘reading down’ the provisions of an Act cannot be
resorted to when the meaning of those provisions is plain & clear. There is no difficulty in
understanding the meaning of the provisions of the JJ Act. The Act has put all persons below
the age of 18 in one class/ground to provide a separate scheme of investigation, trial, and
punishment for offences committed by them. So, the court does not need to read down the
provisions.
13. Parag Bhati (Juvenile) through Legal Guardian - Smt. Rajni Bhati versus State of
Uttar Pradesh & Anr. (Criminal Appeal No. 486 of 2016) In this case, the court held that
where any of thedocuments mentioned in Rule 12 (3) (a) (i) to (iii) of Juvenile Justice (Care
and Protection of Children) Rules, 2007 are submitted in support of the claim of juvenility,
then that must be considered to be conclusive proof of the date of birth of the accused. But, if
there is a doubt and the accused is taking a contradictory stand, then the court could order an
inquiry for the determination of the age of the accused. Such inquiry could include a medical
examination.
Conclusion:
The Hon’ble Supreme Court has delivered a catena of judgments on the subject of Juvenile
Justice and Child Rights, interpreting and moulding the law of the land in favour of the
Children in Conflict with Law.The Legislature has also done a commendable job by
standardizing the law on this subject. Now, the primary task in front of us is to ensure the
proper implementation of the law that has been laid down by the courts and the legislature.
After all, as Hon’ble Justice S. Ravindra Bhatt said in one of his addresses, the true equity,
and justice of the society is how fairly it treats its children.
UNIT-III
Question:1 Physically and Mentally Disabled Orphans, Destitute, Vagrants
Answer:
Point-1 Physically and Mentally Disabled
Disability - as a form of inequality An inability to efficiently cope up with the day to day
activity can be referred as disability. It is impairment may it be physical,mental, cognitive,
sensory or emotional restricting individual in its daily routine. Generally disability is often
replaced by the use of the term handicapped or challenged. There are also terms used like
differently able than disabled especially in terms of mental disability.We are broadly
classifying the disabled as physical and mental disability
Physical disability- visual, auditory and orthopaedic: A person who is unable to perform
normal physical activity inthe day to day life due to some impairment is called physically
disabled. It is further divided into three types based on the reformity in a particular organ.
Those with deformity of vision are called blind or visually disabled. Individuals with problem
of hearing come under the category of auditory disabled or dumb. Those with loss or
deformity of limbs are called orthopedically disabled. In India, of all the disabled there are
around 49% who are blind, 13% are deaf and dumb, 28% has orthopedic disability.
Malnutrition, ignorance and inefficient medical faculties are major causes for physical
disability in our country.
Visual disability: A person whose vision is totally or partially lost vision is 6/60 or less are
called blind or visually disabled. Blindness is a major disability amongst all forms in India.
Deafness/Hearing Impairment:
1) Cataract: In spite of mass awareness programmes conducted and easy treatment for
cataract, it is one of the major reason for blindness in India. It is associated with old age and
can be easily cured with a simple surgery or laser treatment.
2) Glaucoma: Pressure on the cornea leads to this kind of disease which might lead to partial
or complete blindness.
3) Trachoma: It’s a poisonous kind of conjunctivitis that is causeby bacteria. If not treated
immediately can cause spread of the disease as well as loss of eye sight.
4) Night blindness and colour blindness: Lack of vitamin Acauses night blindness that is loss
of vision after sun set and lackof nutrients and genetic disorder can cause colour blindness.
5) Accidents: Eyes are one of the most delicate body organs.Injury of any kind to the cornea
or retina can be dangerous to the eyesight.
6) Other diseases: Hyper tension, diabetes or stroke can be the cause for partial or complete
blindness.
Mental disability- Levels and types of mental disability: When a person loses the capacity to
think independently and rationally, whose intellectual levels are not developed then theperson
is called mentally disabled. Individuals with an intelligent quotient (IQ) of less than 70 can be
considered as a mentally retarded or mentally disabled.
Levels of mental retardation: On the basis of the IQ levels of an individual the mental
retardation is analysed at four different levels.
1) Mild mental retardation- An individual whose IQ is between 50-70 is called mild
mentally retarded. These children can complete their primary level of education comfortably
but have problems of concentration and analytical ability is also very low.
2) Moderate mental retardation- Individual with an IQ between 35-50 is called moderate
mentally retarded. They can’t take upformal education and needs support of their family
members to do their daily chores. They can be made independent with some basic technical
skills and can be made self-reliant in their own health and safety.
3) Severe mental retardation- Persons with an IQ of 20-35 are severely mentally retarded.
4) Profound mental retardation- Individual with an IQ lower than 20 are profound mentally
retarded. They can’t be kept at home and need intensive treatment at an asylum or mental
hospital.
Types of mental retardation- There are several types of mental retardation or mental
disability. Down’s syndrome – It is a genetic disability in which there is a problem in the 21st
pair of chromosomes. Autism- The part of the brain dealing with communication is damaged
then it can lead to autism. Eye to eye contact,conversation and sometimes even basic motor
abilities get affected. Psychosis and neurosis- Split personality, hallucination, and
schizophrenia are all types of this disorder.
Treatment and Welfare Measures Psychological counselling, behavioural therapy,
occupational therapy can all help the patient to lead a normal like. Special schools and shelter
homes provide them skills in art, handicrafts other technical skills that enable them to be self-
sufficient and confident. Training in social adjustment through skills for safety,security and
hygiene make them more acceptable and adaptable in the family and society. A disabled may
it be physical or mental should not be considered as a burden to the family or society. By just
giving sympathy is not going to solve their problems. Helping them to be respectable and
self-reliant members of the society should be our aim. Providing them with educational and
occupational opportunities should be at the helm of all policies and programmes by the
government. NGOs can play a very constructive role in prevention and cure of disability by
joining hands with medical Support.

Declaration on the Rights of Disabled Persons

The General Assembly ,

Mindful of the pledge made by Member States, under the Charter of the United Nations to
take joint and separate action in co-operation with the Organization to promote higher
standards of living, full employment and conditions of economic and social progress and
development,

Reaffirming its faith in human rights and fundamental freedoms and in the principles of
peace, of the dignity and worth of the human person and of social justice proclaimed in the
Charter,

Recalling the principles of the Universal Declaration of Human Rights, the International
Covenants on Human Rights, the Declaration of the Rights of the Child and the Declaration
on the Rights of Mentally Retarded Persons, as well as the standards already set for social
progress in the constitutions, conventions, recommendations and resolutions of the
International Labour Organisation, the United Nations Educational, Scientific and Cultural
Organization, the World Health Organization, the United Nations Children's Fund and other
organizations concerned,

Recalling also Economic and Social Council resolution 1921 (LVIII) of 6 May 1975 on the
prevention of disability and the rehabilitation of disabled persons,

Emphasizing that the Declaration on Social Progress and Development has proclaimed the
necessity of protecting the rights and assuring the welfare and rehabilitation of the physically
and mentally disadvantaged,

Bearing in mind the necessity of preventing physical and mental disabilities and of assisting
disabled persons to develop their abilities in the most varied fields of activities and of
promoting their integration as far as possible in normal life,

Aware that certain countries, at their present stage of development, can devote only limited
efforts to this end,

Proclaims this Declaration on the Rights of Disabled Persons and calls for national and
international action to ensure that it will be used as a common basis and frame of reference
for the protection of these rights:

1. The term "disabled person" means any person unable to ensure by himself or herself,
wholly or partly, the necessities of a normal individual and/or social life, as a result of
deficiency, either congenital or not, in his or her physical or mental capabilities.
2. Disabled persons shall enjoy all the rights set forth in this Declaration. These rights
shall be granted to all disabled persons without any exception whatsoever and without
distinction or discrimination on the basis of race, colour, sex, language, religion,
political or other opinions, national or social origin, state of wealth, birth or any other
situation applying either to the disabled person himself or herself or to his or her
family.
3. Disabled persons have the inherent right to respect for their human dignity. Disabled
persons, whatever the origin, nature and seriousness of their handicaps and
disabilities, have the same fundamental rights as their fellow-citizens of the same age,
which implies first and foremost the right to enjoy a decent life, as normal and full as
possible.
4. Disabled persons have the same civil and political rights as other human beings;
paragraph 7 of the Declaration on the Rights of Mentally Retarded Persons applies to
any possible limitation or suppression of those rights for mentally disabled persons.
 5. Disabled persons are entitled to the measures designed to enable them to become as
self-reliant as possible.
6. Disabled persons have the right to medical, psychological and functional treatment,
including prosthetic and orthetic appliances, to medical and social rehabilitation,
education, vocational training and rehabilitation, aid, counselling, placement services
and other services which will enable them to develop their capabilities and skills to
the maximum and will hasten the processes of their social integration or reintegration.
7. Disabled persons have the right to economic and social security and to a decent level
of living. They have the right, according to their capabilities, to secure and retain
employment or to engage in a useful, productive and remunerative occupation and to
join trade unions.
8. Disabled persons are entitled to have their special needs taken into consideration at all
stages of economic and social planning.
9. Disabled persons have the right to live with their families or with foster parents and to
participate in all social, creative or recreational activities. No disabled person shall be
subjected, as far as his or her residence is concerned, to differential treatment other
than that required by his or her condition or by the improvement which he or she may
derive therefrom. If the stay of a disabled person in a specialized establishment is
indispensable, the environment and living conditions therein shall be as close as
possible to those of the normal life of a person of his or her age.
10. Disabled persons shall be protected against all exploitation, all regulations and all
treatment of a discriminatory, abusive or degrading nature.
11. Disabled persons shall be able to avail themselves of qualified legal aid when such aid
proves indispensable for the protection of their persons and property. If judicial
proceedings are instituted against them, the legal procedure applied shall take their
physical and mental condition fully into account.
12. Organizations of disabled persons may be usefully consulted in all matters regarding
the rights of disabled persons.
13. Disabled persons, their families and communities shall be fully informed, by all
appropriate means, of the rights contained in this Declaration.

Orphans:

The Legal Rights of Orphan Children in India

introduction: India is the second largest country in terms of population and 7th largest in
terms of area. Here according to UNICEF there are around 29.6 million orphan children and
after the covid 19 pandemic the number only rose. This number is very huge, and it amounts
to four per cent of the youth population. Out of these 29.6 millon orphan children only
4,00,000 children are being cared for in institutional care, the rest of them are by themselves.
This is why most of them are vulnerable and can easily be pushed ibto crimes and human
trafficking. The saddening part about this is that no one cares for them, therefore, no one
would even look for them when they go missing, and their cases will never be investigated by
the police. This makes them the most easily exploited and vulnerable group. This calls for
utmost stringent laws for their social and physical security. \
If we see globlally, India has the largest number of orphan children living in institutional
care, there are around 9,500 child care institution housing 4,00,000 orphan children. After
india ratified the UN convention on the rights of the child, changing the way we care india
macarthur foundation’s bold solutions networks is primarily foucused on preventing the
separation of children form their respective families and institutionalization of the orphaned
children, using a family- strengthening approach. The organization is primarily active in the
state of odisha.
Existing Legal Rights of Orphan Children

An orphan child is a human being first and then anything else. He shall be guaranteed all the
fundamental rights under part III of the constitution, like the right to life, equality, education,
freedom of speech and expression, right against exploitation, right to constitutional remedies,
etc. In addition to this, as this orphan child is a vulnerable section of society, the law tries to
provide him extra legal rights for his equal protection and sustenance in society.

The legal rights of an orphan child are no less than a normal child with parents. Apart from
the protection given to orphans by virtue of Fundamental rights, the legislature has enacted
special statutes and some of the existing legal rights of orphans in India are:

1. Right To Live in a Safe Environment:

It has to be ensured that the place they are living is safe for them, for this purpose, the
Orphanages and Other Charitable Homes (Supervision and Control) Act, of 1960 was
enacted. It primarily dealt with the constitution of a board by the State Governments to
supervise and control orphanage homes under section 5. It also construes the fact that the no
orphanage come shall not be run without obtaining a certificate from the Board under section
13. It shall be in the power of the board to grant it or not under section 15. The board can also
revoke this certificate for the reason that the conditions as prescribed in the certificate are
being violated or that the conduct of the board is unsatisfactory and unsuitable under section
17.

2. Right To Be Protected Under The Juvenile Justice Act, 2015

In the case of the exploitation of Children in Orphanages in the State of T.N., In re it was held
that the Juvenile Justice Boards aren't silent spectators and they can pass orders even when a
matter hasn't come before them. They should take note of the situation if it comes to their
knowledge that a child has been detained in the judicial prison or police prison. It is the duty
of the Juvenile Justice Boards to ensure that the child is immediately released on bail or he is
sent to an observation home or a place of safety. The Act cannot be flouted by anybody, least
of all the police.
The act also provided for certain principles under section 3 to be followed while
administering the act like Principle of presumption of innocence, Principle of presumption of
innocence, Principle of best interest, Principle of best interest i.e. the primary responsibility
of care, nurture, and protection of the child is of the biological family or adoptive or foster
parents, Principle of safety, Positive measures, Principle of non-stigmatising semantics,
Principle of non-waiver of rights i.e. No waiver of any of the right of the child is permissible,
Principle of equality and non-discrimination, Principle of right to privacy and confidentiality,
Every child shall have a right to protection of his privacy and confidentiality, by all means
and throughout the judicial process, Principle of institutionalisation as a measure of last
resort, Principle of repatriation and restoration with his family at the earliest, Principle of
fresh start, Principle of diversion, Principles of natural justice. Section 8 ensures that the
child's rights are protected at all times during the inquiry, aftercare, and rehabilitation.

Right To Be Protected Against Human Trafficking Originally the immoral traffic

(Prevention) Act, of 1956 was enacted by the legislature for the protection of women and
girls it was called the Suppression of Immoral Traffic in Women and Girls Act, and it
aimed mainly at protecting girls that were being forced into this. However, later on, the
word women and girls was changed to human beings in the Act.

4. Right To Free And Compulsory Education The Orphan and also any other normal
child below the age of 14 years have the right to compulsory education and this right is
free of any cost. This Free education is guaranteed to them by the state under article 21-
A. The same right is also protected under section 3 of the Right of Children to Free and
Compulsory Education Act, 2009.

5. Right To Be Protected Against Child Labour An Orphan or any other child below the
age of fourteen years has to be protected against child labour except helps his family or
family enterprise and works as an artist in an audio-visual entertainment industry,
including an advertisement, films, television serials, or any such other entertainment or
sports activities, but not the circus, this is subject to the fact that the child's education is
not affected by these exceptions. This is protected under the Child and adolescent labour
(prohibition and regulation) act of 1986.

6. Right Against Sexual Exploitation: The Right against sexual exploitation is guaranteed
under Article 21, which is the right to life and personal liberty. But the same wasn't
enough, so the Protection of Children from Sexual Offences (POCSO) Act, 2012 was
enacted by the legislature. The act classifies the different types of sexual assault, like
penetrative sexual assault and aggravated sexual assault, and provides rigorous
imprisonment for the same, and such a fine is imposed that can be used for taking
corrective measures for the victim.

Future Steps to be taken in India to Protect the rights of Orphans

The Orphan Child (Provision for Social Security) Bill talks about the social security of
orphans. The Bill, for the first time, introduces the survey of orphans that should be done
every ten years, and their social-economic, demographic data, etc. be published, this
way, it will also act as a checking procedure and might also encourage people to adopt
them.

Section 4 of the Bill talks about orphans' reunion with parents, a robust system of
institutional care, universalizing the Cradle Baby Reception Centre scheme and its
mandatory inclusion in every public health centre in the country, training & capacity
building to health workers so that they can cater to the complex psychosocial needs of
orphan children, specialized attention to orphan children suffering from vulnerable
diseases, etc. it emphasizes the creation of a fund for orphan children by the central
government under section 6 of the Bill.
Section 8 of the bill focuses on creating foster homes, whereas section 10 talks about the
state government being provided with funds to complete the actions stipulated under this
act. This bill if turned into an act and if implemented effectively, has the potential to do
wonders for orphan children , and they might never feel as neglected as a minority.

Schemes for the Orphan Children

Let us look at some of the schemes that the government has launched for the benefit of
orphan children:
Prime Minister Shri Narendra Modi, on 29th May 2021 launched the PM Cares for
Children Scheme for comprehensive support of children who lost both of their parents
due to the COVID-19 pandemic.

The Ministry of Women and Child Development is working on a nationwide Child

Protection Services (CPS) Scheme, aimed at providing institutional care to Children in
need of care and protection (CNCP) and Children in Conflict with the Law. It also aimed
at providing non-institutional care and support like adoption, foster care, and
sponsorship. Under this scheme, the maintenance granted for children in homes was Rs
2160/- per child every month. The Scheme was run by the States/UTs and funded by the
Central Government.

The scheme of assistance to voluntary organizations for homes (shishu greh) for infants
and young children for promoting in-country adoption was being launched by the Central
Adoption Resource Agency, Ministry of Social Justice and Empowerment. The Scheme
aimed to provide homes within the country to children who become destitute at a very
early age and to promote In-country adoption. It was also supervised by the Central
Adoption Reserve Agency (CARA). The scheme helped in providing 90% of the cost
under approved norms to build homes where the minimum number of orphans is 10
between the age group of 0-6 years.
When Covid-19 Pandemic hit, as many as 10,878 children lost their parents. The
National Commission for Protection of Child Rights (NCPCR), in furtherance of its
function as a monitoring authority under section 109 of the Juvenile Justice Act, 2015
was ordered to set up a portal called the "Bal Swaraj" where the data about the number of
orphan children, abandoned children and children with a single parent was uploaded.
Thereafter, NCPCR continuously tracks all the children who lost their parents (either one
or both) for any reason and the children who have been abandoned after 1st April 2020.
Conclusion:
What we are doing for the orphan children is good, but not good enough because our
resources are insufficient to provide for those 29.6 million children in India. Around 29
million are not living in any childcare institution, not getting any form of education and
care. Orphans have no one to care for them, if something happens to an orphan child,
nobody will be concerned. NGOs and child welfare agencies cannot handle the load of
caring for such a huge number of orphan children. We would need to get them adopted if
we want them to rise from the dust they are living in.
Destitute:
Introduction:
Children constitute the most vulnerable section of society and are considered a supremely
important asset of our nation. Safeguarding the rights of our children is the primary
responsibility of each and every individual member of the society. Besides the co-ordination
and co-operation amongst the different Child Line Departments of the state and Central
Government, the responsibility need not be fixed to only one category, community or group.
It is therefore, incumbent on us to work towards ensuring security to children during their
childhood days. Any child who is not getting proper care even if his/her parents are alive, e.g.
father is a criminal and is in jail and mother is not well so there is no one to take care of the
child, so the child will be called as destitute child. Quite a substantial portion of our
population is economically deprived and socially incapacitated. Therefore, children are
always in need of protection within the conditions under which they live. Destitution is an
economic, social and political phenomenon. The very poorest of the poor people are destitute
and are socially expelled. For survival, each human being requires income or transfers of
food, clothing and medicine. Majority of destitute acquire these resources from begging and
various types of dirty labour work that are rejected by the casual wage labour force. They
also involved in theft and worked in the illegal distribution of legal and illegal goods such as
hard drugs. Especially for elderly destitute and disabled people, orphaned and abused
children, mentally ill, etc. begging is the only option. Children are increasingly becoming
destitute and orphans as parents lose their lives to AIDS, a devastating consequence of
substance abuse. Children subjected to violence, exploitation, abuse and neglected are at risk
of shortened lives, poor parenting skills later in life, homelessness, vagrancy displacement.
Conversely, successful protection increases a child’s chances to grow up physically and
mentally healthy, confident and self respecting and less likely to abuse or exploit others,
including his or her own children. The Vision envisaged in the constitution of India of a
happy, healthy, joyful and literate childhood seems to be distant dream in the contemporary
status of children in India. In Manipur, the Department of Social Welfare, Government of
Manipur has made significant contributions in the last decade in assuring children their rights
to survival, protection, development and participation. Despite the efforts many children are
still forced into a life of drudgery and labour. And a lot more is still required to be done to
improve the status of our children to acceptable levels. Hence, there is a need of study on
destitute children in the children Homes of Manipur. So, the present venture has been made
to study on destitute children in the Children Homes of Imphal-West District.

Destitute child: The definition of destitute child has been given in section 2(d) of the
destitute children (rehabilitation and welfare) bill as: (d) "destitute child" means a child who
is an orphan or neglected or has been abandoned or is a vagabond and who lives on pavement
or in a hutment or slum or railway platform or bus stop or such other place;

Causes of Becoming Destitute Child:

While studying the causes of becoming destitute child, it was found that 23 % of destitute
children were resulted from broken families. - 18 % either both parents or one of the parents
died of AIDS. - 21 % were resulted from extremely poor and helpless single parent i.e. one of
the parents is not alive or both parents are alive but due to extreme poverty and helplessness
they cannot afford their child and finally they are kept in the Destitute Homes. - Another 18
% either both the parents or one of the parents died of illness other than AIDS such as
drinking, heart attack, cancer or some unknown diseases. - 9 % insurgency problems was the
cause of their destitution (either because the parents were killed by the underground people
(UG) or father joined UG and left home and mother died of diseases or mother stayed at her
paternal house and so on. - 8 % either the parent(s) died in an accident or committed suicide.
- And 3 % were abandoned by their parents just after birth so they became destitute

Educational Facilities of the Destitute Children:

On being enquired about the Educational facilities of destitute children provided by the
Children Homes, it was found that 90 % respondents are satisfied with the educational
facilities provided by the Children Home while the remaining 10 % feel the need to change
the Educational facilities. - 76 % of the children are sent in the Government schools and the
rest 24 % are sent in the Private schools. Those studying in the Government schools
expressed their desire to study in the Private schools as Private schools are far better than the
Government school. - Cent percent of the children are given private coaching by the entire
Homes. Only those children of the higher classes who are academically sound are sent to
specialized teachers for private coaching outside the Homes. - 100 % respondents are given
sufficient time for studies, home – assignments and special programmes on Sundays/holidays
are also arranged for them and are given facilities for recreation, games, sports, watching T.V
etc. - 57 % of the children got the opportunity to play and mingle with children of the locality
while the remaining 43 % did not get their opportunity. - 55 % received vocational training
programmes which would be helpful in generating an income in their future life while
remaining 45 % did not received vocational training programmes

Fooding Facilities of the Destitute Children:

While studying the fooding facilities of the destitute children in the Children Homes, it was
found that 95 % of the children considered the fooding facilities satisfactory while the
remaining 5 % responded negatively. - 100 % said that they are given meals 2 times in a day
and also provided breakfast in the morning before going to school and tea in the evening after
returning back from school. While studying the fooding facilities of the destitute children in
the Children Homes, it was found that 95 % of the children considered the fooding facilities
satisfactory while the remaining 5 % responded negatively. - 100 % said that they are given
meals 2 times in a day and also provided breakfast in the morning before going to school and
tea in the evening after returning back from school.

Clothing Facilities of the Destitute Children:

While studying about clothing facilities of the destitute children in the Children Homes, it
was found that 90% are satisfied with the clothing facilities provided by the Children Homes
and they are also provided with proper school uniforms and sufficient warm clothes for
winter and they have nice clothes for festivals while the remaining 10 % responded
negatively to the above queries. - 100 % of destitute children told that they were taught to
mend and stitch their own clothes. - 97 % said that they wash their own clothes and the
remaining 3 % being very small, their clothes are washed by the care-takers.

Health Care System of the Destitute Children:

While studying the health care system of the destitute children, it was found that 76 % are
satisfied with the health care system provided by the Children Homes and they also received
proper treatment and medication when they fall ill while the remaining 24 % desired for
improving the health care system and they want better treatment and medication when they
fall ill.
Conclusion:
Broken families created the highest number of destitute children. This implies that the marital
bonds/ relations in the society are degrading. Poverty and helpless single parent ranks second
in creating a large number of destitute children. This implies that the financial conditions of
the single parent are extremely weak to afford their own children. AIDS is dreadful sexually
transmitted diseases which kills the lives of many parents thus leaving their children as
destitute. Another important casual factor for destitute children is that either both the parents
or one of the parents died of illness other than AIDS such as drinking, heart attack, cancer or
some unknown diseases. Insurgency problems is another for child destitution where the
parents were killed by the underground people (UG) or father joined UG and left home and
mother died of diseases or mother stayed at her paternal house. Another factor responsible for
child destitute is that parent(s) died either by accident or committed suicide. The poor parents
(daily wages earners) in their venture to earn their livelihood, they met accident and died.
Some parent(s) committed suicide due to lost of mutual trust and relationship and
overburdened by the family problems. Abandoned by parents just after birth leads to child
destitution rarely. Regarding educational facilities, majority of the children are sent in the
Government schools and they expressed their desire to study in the Private schools as Private
schools are far better than the Government schools. All the Children of Homes are first sent
in the Government schools. If they are good in their academic performance then they are sent
to Private schools. If the children are not doing well in their studies then they are again sent
back to the Government schools. This technique serves as a kind of motivation among the
children to do their studies well. All the Homes arrange private coaching for all the children
by maintaining paid tutors. But arrangement of subject expert teachers inside the Homes is
not seen as it is very expensive. Some of the Destitute Home allowed the children to play
within the premises of the Home only. These children expressed their desire to play and
mingle with children of the locality in the local playgrounds. Vocational training programmes
are not arranged in some of the Homes. Children in these Homes expressed their desire to
undergo vocational programmes which would help them to generate an income in their future
life. Regarding fooding facilities, almost all the respondents are satisfied with the fooding
facilities that are being provided by the Homes. Only a few children expressed their desire for
better fooding facilities. Almost all the children in the Destitute Homes are satisfied with the
clothing facilities provided to them. Only a few children face some inconveniences which
should not be neglected. Majority of the destitute children are satisfied with the health care
system provided by the children Homes but some of them expressed the need for improving
the health care system with better facilities.
Vagrants:
Vagrancy is a term to describe the criminalisation of poverty. An adult convicted of vagrancy
could have their children committed to the state under child welfare legislation. In the 1800s,
vagrancy was an offence whereby people could be imprisoned for being without visible
means of support. After 1864, laws authorised the transfer of 'neglected children' into care if
they lived with an adult convicted of vagrancy. The 1954 Children's Welfare Act judged that
a child who 'lives or resides or wanders about with vagrants could be deemed to be a 'child in
need of care and protection'.
Question:2 offences committed by children and reason
Answer:

Introduction
In India, juvenile crime is a grim reality. A juvenile is a child who has not reached the age at
which they may be held accountable for their criminal activities in the same way that an adult
can. When referring to a young criminal offender, the term juvenile is used. As a result, a
juvenile is a child who is accused of doing certain acts or omissions that are illegal and have
been classified as such by penal laws. Juveniles have recently been proven to be involved in
the most terrible crimes, such as murder and gang rape. Although the causes of criminal
conduct in children are complicated, delinquency is fairly foreseeable early in the lives of
certain youngsters. Many experts feel that the current law is insufficient to cope with the
problem and that it has to be changed so that minors can be prosecuted and sentenced as
adults for severe crimes. However, there are opposing viewpoints that do not share this
thought. This article aims to discuss juvenile crimes in the Indian context.

Juvenile crime : an analysis 

In India, child crime is classified as a juvenile crime. That is, delinquent acts committed by
children under a specified age are classified as child crimes. However, the question of who
should be referred to as a child emerges. Is there a minimum or maximum age requirement
for this? Children of various ages have been labelled as child criminals in India. In India, for
example, a child must be 14 years old to be declared a criminal, with the maximum age of the
same being 18 years. As a result, no general assumptions about the minimum and maximum
ages of juvenile offenders exist. Child crime is clearly defined as a crime committed by
minors under a certain age. “Child in conflict with law” has been defined under Section 2
(l3) of the Juvenile Justice (Care & Protection of Children) Act, 2015 as a child who is
alleged or found to have committed an offence and has not completed eighteen years of age
on the date of commission of such offence.

Several minor and serious crimes, including theft, burglary, snatching, robbery, dacoity,
murder, and rape, are perpetrated on a regular basis throughout India, and the awful fact is
that all of these crimes are perpetrated by youngsters under the age of eighteen. There is also
a trend among minors that those between the ages of 16 and 18 are more likely to be involved
in terrible criminal crimes. According to statistics from the National Crime Records Bureau,
of the 43,506 offences perpetrated against children under the Indian Penal Code (IPC),
1860 and the Special Local Law (SLL) by juveniles in 2019, 28,830 were committed by
individuals of the aforementioned age range.
Symptoms of a child offender

In India, authorities charged 27,936 minors in 2012 for their involvement in major crimes

such as banditry, murder, rape, and rioting. According to NCRB data, two-thirds (66.6
percent) of individuals who appeared before JJB (Juvenile Justice Boards) in 2012 were
between the ages of 16 and 18. Further, 30.9 percent of those surveyed were between the ages
of 12 and 16, while the rest (2.5 percent) were between the ages of 7 and 12. There was a 143
percent rise in the number of minor rapes from 2002 to 2012. It also indicated that the
number of murders has increased by 87 percent, while the number of women and girls
kidnapped by juveniles has increased by 500 percent.

However, between 2007 and 2012, the number of serious crimes like rape and murder
perpetrated by juveniles accounted for just 8% of all crimes committed by minors. Petty
crimes such as stealing, burglary, and inflicting harm account for 72 percent of all crimes
committed by juveniles. Taking into note the increasing graph of juvenile crimes in India, it
is necessary to be well familiar with the symptoms being evident to show which child has an
inclination towards becoming an offender or is already one. The symptoms that can
be summarized from various researches and studies, responsibly defining a child offender,
have been laid down hereunder: 

1. In many cases, a juvenile’s bodily structure is healthy, and a healthy body is

powerful and courageous.
2. They are naturally restless, introverted, and disruptive.
3. They have an unethical, highly emotional, egotistical, and self-centred nature.
4. They are myopic, oblivious to the repercussions of their actions.
5. Child offenders are more likely than other youngsters to have a psychotic
condition.
6. In child criminals, there is a lack of healthy id, ego, and superego equilibrium.
7. They are frequently irritated, disappointed, and melancholic.
8. They disobey norms, go against the power, break the law, and have a tendency to
be untrustworthy.
9. They have no pre-planned solution to any difficulty that their culture has thrown at
them.
10. In the majority of cases, they don’t talk to their relatives and families about their
problems.

Types of juvenile crimes in India

Juvenile crimes manifest themselves in a range of conduct or behaviours. Each pattern has a
distinct social setting. According to Yamini Abde, a child rights campaigner, one of the
driving motivations behind children being involved in horrible crimes like rape and murder is
the desire to do something new, brave, unique, and thrilling. Peer pressure, a need for quick
cash, and easy access to crime and pornographic images on the internet increased hostility
and sexual activity among teenagers, as well as the awareness that they will not face criminal
charges since they are minors, are also catalysts in the process of building a child offender.
The lack of fear of punishment has resulted in an increase in the rate of criminality among
minors. Howard Becker, in 1966, identified four categories of juvenile delinquency, namely,
individual, group-supported, organised, and situational delinquency.

Individual juvenile crimes

1. Individual delinquency refers to all delinquent activities undertaken by a juvenile

on his or her own. The source of the problem is found inside the criminal
themself. Psychiatrists claim that they are the result of psychological issues. The
primary cause of these psychological issues is dysfunctional and unhealthy
familial contact patterns. The psychiatrists compared the delinquent siblings to
their non-delinquent siblings and discovered that the most prevalent reason for
committing such crimes was that they were unhappy and dissatisfied with their
living conditions. 
2. They engage in delinquent behaviour in the first place to attract attention from
family or peers.
3. Others conduct delinquent activities in order to alleviate their guilt. Psychiatrists
also discovered that delinquents varied from non-delinquent in their relationship
with their dads, rather than with their mothers. In addition, their discipline was
stricter and more severe.

Circumstantial child crimes

1. The core reasons for situational delinquency are not well understood. As a result,
regulating such delinquent behaviours is easier than controlling other forms of
delinquencies.
2. Circumstantial delinquency offers a unique viewpoint. The notion is that
delinquency is not deeply established and that the motivations for delinquency and
the methods for reducing it are frequently straightforward. Because of less
developed impulse control and/or lower reinforcement of familial limitations, a
young individual engages in delinquent conduct without a profound commitment
to delinquency, and because they stand to lose relatively little even if detected. 
3. One researcher who mentions this form of delinquency is David Matza. The idea
of circumstantial delinquency is underdeveloped and is not given much weight in
the debate over delinquent causation. It is meant to complement rather than replace
other kinds.

Organized child crimes

 1. Organized child crimes are formally structured organisations that commit
organised delinquencies. This refers to a system of principles and conventions that
drive young people’s behaviour when they exhibit delinquent behaviours.
2. In the 1950s, these delinquencies were studied in the United States, and the
term “delinquent sub-culture” was coined. This notion refers to a system of
principles and norms that drive group members’ conduct in order to stimulate the
performance of delinquent activities, grant status based on such acts, and define
typical connections for those who fall outside of the groups defined by group
norms.

Group supported child crimes

1. Delinquencies are committed in this sort in the company of others, and the cause is
found not in the individual’s personality or in the delinquent’s family, but in the
culture of the individual’s home and neighbourhood. 
2. This sort of delinquency is discussed in Thrasher, Shaw, and McKay’s research.
According to research, the majority of young children who turned delinquent did
so as a result of their affiliation and companionship with other delinquents.
3. Unlike psychogenic theories, this group of concepts focuses on what is learned and
from whom it is learned, rather than the difficulties that may lead to delinquency
motivation.

Reasons behind juvenile crimes in India

No one is born with the potential to be a criminal. Circumstances have shaped them into who
they are. The socio-cultural environment, both within and outside of one’s household, has a
big influence on one’s life and general personality. The causes of juvenile crimes, according
to Healy and Bronner, are bad company, adolescent instability and impulses, early sex
experience, mental conflicts, extreme social suggestibility, love of adventure, motion picture,
school dissatisfaction, poor recreation, street life, vocational dissatisfaction, sudden impulse,
and physical conditions of various kinds. However, in India, it is poverty and the impact of
the media, particularly social media, that encourages youths to engage in illegal activity.
Poverty is one of the leading factors of a child’s involvement in criminal activity. Also, the
current function of social media, which has a more destructive impact on young brains.

Socio-economic reasons

1. Broken homes: 
According to one of Uday Shankar’s research in India, 13.3 percent of the 140 juveniles came
from broken households. Death of one or both parents, chronic sickness or insanity,
desertion, or divorce can all break up a family. Interaction at home is a critical component of
a child’s socialisation.

2. Poverty: 
A substantial percentage of delinquent youngsters originate from low-income families. They
perpetuate their crimes as gang members. According to Uday Shankar’s research, 83 percent
of youngsters originate from low-income homes. Poverty forces both parents to work outside
the home for lengthy periods of time in order to earn their daily bread. There will be no one
to look after the children. Such youngsters may join up with gangsters, either knowingly or
unconsciously, and become criminals.

3. Friends and companions: 

As the child grows older, he/she ventures out into the neighbourhood and joins a playgroup or
peer group. He/ she will very certainly become a delinquent if he/she joins a group or gang
that supports delinquent tendencies. Adolescents also commit crimes as a result of poor
friendships. According to studies, delinquent behaviours are committed in groups. Shaw
examined 6000 youths involved in criminality in his Illinois Crime Survey of 1928. In 90%
of the instances, he discovered that two or more youths were involved in the crime.

4. Beggary: 
Juvenile misbehaviour is frequently caused by beggars. The majority of child beggars
originate from either very impoverished backgrounds or shattered homes. These youngsters
are robbed of their parents’ much-needed love and attention. They realise that the only way to
satisfy their wants and meet their requirements is to engage in deviant behaviour. As a result,
they become delinquents.

Psychological reasons

1. Mental illness: 
According to certain criminologists, there is a strong link between mental illness and crime.
Some studies have looked at teenage patients and discovered that they had a variety of mental
illnesses. Treatment, not punishment, is required for a youngster. Psychopathic personality,
according to some mental therapists, is the root of juvenile crime in India. A psychopathic
child is born into a home where love control and affection are completely absent.

2. Personality traits: 
Personality qualities and a criminal proclivity have also been proven to have a strong link.
Personality is a means for a person to adapt to their circumstances. In this adaptation,
criminal youngsters engage in criminal actions. 

3. Individualized emotional issues: 

Mental health issues and emotional maladjustment are significant contributors to juvenile
crimes. Delinquent youngsters may suffer from feelings of inadequacy and
jealousy. “Delinquency is a revolt and an expression of aggressiveness aimed at damaging,
breaking down, or altering the environment,” according to a psychological perspective. This
revolt is mostly motivated by societal situations that limit an individual’s basic rights and the
fulfilment of their basic necessities. As a result, delinquents are not born delinquents, rather,
they become delinquents as a result of societal conditions and personal flaws.
Need for sensitive handling of the juvenile crime challenge

Currently, a great number of individuals in society are demanding that adolescents between
the ages of 16 and 18 be considered as adults in cases where they have been convicted of
horrific crimes such as rape, gang rape, murder, dacoity, and so on. The reason for the
aforementioned consideration is that in numerous recent events, minors in the 16-18 age
bracket have been proven to be participating in severe crimes, and they are doing so with full
knowledge and maturity. Because of the effect of the internet and social media, children’s
maturity levels have not remained the same as they were 10-20 years ago. A child’s mental
maturity comes early in today’s socio-cultural milieu.

The most essential thing parents can do to preserve their children’s development is to provide
a protective and caring atmosphere in their homes. Several theorists have emphasised the
relevance of protective elements in the family and their good influence on child development
and well-being.

When it comes to the law-holders and state actors to curb the accelerating graph of juvenile
crimes in India, they should be sensitive, careful and friendly with the juvenile delinquent.
Their approach should be a reformative one instead of deterrence, to bring in welfare in the
society.

Cases on juvenile crime in India

While there are some prominent cases that have been listed hereunder and have received
media attention, there remain a plethora of juvenile crime cases in India that remain
undiscovered.

1. December 16, 2012: A girl was abducted, raped, and killed on a moving bus in

south Delhi by a juvenile and his acquaintances.
2. November 29, 2013: In Mayur Vihar, a group of five children who escaped from a
city juvenile home amid riots and burning, murdered a jeweller’s wife and eloped
with 50 kg of silver jewellery and Rs. 10 lakh cash.
3. October 17, 2015: Two youths were accused of rape after kidnapping an infant in
Nangloi.
4. December 24, 2015: Three borderline juvenile gunmen opened fire in a chamber
at the Karkardooma court complex, killing a police officer.
5. February 24, 2016: A 17-year-old boy, released from a juvenile home for ‘good
behaviour’ strangled an elderly woman in south Delhi’s BK Dutt Colony.
6. March 24, 2016: Four minors were found to be involved in a case in which a
doctor was beaten to death in Vikaspuri.
7. April 6, 2016:  Two juveniles allegedly shot an Uber driver in the Mundka area
and fled with the car after dumping the body.
 8. August 29, 2017: Two Bollywood celebrities’ children have been accused of
viciously abusing a classmate, and they are now being investigated by the
authorities. One of these youngsters is an actor’s son, while the other is a
cinematographer’s son.
9. December 22, 2017: A 22-year-old woman has alleged that she was raped by five
people, including four juveniles, in northwest Delhi’s Jahangirpuri area.

Penalties existing for juvenile offenders in India

The Juvenile Justice (Care and Protection of Children) Act of 2000, which brought the
country into line with the Child Rights Convention of 1989, was the most important post-
independence legislation governing juvenile crime. Anyone under the age of 18 was deemed
a minor under this rule, and they were never allowed to stand trial as an adult. This was the
clause that sparked outrage in India following the “Nirbhaya Delhi Gang Rape Case,” an
occurrence that shocked the whole country on December 16, 2012. The Supreme Court had
observed in the case of Gaurav Kumar v. State of Haryana (2015) that the Juvenile Justice
Act of 2000 needed to be reexamined since it had failed to dissuade minors in the country
from committing small as well as grave crimes. The participation of a person under the age of
18 in such a horrible crime as rape and the Apex Court’s perspective, drove the Indian
legislature to pass new legislation, and so the Parliament passed the “Juvenile Justice (Care
and Protection) Act, 2015.” This Act repealed the previous juvenile statutes and made a few
significant amendments. One of the most notable modifications was that if a child between
the ages of 16 and 18 was suspected of committing a terrible crime, they would be tried as
adults.

A “child” is defined as a person who has not reached the age of eighteen, according to
Section 2, sub-section 12 of The Juvenile (Care and Protection) Act, 2015. The term “child”
is divided into two groups under the Act: 

1. “a child who is in confrontation with the law,” and

2. “a child in need of protection and care”

A “child in confrontation with the law” is a child who has committed an offence and is under
the age of 18 at the time of the offence. A “child in need of care and protection,” as described
by Section 14 of the Act, is the second category. According to the Act, the maximum
sentence for juvenile offenders is three years, and this sentence is applicable to both serious
and minor offences. In the instance of an adult perpetrator, the highest penalty that may be
imposed is 7 years in jail, life in prison, or the death sentence.

The Supreme Court ruled in Roper v. Simmons (2005) that all adolescents should not be
placed into a single category, but rather should be examined individually based on their
maturity level, IQ, life experience, sentiments of moral responsibility, and prior history. As a
result, the concept of differentiated care for juveniles is given considerable consideration.

Crimes committed by child are:

Young people may commit crimes. Some of these crimes are the same as adult offenders
commit while others are based more on their age or other factors. Individuals who are
facing conviction of juvenile crimes may wish to contact a criminal defense lawyer to
learn about their rights in the juvenile justice system.

Larceny
One of the most common juvenile crimes is stealing, otherwise known as larceny. They may
steal from other people or stores. They may target items that are easily disposable and
typically inexpensive. These crimes may go unsuspected or unreported. The adolescent may
increase the value of items that he or she steals if there have not been consequences for the
petty theft. Statistics indicate that theft is the most common juvenile offense.

Assault
Another common juvenile crime is assault. Teens are more likely to get in fights. They may
be referred to a resource officer if the fight occurred at school. They could assault victims as
part of other crimes, such as stealing or purse snatching. Some juvenile offenders act like
bullies at school and may include physical violence along with emotional abuse or taunting.
People who get involved in the juvenile justice system may have problems with authority
figures, which may contribute to an altercation with an adult.

Illegal Purchases
It is a common rite of passage for teens to engage in some risky behavior or wanting to take
part in activities for which they are too young. Teens may try to make illegal purchases such
as buying cigarettes or alcohol. They may try to convince older people to buy these items for
them, or they may try to use fake identification to secure these purchases.
In other situations, they may get involved with drugs. They may be arrested for possession.
Young people are sometimes targeted by gangs to use as drug distributors who take illegal
substances back and forth between various locations. Adolescents may become addicted to
drugs.

Other Drug and Alcohol Crimes

Teens may commit other drug and alcohol crimes. They may be charged with possession of
alcohol or drugs. They may be arrested for drunk and disorderly conduct. Alcohol-related car
crashes are common. Teens may be arrested for DUI. Many states have zero tolerance laws in
which any amount of alcohol is considered legally impaired or a very small amount like a
blood alcohol concentration of 0.02.
Teens may take part in violent crimes. They may be victims of abuse and may lash out. They
may be addicted to drugs and commit violent crimes like assault or robbery to get money for
drugs. They may get into turf battles with other drug dealers. Adolescents may use firearms
and assault or kill others with them.

Teens may commit aggravated assault in which they cause serious bodily harm to victims or
use a firearm during the attack.
Teens may commit school shootings, other mass murders or other violent crimes. Teens may
also commit other violent crimes like auto theft.

Sexual Offenses
Some teens may commit sexual offenses. They may have been sexually abused and may act
out sexually with others. They may lack judgment and may sext pornographic pictures of
themselves or others, which may be prosecuted as possession of child pornography. They
may commit rape or sexual assault. Some teens get involved in prostitution and may be
brought into sex trafficking.

Status Offenses
Some juvenile crimes are based on the teen’s age and laws that relate to them due to this
factor. For example, they may be charged with truancy if they miss too many days of school.
They may be charged with curfew violations if they are out late at night. They may face
charges for incorrigibility if they refuse to obey their parents. Approximately half of all
juvenile arrests are due to disorderly conduct, drug abuse, simple assault, theft or curfew
violations.

vandalism
Teens may commit acts of vandalism by themselves or with others. They may add graffiti to
buildings, homes or other property.

Special Considerations for Juvenile Offenses

Many juvenile crimes are considered misdemeanor offenses. However, juveniles may commit
serious felony offenses. Juvenile crimes are generally not punished in the same way as adult
offenses. The focus in the juvenile justice system is to rehabilitate the juvenile offender. The
juvenile may have alternative punishments to incarceration in a juvenile detention center,
such as community service, educational courses, rehabilitation courses, payments of fines or
rehabilitation.
If your child is facing a juvenile offense, a criminal defense lawyer may be able to help.
Stringent directions provided by the judiciary concerning juvenile offenders

The offence of rape was ruled to constitute a breach of the Right to Life granted under Article
21 of the Indian Constitution in Bodhisattwa Gautam v. Subhra Chakraborty (1995). The
Supreme Court of India had observed that fundamental rights have precedence over any other
right protected by any other law. As a result, the blanket immunity provided to the juveniles
was considered ultra vires to the Constitution.

The Supreme Court ruled in Ram Prasad Sahu v. State of Bihar  (1979), that a minor criminal
can be convicted of both rapes and attempted rape. If a youngster is not eligible for
punishment but is capable of committing rape or murder, granting him blanket immunity
violates the principles of fairness and proportionality of punishment. 

Juveniles have been involved in a number of recent crimes committed against women,
including sexual harassment, rape, acid attacks, and violent killings. To combat this
threat, Section 18(3) of the Juvenile Justice Act, 2015 provides that if the juvenile is found to
have committed a heinous crime and is over the age of 16, the Juvenile Board may transfer
the case to a Children’s Court where they may send him to a place of safety and after a
preliminary assessment with regard to their mental and physical capacity to commit such
offence, ability to understand the consequences of the offence, and the circumstances in
which they allegedly committed the offence, the Juvenile Board may transfer the case to a
Children’s Court, which may sentence them to jail. 

Conclusion 

Indian governments are working to better the situation in India when it comes to juvenile
crime. Although juvenile crime has decreased in recent years, there are still certain issues that
must be addressed. The government is taking steps to provide good entertainment for
children, such as games and competitions, pornography and bad movies are outlawed, and
each district has a child guidance centre and provides proper training to those who will be
affected. Punishment is forced to defend itself by its real impact on society, in maintaining
order without legalising cruelty, and on the offender, in discouraging or facilitating their
reform. The moral rationale for punishment is found in its consequences, in its contribution to
crime prevention and criminal reintegration into society. It is founded on a hypothesis that
looks forward. It evaluates the future good we can accomplish for society as it relates to
juveniles. Juvenile crime prevention necessitates collaboration between government agencies,
educational institutions, law enforcement, the courts, social workers, and non-profit groups.

Question:3 Concept of Recidivism in criminal law

Answer:
Recidivism a term used to mean people who are the repeaters of crime. If someone has
committed robbery & does the same crime again after getting punishment & after coming out
of prison that person is termed as Recidivist. Basically recidivist are often characterized as
anti social, aggressive & indifferently to well being of others. These are those person who
have embraced criminality as a mode of life & commits crime with huge courage. Apparently
there are lesser chances of rehabilitation of such offenders as they commit crime deliberately
in a calculated manner. For them imprisonment is the only way that gets left to prevent them
from being the repeaters of crime. The main causes of recidivism are mainly-

1.Education- The lack of education of a person leads him to become a recidivist. As lack of
education makes him unskilled & the person cannot stand in competition with the society so
he chooses to indulge in criminal activity the punishment for which he gets imprisonment &
since prison life is non competitive he gets adjusted to it.

2.Poverty-The lack of education results into unemployment which further leads to poverty.
An investigation shows that most of the released prisoners face unemployment &
poverty.The stigma of being an offender also at most of the time results in rejection of
employment & which ultimately forces them to be recidivist.

3.Insanity-Some offenders due to their mental depravity or due to the insanity cannot
understand the nature & gravity of the crime & ultimately that leads them to be recidivist.
Sometimes inadequacy of correctional measures in treatment of offenders is yet another
cause of recidivism. A large number of failures in parole, probation & reformatories certainly
reflect upon the ineffectiveness of correctional methods in cases of hardened & habitual
offenders.

Prevention-Recidivism can only be stopped if after the release of a prisoner adequate after
care treatment is provided to him. Secondly recidivist offenders should be kept under 24/7
surveillance so that the society is fully protected & lastly they should be provided education
so that after getting released they find a way to earn their livelihood.

Conclusion-No crime can be stopped in the name of punishment if such a concept would
have existed then there would have been no recidivism. An offender can only be stopped
from being a recidivist only if the society changes attitude towards the offenders as criminal
always gets born from the society & such a thing can only be made possible through proper
understanding & education.
Question:3 drug addicts.
Answer:
An Introduction:
The word ‘Drug’has been derived from a Fresh word “Drogue” which means a dry herb.
These are organic or inorganic substance which when taken produces an effect on body.
When people hear the world drug addict, the words have negative feeling and stigmas
attached to them. People visualize a person who does not care about anything including
family, work or commitments except for obtaining money to buy drugs. However, there are
many people who are drug addicts that maintain a normal functioning life.
DEFINITION OF DRUG ADDICTION According to world health organization “Drug
addiction is a State of Periodic or Chronic intoxication produced by the repeated consumption
of drug”.
DEFINITION OF ADDICTION According to George. F. Koob “Addiction is a compulsion
to take a drug without control over he intake and chronic relapse disorder”. However, there
are certain misconceptions about drug addicts. Once it was thought a person was drug addict
or alcoholic only if he needed that drug daily or if the event through some withdrawal
symptoms like vomiting, sneezing, death etc. when the stopped using the substance. It was
though that alcoholic and drug addicts were unemployed, poor and from the inner city. But
this is not true. Many drug addicts do not experience physical withdrawal symptoms when
they stop using it. The majority of addicted people are employed and appear to be functioning
normally.
CHARACTERISTICS OF DRUG ADDICTION
1. Loss of Control The user cannot predict what will happen when he uses the substance. One
day he may be able to stop after one drink, or after one line of cocaine, the next day he may
not be able to control his use at all.
2. Compulsive Preoccupation The addict spends a great deal of time thinking about the
substance.
3. Continued use despite negative consequences If drinking or drug use causes problems but
one continues to do it one is tempting addiction or is already addicted. The person has lost
voluntary control on the use of that substance
CAUSES OF ADDICTION
There has been a controversy over the causes of addiction. Historically it was thought that
addiction was caused by 13 Lack of willpower 14 Poverty 15 Moral weakness 16 Mental
illness 17 Genetics 18 Family socialization 19 Anti-social personalities 20 Societal problems
Some scientists believed that drug addiction is a disease although the evidence to support this
theory is weak. Main 3 causes of drug addiction
1. The Drug Some drugs are more addictive than others. This is due to the pharmacology
of the substance and how it affects the mood of the user. 2. The Addict People who
have low. Self concepts, who feel bad about themselves have a higher rate of
addiction. People with low self concepts user psychoactive substances either to
enhance or create pleasure in their lives, or to decrease the constant emotional pain
they live. The better a person feel about himself, the less likely he will be to use or
abuse psychoactive substance. A society that has easy access to drugs, that has a
population that is “addiction prove” due to physical or emotional pain, and that has
unclear norms, is a society prone to addiction. 3. The Environment In our bio-
chemical society, we hear mixed messages about the use of psychoactive drugs.
Some, such as alcohol and tobacco are accepted, while use of hard drugs is
condemned. Some drug use is glamorized in the media, while different parts of the
 country have different standards for public intoxification. All this makes it easier for
people to accept drug use as normal.
TYPES OF DRUGS AND THERE EFFECTS
1. Cannabis All forms of cannabis have negative physical and mental effects. Several
regularly observed physical effects of cannabis are a substantial increase in the heart
rate, bloodshot eyes, a dry mouth and throat, and increased appetite. Use of cannabis
may impair or reduce short-term memory and comprehension, alter sense of time, and
reduce ability to perform tasks requiring concentration and coordination, such as
driving a car. Motivation and cognition may be altered, making the acquisition of new
information difficult.
2. 2. Inhalants The immediate negative effects of inhalants include, nausea, sneezing,
coughing, nosebleeds, fatigue, lack of coordination, and loss of appetite. Solvents and
aerosol sprays also decrease the heart and respiratory rates and impair judgment.
Amyl and butyl nitrite cause rapid pulse, headaches, and involuntary passing of urine
and feces. Long-term use may result in hepatitis or brain damage. Deeply inhaling the
vapour, or using large amounts over a short time, may result in disorientation, violent
behavior, unconsciousness, or death. High concentration of inhalants can cause
suffocation by displacing the oxygen in the lungs or by depressing the central nervous
system to the point that breathing stops. Long-term use can causing weight loss,
fatigue, electrolyte imbalance, and muscle fatigue. Repeated sniffing of concentrated
vapors over time can permanently damage the nervous system.
3. 3. Cocaine Cocaine stimulates the central nervous system. Its immediate effects
include dilated pupils and elevated blood pressure, heart rate, respiratory rate, and
body temperature. Occasional use can cause a stuffy or runny nose, while chronic use
can ulcerate thee mucous membrane of the nose. Injecting cocaine with contaminated
equipment can cause AIDS, hepatitis, and other diseases. Preparation of freebase,
which involves the use of volatile solvents, can result in death or injury from fire or
explosion. Cracks or freebase rock is extremely addictive, and its effects are felt
within 10 seconds. The physical effects include dilated pupils, increased pulse rate,
elevated blood pressure, insomnia, loss of appetite, tactile hallucinations, paranoia,
seizure. The use of cocaine can cause death by cardiac arrest or respiratory failure.
4. 4. Other Stimulants Stimulants can cause increased and respiratory rates, elevated
blood pressure, dilated pupils and decreased appetite. In addition, users may
experience sweating, headache, blurred vision, dizziness, sleeplessness, and anxiety.
Extremely high does can cause a rapid or irregular heartbeat tremors, loss of
coordination, and even physical collapse. An amphetamine injection creates a sudden
increase in blood pressure that can result in stroke, very high fever, or heart failure. In
addition to the physical effects, users report feelings restless, anxious, and moody.
Higher doses intensify the effect. Persons who use larger amount of amphetamines
over a long period of time can develop an amphetamine psychosis that includes
hallucination, delusions, and paranoia. These symptoms usually disappears when drug
use ceases.
5. Depressants The effects of depressants are in many ways similar to the effects of
alcohol. Small amounts can produce calmness and very relaxed muscles, but larger
does can cause slurred speech, staggering gait, and altered perception. Very large does
 can cause respiratory depression, coma, and death. The combination of depressant and
alcohol can multiply the effects of the drugs, increasing the risks.
6. 7. Narcotics Narcotics initially produce a feeling of euphoria that often is followed by
drowsiness, nausea, and vomiting. Users may also experience constricted pupils,
watery eyes, and itching. And overdose may produce slow and shallow breathing,
clammy skin, convulsion, coma and possible death. Tolerance to narcotics develops
rapidly and dependence is likely. The use of contaminated ssyringes may result in
disease such as AIDS, endocarditics, and hepatitis. Addiction in pregment women can
lead to premature, stillborn, or addicted infants who experience severe withdrawal
symptoms.
7. 9. Alcohol Alcohol consumption causes a number of changes in behaviour. Even low
doses significantly impair the judgement and coordination required to drive a car
safely. Low to moderate doses of alcohol can increase the incident of a variety of
aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol
cause marked impairments in higher mental functions, severely altering a person’s
ability to learn and remember information. Very high doses cause respiratory
depression and death. Continued use of alcohol can lead to dependence. Sudden
cessation of alcohol intake is likely to produce withdrawal symptoms, including
severe anxiety, tremors, hallucinations, and convulsions long-term effects of
consuming large quantities of alcohol, especially when combined with poor nutrition,
can lead to permanent damage to vital organs such as the brain and the liver. In
addition, mother who drink alcohol during pregnancy may give birth to infants with
fetal alcohol syndrome. These infants may suffer from mental retardation and other
irreversible physical abnormalities. In addition, research indicates that children of
alcoholic parents are at great risk than other children of becoming alcoholics.
DRUG ADDICTION IN TEENAGERS
Today’s voices talking about new danger- drug addiction at schools – are heard more and
more loudly. It is not easy to say how reasonable these fears are, as no serious and
exhaustive researches has been mad in lithuania till today. The only obvious thing is that
such phenomenon really exists but its extent are unclear- they might be exaggerated by
mass media or might be unimaginable neither by government, parents or teachers.
Impression is that this problem is absolutely new and unexpected, may be that the reason
it seems so threatening only recently discussions on this issue began, and often they are
quite populisticly. Adolescence is a critical period for addictions to develop because in
this age their ‘go’ system works in full force and stop system is immature teenagers
notoriously respond to sexual stimulations take dangerous risks and take many decisions
for a moment rather than for long term period it takes after the age of 20 or so for the
parts of the brain that involved decision making and higher level thinking to fully
develop. Most teens who drink, smoke or use drugs do not become addicts. However a
genetic predisposition combined with the critical period of adolescence can tilt the scales
towards early addictions.
STEP IS TO PREVENT THE USE OF DRUGS AMONG TEENAGERS
Various steps should be taken by the parents and also by the government to prevent the
use of drugs among the teenagers spending on drugs preventions in school is one of the
 most effective thing a government can do after at the other place in society where you can
have a captive and a well organized audience is school. FOLLOWING ARE THE
VARIOUS STEPS 1. Normalising Abstention The most important part of any prevention
programme specially in schools is normalizing abstention. By abstention we mean
avoidance of doing or indulging in some activity. Under this programme the teenagers
should understand the ill effects of drugs and should be given education on how to avoid
the intake of drugs. This is one of the best ways to teach the pupils to say no to drugs and
to learn about the dangerous effect of drugs. 2. Assertiveness Training Assertiveness
training is also very important and it help the teenager to stand up for their own values
without a feeling that they are not grown ups yet. What ever they learn in this training
will help them through out their lives. Weather in the work place or facing other pressures
in school. In this, students are given a training to speak and do things in a forceful way
and they should stand up for their rights. 3. Building self confidence and self worth If the
teenagers have a feeling of self confidence or self worth within them they will not indulge
in drugs and they will then understand that they are not supposed to do those things which
are not meant for them. Those feelings can also be bought within the teenagers by various
types of training and prevention programs. 4. Parental Education Parents also need help in
how to tackle these issues at home. Parents should be given required training as how to
handle a situation when they come to know that their child is using drugs. If parents are
fully educated or aware about drugs and its addiction qualities then only they can help
their child to stay away from it. 5. Communication at home One of the best ways to
protect children from addiction is to talk to them. On the one hand communication is very
important but on other hand it takes time. The trouble is that many parents only wake up
when there is already a problem and their child shows a different behaviours and is not
willing to talk communication takes times on regular basis so, parents need to be advice
and educated on how to prevent communication problems.
CONCLUSION
There should be tough penalties against all those making profits from the drug trade.
While it true that law enforcement against producers and traffickers has only a managerial
effect on total availability, it is important that a powerful message is sent out from every
government in the world that drug profiteering is an international crime that will be
severally punished. Further investment in intelligence should be made and those who
make profits with drugs trade they should be arrested and heavily penalised. If necessary
international co-operation can be taken and with this the nations can get freedom from
drugs.
Question:4 Drug Pollution as a Response of Protective Approach
Answer:
As the world’s population continues to expand, pharmaceutical products – generally drugs
and chemical-based care products have continued to become more prevalent. Their
significance in modern life cannot be underestimated, but then again, their use and disposal is
bringing about massive concerns in regard to environmental pollution.

A great example is the pollution of water systems, where pharmaceuticals are released into
the environment and reach aquatic systems such as lakes, oceans, rivers, and groundwater.
Pharmaceutical plants are often incapable of filtering out all the chemical compounds used in
their manufacturing process and as such, the chemicals will seep into the
surrounding freshwater systems and eventually into the oceans, lakes, streams, and rivers.

Photo by: DepositPhotos

Many urban and rural sources of groundwater, although clean and pure enough to drink, for
example, contain trace amounts of pharmaceutical ingredients, from birth control pills,
antidepressants, painkillers, shampoos, anti-epileptics, caffeine, and many other pharma
products.

Wastewater from pharmaceutical manufacturers is also sometimes discharged into open fields
and nearby water bodies, thereby increasing the pharmaceutical waste or their by-product
load in the environment, landfills, or dumping areas. All this is basically known as
pharmaceutical pollution, and this article looks at the causes, effects, and solutions to
pharmaceutical pollution.

Contents [show]
Causes of Pharmaceutical Pollution

1. The Drugs We Use and How They are Ingested and Expelled!

Our bodies metabolize only a fraction of the majority of the drugs we swallow. The
remaining part can be sweated out, but the large part is excreted from the body through urine
or fecal matter, meaning the excreta will be part of the wastewater and eventually will be in
the environment.

Some medication can also be applied as creams or lotions and the unabsorbed portions of the
medication will be washed off the body and find its way into the environment. For instance,
one man’s use of testosterone cream can wind up putting as much of the hormone into the
water as the natural excretions from 300 men.

2. Healthcare Institutions

Hospitals and nursing homes also contribute to pharmaceutical pollution. Hospitals, in

particular, might be less of a problem as they have on-site pharmacies with arrangements to
return the unused drugs to the manufacturers for credit or disposal.

Nursing homes, on the other hand, are particularly guilty of flushing medications down the
toilet or drain, especially if a patient dies or is transferred to another facility, mainly because
in most cases, they do not have a similar return policy with drug manufacturers as hospitals.

The rule of getting rid of the opioid painkillers is to flush them down the drain as it is an
acceptable option, encouraging them to flush down all their leftover medications.

3. Drug Manufacturers
Although some factories are bigger than others, they are all guilty of contributing to
pharmaceutical pollution. Some will dispose of the drugs in a landfill, and some will flush
them, among many other ways of disposing of the drugs.

A US Geological Survey study revealed contamination levels downstream from two drug
manufacturing plants in the state of New York, which were between ten and 1,000 times
higher than those at comparable facilities in the country.

4. Agriculture and Agro-products

Like humans, not all the drugs fed to domesticated animals are metabolized by their bodies.
For this reason, they excrete parts of the drugs that remain undigested. About 2 trillion
pounds of animal waste, which is generated by large-scale poultry and livestock operations in
the United States, was found to be laced with hormones and antibiotics fed to animals.

The drugs and hormones were meant to make the livestock and poultry grow faster as well as
keeping them from getting sick. As such, and inevitably, some of those hormones and
antibiotics will leach into groundwater or get into waterways and contribute to
pharmaceutical pollution.

5. Human Domestic Drug Use and Disposal Behavior

We as consumers are responsible for a significant amount of the pharmaceutical and personal
care products that end up in streams, groundwater, lakes, and rivers. It is not uncommon to
find a home cabinet full of unused and expired drugs. The problem is that out of all these
drugs, only a fraction is disposed of properly.

For instance, data collected in 2007 from a medication collection program in California,
suggested that only about 50% of all medications, prescription and over-the-counter, were
discarded properly. Even if that figure is a huge estimate, and the real proportion could be
lower, the conclusion is that there is a lot of unused and mostly expired medication that
potentially gets into the water systems.

Effects of Pharmaceutical Pollution

1. Effects on Fish and Aquatic Life

A number of studies have indicated that Oestrogen and chemicals that behave like it, have a
feminizing effect on male fish and can alter female-to-male ratios. Such Oestrogen can be
found in birth control pills and postmenopausal hormone treatments.

The Potomac River, in the United States, is known to have several intersex fish, which are
fish with both male and female characteristics, mainly because of the pollution of the river in
different sections.

Because of the higher Oestrogen levels in the downstream water from the river, there are
more female and intersex fish downstream from the plants that pollute it. Popular
antidepressant medications have also been found concentrated in the brain tissue of fish
downstream from wastewater treatment plants.

2. Disrupting the Normal Operations of the Sewerage Process

Antibiotics are widely used in treating infections. They contain material that can disrupt
the sewage treatment process and the microbial ecology of surface water. Antibiotics present
in the sewage treatment systems can, therefore, inhibit the activities of the sewage bacteria,
and therefore seriously affect the organic matter decomposition. Antibiotics can also be toxic
to nitrifying bacteria in the wastewater treatment process.

3. Effect on Drinking Water

The chemicals present in these pharmaceuticals, find a way into waterways, after being
excreted from the body or after being flushed down the toilet. Most municipal sewage
treatment facilities do not remove these pharmaceutical compounds from your drinking
water and as such, we end up consuming the same compounds.

They are found in very minimal concentration in rivers and streams as compared to the
normal dose, but there is a growing concern that chronic exposure to these compounds could
result in serious health issues. It is also speculated that these compounds, could act
synergistically to cause more severe health issues.

For instance, endocrine disruptors, which come from agricultural, domestic and industrial
sources such as pharmaceuticals, disrupt biological processes like growth, development and
reproduction, which are regulated by hormones. Also according to a 2006 research by Italian
researchers, a combination of pharmaceutical compounds inhibits the growth of embryonic
kidney cells in laboratory tests.

Researchers first identified trace amounts of pharmaceutical drugs in surface water and
groundwater in the early 1990s, sounding alarm bells ever since.

4. Long-term Effects on the Environment

Some pharmaceutical compounds last a long time in the environment and in water supplies.
Once the concentration reaches a certain level, usually around one part per million, the
chemicals begin to affect the environment. Some drugs, like antiepileptics, are persistent,
with some being pseudo-persistent, meaning, they degrade eventually, but after quite some
time.

This means they continue to affect the environment long after they are disposed of. Some,
have about 30% high fat solubility, meaning they can bioaccumulate, enter a cell and move
up food chains, becoming more concentrated in the process.

Surveys in Europe and the US, have found hundreds of these compounds in groundwater,
sewage, surface water, wastewater from treatment plants and of course tap water. Polluted
water from streams, lakes, rivers and other sources, will therefore eventually make its way
into our bodies

5. Antibiotic Resistance

For decades, antimicrobial resistance, with incidences like multidrug resistance has been
blamed on irresponsible use of the drugs in human medicine and farming.

However, there is increasing evidence that it can also be caused by drug manufacturing
pollution. This is the conclusion drawn from studies in 2016 and 2017, focused on antibiotic
manufacturing pollution in India and China.

6. Effects on Wildlife

Pharmaceuticals, flushed into the environment by humans, or through the sewage are also
affecting wildlife. These animals are consuming water that contains these particles, or are
preying on fish which swim in such waters.

Studies on the effects of pharmaceuticals on wildlife are little and have not led to conclusive
results, but it is believed that these effects will soon affect the natural world massively. The
little known results have shown that antidepressants reduce feeding in starlings and a
contraceptive drug is decreasing fish populations in lakes.

Solutions to Pharmaceutical Pollution

1. Proper Drug Disposal

The easiest, cheapest, and most effective solution to pharmaceutical pollution is keeping the
drugs from reaching the waterways in the first place. We should invest in public education on
the proper disposal of drugs, as part of the drug take-back programs.

This way, people will know how to properly get rid of old or expired medicine without
contributing to pharmaceutical pollution. awareness can also create initiatives that mitigate
the effects already caused by pharmaceuticals on the environment.

2. Tougher Regulations

If tougher regulations are in place, they would help limit large-scale medicine flushing in
hospitals, nursing homes and other healthcare institutions. Tougher regulations can be
installed by the nation or state’s department of health, or by the national body that handles
health matters.

The institutions would restrict themselves from disposing of the drugs without proper
procedure and would also ensure their relationship with drug manufacturers is in a way that
they can return the drugs if they are expired.

3. Additional Research Pertaining to the Potential Dangers of Pharmaceutical Pollution

More research is desperately required to assess the potential human effects of pharmaceutical
pollution. it will also address the best methods for removing the compounds at treatment
plants in a way that is not hazardous or dangerous to the environment in general. If a
significant long-term risk to public health is identified, more aggressive efforts can then be
taken to control the problem as required.

4. Limit Bulk Purchases

Another solution is to limit the bulk purchases of pharmaceuticals. The majority of

institutions and individuals purchase them in bulk since large volumes attract discounts,
which makes the overall price more attractive.

However, it gives rise to a situation where there are large bottles of unused pills which
ultimately end up being flushed or disposed of in the wrong way. Limiting bulk purchases
will ensure only the required amount is supplied and therefore, less pharma pollution.

5. Trashing is Better Than Flushing

Throwing unused medication into the trash leads to them being incinerated or buried in
landfills. It is a better way of disposing them than flushing or pouring them down the drain.
However, if you are to trash them, do it properly. Remove them from their packaging, crush
them, and seal them in a plastic bag with water.

More to that, add sawdust, coffee grounds, or cat litter or any other material that is
unappealing. Although this is not for environmental reasons, it cuts down the chances that a
child or animal might ingest the contents.

Question:6 child labour?

Answer: Introduction:

Child labour is the practice where children engage in economic activity, on part or full-time
basis. The practice deprives children of their childhood, and is harmful to their physical and
mental development. Poverty, lack of good schools and growth of informal economy are
considered as the important causes of child labour in India.
The 2001 national census of India estimated the total number of child labour, aged 5–14, to
be at 12.6 million. Child labour problem is not unique to India; worldwide, about 217 million
children work, many full-time.
In 2001, out of a 12.6 million, about 12 million children in India were in a hazardous job.
UNICEF estimates that India with its larger population has the highest number of labourers in
the world less than 14 years of age, while sub-saharan African countries have the highest
percentage of children who are deployed as child labour. International Labour
Organization estimates that agriculture at 60 percent is the largest employer of child labour in
India, while United Nation's Food and Agriculture Organization estimates 70 % of child
labour is deployed in agriculture and related activities. Outside of agriculture, child labour is
observed in almost all informal sectors of the Indian economy.
Companies including Gap, Primark, Monsanto and others have been criticized for child
labour in their products. The companies claim they have strict policies against selling
products made by underage kids, but there are many links in a supply chain making it
difficult to police them all. In 2011, after three years of Primark's effort, BBC acknowledged
that its award-winning investigative journalism report of Indian child labour use by Primark
was a fake. BBC apologized to Primark, to Indian suppliers and all its viewers.
Article 24 of India's constitution prohibits child labour. Additionally, various laws and the
Indian Penal Code, such as the Juvenile Justice (care and protection) of Children Act-2000,
and the Child Labour (Prohibition and Abolition) Act-1986 provide a basis in law to identify,
prosecute and stop child labour in India.

DEFINITION

International Labour Organization (ILO) states that child labour may be defined in a number
of different ways, and a different definition yields a different estimate of child labour in India
as well as other countries. According to ILO, children or adolescents who participate in work
that does not affect their health and personal development or interfere with their schooling, is
not child labour; rather it may generally be regarded as being something positive. He is also a
man who their parents around the home, assisting family or earning pocket money outside
school hours and over holidays. These kinds of activities, suggests ILO, may contribute to
children’s developmentlly, socially or morally dangerous and harmful to children, or work
whose schedule interferes with their ability to attend regular school, or work that affects in
any manner their ability to focus during school or experience healthy childhood.

UNICEF defines child labour differently. A child, suggests UNICEF, is involved in child

labour activities if between 5 to 11 years of age, he or she did at least one hour of economic
activity or at least 28 hours of domestic work in a week, and in case of children between 12 to
14 years of age, he or she did at least 14 hours of economic activity or at least 42 hours of
economic activity and domestic work per week. UNICEF in another report suggests,
"Children’s work needs to be seen as happening along a continuum, with destructive or
exploitative work at one end and beneficial work - promoting or enhancing children’s
development without interfering with their schooling, recreation and rest - at the other. And
between these two poles are vast areas of work that need not negatively affect a child’s
development."

Child labour laws in India

After its independence from colonial rule, India has passed a number of constitutional
protections and laws on child labor.
The Constitution of India in the Fundamental Rights and the Directive Principles of State
Policy prohibits child labor below the age of 14 years in any factory or mine or castle or
engaged in any other hazardous employment (Article 24). The constitution also envisioned
that India shall, by 1960, provide infrastructure and resources for free and compulsory
education to all children of the age six to 14 years. (Article 21-A and Article 45).

India is a federal form of government, and child labour is a matter on which both the central
government and country governments can legislate, and have. The major national legislative
developments include the following:

The Factories Act of 1948: The Act prohibits the employment of children below the age of
14 years in any factory. The law also placed rules on whom, when and how long can pre-
adults aged 15–18 years be employed in any factory.

The Mines Act of 1952: The Act prohibits the employment of children below 18 years of age
in a mine.

The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the
employment of children below the age of 14 years in hazardous occupations identified in a
list by the law. The list was expanded in 2006, and again in 2008.

The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a
crime, punishable with a prison term, for anyone to procure or employ a child in any
hazardous employment or in bondage.

The Right of Children to Free and Compulsory Education Act of 2009: The law
mandates free and compulsory education to all children aged 6 to 14 years. This legislation
also mandated that 25 percent of seats in every private school must be allocated for children
from disadvantaged groups and physically challenged children.

India formulated a National Policy on Child Labour in 1987. This Policy seeks to adopt a
gradual & sequential approach with a focus on rehabilitation of children working in
hazardous occupations. It envisioned strict enforcement of Indian laws on child labor
combined with development programs to address the root causes of child labor such as
poverty. In 1988, this led to the National Child Labour Project (NCLP) initiative. This legal
and development initiative continues, with a current central government funding of   602
crores, targeted solely to eliminate child labor in India. Despite these efforts, child labor
remains a major challenge for India.
Child Labour :

In India the term Child Laborers refers to the population of working children ranging in age
from five to fourteen years. The minimum age prescribed by law varies from industry to
industry e.g. in factory minimum age is 14 years, and in mining it is 18 years.

Child labor – conventionally referred to children working before they reached the lawful
minimum age for employment in their country (nowadays usually 14, 15 or, as in the UK,
16), often the same as the cut-offage for compulsory attendance at school. Now redefined to
refer to all young people engaged in harmful employment, whether they are school-age or
older.1

Government’s Policies for Enacting Laws against Child Labor

The first Act to regulate the employment of children and their hours of work was the Factory
Act of 1881. A Commission was established in 1929 to fix the minimum age of child
employment, on whose recommendation, the Child Labour Act 1933 was passed prohibiting
employment of children below 14 years of age.

The Factory Act of 1948 provided some safeguards to child laborers. In 1986, the Parliament
enacted the Child Labour Act (Regulation and Prohibition), planning the employment of
children in certain jobs and regulating the condition of work in hazardous occupations. The
Juvenile Justice Act came into force on October 2, 1987 after superseding different Children's
Act of different States/UTs.

India has ratified six ILO conventions relating to labour and three of them as early as in the
first quarter of the 20th century. Through a Notification dated 27 January 1999, the Schedule
to the Child Labour (Prohibition and Regulation) Act, 1986, has been substantially enlarged
bringing the total number of occupations and processes listed in the Schedule 13 and 51
respectively.

The National Policy on Child Labour was formulated in 1987 which enforces legal actions to
protect the interests of children, makes development programmes for the benefit of child
labour and projects based plan of action in the areas of high concentration

of child labour. National Child Labour Projects (NCLP) has been set up to rehabilitate child
labour.
The Cabinet Committee on Economic Affairs (CCEA) in their meeting on January 20, 1999
approved continuance of the scheme of National Child Labour Project (NCLP) during the
Ninth Plan. The CCEA also approved the increase in the number of such projects from 76 to
100.

The Government's commitment to address the problem of child labour is reflected in the
statement of National Agenda for Governance (1998), where it says that no child should
remain illiterate, hungry/lack medical care and that measures will be taken to eliminate child
labour.

The Supreme Court of India in its judgment dated December 10, 1986 has directed to pay
compensation of Rs 20,000 by the offending employers for every child employed in
hazardous occupations. Efforts will be made to modify the existing National Child Labour
Project under the Ninth Plan.

Causes

For much of human history and across different cultures, children less than 17 years old have
contributed to family welfare in a variety of ways. UNICEF suggests that poverty encourages
child labour. The report also notes that in rural and impoverished parts of developing and
undeveloped parts of the world, children have no real and meaningful alternative. Schools
and teachers are unavailable. Child labour is the unnatural result. A BBC report, similarly,
concludes poverty and inadequate public education infrastructure are some of the causes of
child labour in India.

Between boys and girls, UNICEF finds girls are two times more likely to be out of school and
working in a domestic role. Parents with limited resources, claims UNICEF, have to

choose whose school costs and fees they can afford when a school is available. Educating
girls tends to be a lower priority across the world, including India. Girls are also harassed or
bullied at schools, sidelined by prejudice or poor curricula, according to UNICEF. Solely by
virtue of their gender, therefore, many girls are kept from school or drop out, and then
provide child labour.

International Labor Organization (ILO) and spreading smiles through education

organization (OSSE) suggests poverty is the greatest single force driving children into the
workplace. Income from a child's work is felt to be crucial for his/her own survival or for that
of the household. For some families, income from their children's labour is between 25 to
40% of the household income.

According to a 2008 study by ILO, among the most important factors driving children to
harmful labour is the lack of availability and quality of schooling. Many communities,
particularly rural areas do not possess adequate school facilities. Even when schools are
sometimes available, they are too far away, difficult to reach, unaffordable or the quality of
education is so poor that parents wonder if going to school is really worth it. In government-
run primary schools, even when children show up, government-paid teachers do not show up
25% of the time. The 2008 ILO study suggests that illiteracy resulting from a child going to
work, rather than a quality primary and secondary school, limits the child's ability to get a
basic educational grounding which would in normal situations enable them to acquire skills
and to improve their prospects for a decent adult working life. An albeit older report
published by UNICEF outlines the issues summarized by the ILO report. The UNICEF report
claimed that while 90% of child labour in India is in its rural areas, the availability and
quality of schools is decrepit; in rural areas of India, claims the old UNICEF report1

about 50% of government funded primary schools that exist do not have a building, 40% lack
a blackboard, few have books, and 97% of funds for these publicly funded school have been
budgeted by the government as salaries for the teacher and administrators. A 2012 Wall
Street Journal article reports while the enrollment in India's school has dramatically increased
in recent years to over 96% of all children in the 6-14 year age group, the infrastructure in
schools, aimed in part to reduce child labour, remains poor - over 81,000 schools do not have
a blackboard and about 42,000 government schools operate without a building with make
shift arrangements during monsoons and inclement weather.

Biggeri and Mehrotra have studied the macroeconomic factors that encourage child labour.
They focus their study on five Asian nations including India, Pakistan, Indonesia, Thailand
and Philippines. They suggest that child labour is a serious problem in all five, but it is not a
new problem. Macroeconomic causes encouraged widespread child labour across the world,
over most of human history. They suggest that the causes for child labour include both the
demand and the supply side. While poverty and unavailability of good schools explain the
child labour supply side, they suggest that the growth of low paying informal economy rather
than higher paying formal economy - called organized economy in India - is amongst the
causes of the demand side. India has rigid labour laws and numerous regulations that prevent
growth of organized sector where work protections are easier to monitor, and work more
productive and higher paying. The unintended effect of Indian complex labour laws is the
work has shifted to the unorganized, informal sector. As a result, after unorganized
agriculture sector which employs 60% of child labor, it is the unorganized trade, unorganized
assembly and unorganized retail work that is the largest employer of child labours. If
macroeconomic factors and laws prevent growth of formal sector, the family owned informal
sector grows, deploying low cost, easy to hire, easy to dismiss labour in form of child labour.
Even in situations where children are going to school, claim Biggeri and Mehrotra, children
engage in routine after-school home-based manufacturing and economic activity. Other
scholars too suggest that inflexibility and structure of India's labor market, size of informal
economy, inability of industries to scale up and lack of modern manufacturing technologies
are major macroeconomic factors affecting demand and acceptability of child labour.

Cigno et al. suggest the government planned and implemented land redistribution programs
in India, where poor families were given small plots of land with the idea of enabling
economic independence, have had the unintended effect of increased child labour. They find
that smallholder plots of land are labor-intensively farmed since small plots cannot
productively afford expensive farming equipment. In these cases, a means to increase output
from the small plot has been to apply more labour, including child labour. Bonded child
labour in India

Srivastava describes bonded child labour as a system of forced, or partly forced, labour under
which the child, or usually child's parent enter into an agreement, oral or written, with a
creditor. The child performs work as in-kind repayment of credit. In this 2005 ILO report,
Srivastava claims debt-bondage in India emerged during the colonial period, as a means to
obtain reliable cheap labour, with loan and land-lease relationships implemented during that
era of Indian history. These were regionally called Hali, or Halwaha, or Jeurasystems; and
by colonial administration the indentured labour system. These systems included bonded
child labour. Over time, claims the ILO report, this traditional forms of long-duration
relationships have declined1.
In 1977, India passed legislation that prohibits solicitation or use of bonded labour by anyone,
of anyone including children. Evidence of continuing bonded child labour continue. A report
by the Special Rapporteur to India's National Human Rights Commission, reported the
discovery of 53 child labourers in 1996 in the state of Tamil Nadu during a surprise
inspection. Each child or the parent had taken an advance of Rs. 10,0000 to 25,0000. The
children were made to work for 12 to 14 hours a day and received only Rs. 2 to 3 per day as
wages. According to an ILO report, the extent of bonded child labour is difficult to
determine, but estimates from various social activist groups range up to 350,000 in 2001.

Despite its legislation, prosecutors in India seldom use the Bonded Labour System
(Abolition) Act of 1976 to prosecute those responsible. According to one report, the
prosecutors have no direction from the central government that if a child is found to be
underpaid, the case should be prosecuted not only under the Minimum Wages Act, 1948 and
the Child Labour (Prohibition & Regulation) Act, 1986, the case should include charges
under the Bonded Labour Act of India. The few enforcement actions have had some
unintended effects. While there has been a decrease in children working in factories because
of enforcement and community vigilance committees, the report claims poverty still compels
children and poor families to work. The factory lends money to whoever needs it, puts a loom
in the person’s home, and then the family with children works out of their homes, bring
finished product to pay interest and get some wages. The bonded child and family labour
operations were moving out of small urban factories into rural homes.

Consequences of child labour

The presence of a large number of child labourers is regarded as a serious issue in terms of
economic welfare. Children who work fail to get necessary education. They do not get the
opportunity to develop physically, intellectually, emotionally and psychologically. Children
in hazardous working conditions are in worse condition. Children who work, instead of going
to school, remain illiterate which limits their ability to contribute to their own well being as
well as to community they live in. Child labor has long term adverse effects for India.

To keep an economy prospering, a vital criteria is to have an educated workforce equipped

with relevant skills for the needs of the industries. The young labourers today, will be part of
India’s human capital tomorrow. Child labour undoubtedly results in a trade-off with human
capital accumulation
Child labour in India are employed with the majority (70%) in agriculturesome in low-skilled
labour-intensive sectors such as sari weaving or as domestic helpers, whic require neither
formal education nor training, but some in heavy industry such as coal mining.

According to the International Labour Organisation (ILO), there are tremendous economic
benefits for developing nations by sending children to school instead of work. Without
education, children do not gain the necessary skills such as English literacy and technical
aptitude that will increase their productivity to enable them to secure higher-skilled jobs in
future with higher wages that will lift them out of poverty1.

Diamond industry

In the child 1999, the International Labour Organization co-published a report with

Universal Alliance of Diamond Workers, a trade union. The ILO report claimed that child
labour is prevalent in the Indian diamond industry. International Confederation of Free Trade
Unions (ICFTU) in a separate 1997 press release observed that child labor continued to
flourish in India's diamond industry. Not everyone agreed with these claims. The South
Gujarat Diamond Workers Association, another trade union, acknowledged child labour is
present but it is not systematic, is less than 1% and against local industry norms. Local
diamond industry businessmen too downplayed these charges.

According to the 1999 ILO paper, India annually cuts and polishes 70 per cent of the world’s
diamonds by weight, or 40 per cent by value. Additionally, India contributes 95 percent of the
emeralds, 85 percent of the rubies, and 65 percent of the sapphires worldwide. India
processes these diamonds and gems using traditional labour-intensive methods. About 1.5
million people are employed in the diamond industry, mostly in the unorganized sector. The
industry is fragmented into small units, each employing a few workers. The industry has not
scaled up, organized, and big operators absent. The ILO paper claims that this is to avoid the
complex labor laws of India. The export order is

split, work is subcontracted through many middlemen, and most workers do not know the
name of enterprise with the export order. In this environment, claims the

ILO report, exact number of child labor in India's diamond and gem industry is unknown;
they estimate that child laborers in 1997 were between 10,00 to 20,00 out of 1.5 million total
workers (about 1 in 100). The ILO report claims the causes for child labor include parents
who send their children to work because they see education as expensive, education quality
offering no real value, while artisan work in diamond and gem industry to be more
remunerative as the child grows up.

A more recent study from 2005, conducted at 663 manufacturing units at 21 different
locations in India's diamond and gem industry, claims incidence rates of child labor have
dropped to 0.31%.

Fireworks manufacture

The town of Sivakasi in South India has been reported to employ child labour in the
production of fireworks. In 2011, Sivakasi, Tamil Nadu was home to over 9,500 firecracker
factories and produced almost 100 percent of total fireworks output in India. The fireworks
industry employed about 150,000 people at an average of 15 employees per factory. Most of
these were in unorganized sector, with a few registered and organized companies.

In 1989, Shubh Bhardwaj reported that child labour is present in India's fireworks industry,
and safety practices poor. Child labour is common in small shed operation in the unorganized
sector. Only 4 companies scaled up and were in the organized sector with over 250
employees; the larger companies did not employ children and had superior safety practices
and resources. The child labour in small, unorganized sector operations suffered long
working hours, low wages, unsafe conditions and tiring schedules.

A more recent 2002 report by International Labour Organization claims that child labour is
significant in Tamil Nadu's fireworks, matches or incense sticks industries. However, these
children do not work in the formal economy and corporate establishments that produce for
export. The child labourers in manufacturing typically toil in supply chains producing for the
domestic market of fireworks, matches or incense sticks. The ILO report claims that as the
demand for these products has grown, the formal economy and corporate establishments have
not expanded to meet the demand, rather home-based production operations have
mushroomed. This has increased the potential of child labour. Such hidden operations make
research and effective action difficult, suggests ILO.

Silk manufacture

A 2003 Human Rights Watch report claims children as young as five years old are employed
and work for up to 12 hours a day and six to seven days a week in silk industry. These
children, claims , are bonded labor; even though the government of India denies existence of
bonded child labor, these silk industry child are easy to find in Karnataka, [[]] and Tamil
Nadu, claims Children are forced to dip their hands in scalding water
to palpate the cocoons and are often paid less than Rs 10 per day.

In 2010, a German news investigative report claimed that in states like Karnataka, non-
governmental organizations had found up to 10,000 children working in the 1,000 silk
factories in 1998. In other places, thousands of bonded child labor were present in 1994. But
today, after UNICEF and NGOs got involved, child labor figure is drastically lower, with the
total estimated to be fewer than a thousand child laborers. The released children were back in
school, claims the report.

Domestic labour

Official estimates for child labour working as domestic labour and in restaurants is more than
2,500,000 while NGOs estimate the figure to be around 20 million. The Government of
India expanded the coverage of The Child Labour Prohibition and Regulation Act and banned
the employment of children as domestic workers and as workers in restaurants,dhabas, hotels,
spas and resorts effective from 10 October 2006.

Coal mining

Despite laws enacted in 1952 prohibiting employment of people under the age of 18 in the
mines primitive coal mines in Meghalaya using child labor were discovered and exposed by
the international media in 2013.

Initiatives against child labour

In 1979, the Indian government formed the Gurupadswamy Committee to find about child
labour and means to tackle it. The Child Labour Prohibition and Regulation Act was not
enacted based on the recommendations of the committee in 1986.] A National Policy on Child
Labour was formulated in 1987 to focus on rehabilitating children working in hazardous
occupations. The Ministry of Labour and Employment had implemented around 100
industry-specific National Child Labour Projects to rehabilitate the child workers since 1988.

Non-governmental organisations

Many NGOs like Bachpan Bachao Andolan, CARE India, Child Rights and You, Global
march against child labor, RIDE India etc. have been working to eradicate child labour in
India.
Pratham is India's largest non-governmental organization with the mission 'every child in
school and learning well.' Founded in 1994, Pratham has aimed to reduce child labour and
offer schooling to children irrespective of their gender, religion and social background. It has
grown by introducing low cost education models that are sustainable and reproducible. In
2005, Pratham was involved in coordinating a child labour rescue operation with India's
Ministry of Labour and police, when around 500 children were rescued from zari sweetshops
in New Delhi.

How necessary is child labour to families in India?

Child labour is a source of income for poor families. A study conducted by the ILO Bureau
of Statistics found that "Children’s work was considered essential to maintaining the
economic level of households, either in the form of work for wages, of help in household
enterprises or of household chores in order to free adult household members for economic
activity elsewhere" (Mehra-Kerpelman 1996, 8). In some cases, the study found that a child’s
income accounted for between 34 and 37 percent of the total household income. This study
concludes that a child labourer’s income is important to the livelihood of a poor family. There
is a questionable aspect of this study. It was conducted in the form of a survey, and the
responses were given by the parents of the child labourers. Parents would be biased into
being compelled to support their decision to send their children to work, by saying that it is
essential. They are probably right: for most poor families in India, alternative sources of
income are close to non-existent. There are no social welfare systems such as those in the
West, nor is there easy access to loans, which will be discussed.

What is apparent is the fact that child labourers are being exploited, shown by the
pay that they receive. For the same type of work, studies show that children are paid less than
their adult counterparts. Although 39.5% of employers said that child workers earn wages
equal to adults, if the percentage of employers admitting that wages are lower for children are
added up, a figure of 35.9% is found. This figure is significant when taking the bias of
employers into account. Employers would have been likely to defend their wages for child
workers, by saying that children earn the same wages as adults. The fact that no employers
stated children earned more than adults, should be also be noted. Other studies have also
concluded that "children’s earnings are consistently lower than those of adults, even where
there two groups are engaged in the same tasks" (Bequele and Boyden cited in Grootaert and
Kanbur 1995, 195).
 Impact of child labour on education:-

India’s state of education lacks effectiveness in yielding basic literacy in the

population. It has been observed that "the overall condition of the education system can be a
powerful influence on the supply of child labour" (Grootaert and Kanbur 1995, 193). The
1991 Census of India shows that 64% of males and 39% of females are literate (The World
Bank 1995, 113) -- an increase of 17% and 14% respectively from the 1981 census (Census
of India 1981 cited in Weiner 1991, 11). These increases seem significant, but India’s overall
literacy rate of 40.8% lags behind other developing countries such as China (72.6%), Sri
Lanka (86.1%), and Indonesia (74.1%), all of which have Per Capita Incomes comparable to
India’s (Weiner 1991, 161). India’s primary-school survival rate of 38.0% is also lower than
China’s rate of 70.0% and Sri Lanka’s rate of 90.8% (United Nations Educational, Scientific,
and Cultural Organization cited in Weiner 1991, 159). This indicates that few students are
reaching fifth or sixth grade, and dropout rates support this conclusion. Dropout rates
measured by the Department of Education show that 35% of males and 39% of females
dropout (Government of India cited in The World Bank 1995, 113). What is the reason for
these high dropout rates and poor school survival rates? One possible argument given by
Nangia (1987) is that "the pressing need for the child’s earnings as well as low perceived
advantages of school" cause parents to withdraw children from school and deposit them in
the labour force (p.182). In this case, poverty and the inadequacy of the school system play
significant roles in causing child labour, but also affect each other. Poverty forces high
dropout rates, and thus no matter how good schools are, school survival rates and literacy
rates will still remain low.

Legal action against child labour in India

India has a legialtion against child labour since 1986 which instead of preventing child
labour, allows work by children in non-hazardous industry. Social activist Hemant
Goswamihad moved the courts against this particular provision and for the failure of the
Government to prevent violation of child rights and widespread child labour, his efforts
against exploitation of children has forced the government to constitute Commission for
Child Right in the State of Harayana, Punjab and Chandigarh. On 9th of April 2013, the
Punjab and Haryana High Court gave landmark order on the writ-petition (PIL CWP 2693 of
2010) moved by Hemant Goswami. The court, accepted all the contentions and suggestions
put forward by Hemant Goswami (who argued the case in-person) and directed that;
There shall be total ban on the employment of children up to the age of 14 years, be it
hazardous or non-hazardous industries.

There shall be no forced labour even for children between the age of 14 years to 18 years; and
whenever a child above the age of 14 years is forced to work, it has to be treated as an
offence under Section 374 IPC and it is to be dealt with sternly.

When any matter is brought to the notice of the State Commission (or for that matter suo
motu cognizance taken by the State Commission) involving violation of child rights even
where a child above the age of 14 year is employed, the State Commission under the CPCR
Act will have the jurisdiction to deal with the same and pass necessary directions.

The violators have to be dealt with effectively and in a speedy manner. Therefore, wherever
violations are found, cases under the provisions of Part-IV of the Child Labour Prohibition
Act have to be registered without delay in each and every case.

Wherever the officers fail or neglect to take effective action immediately, apart from taking
necessary disciplinary action, action can also be taken, in appropriate cases, under Section
166 IPC against such officers.

There is also a need for rehabilitation of such children in the society. (Scheme suggested
by Hemant Goswami was adopted by the Court, with the following main points; (a) Moving
out the child from the exploitative environment (b) Ensuring Education (c) Ensuring
Food/Meals/Clothes/ Necessities (D) Penalty/Compensation should be for the benefit of the
Child (e) Regular Monitoring)

The Chairperson of “State Commissions for Protection of Child Rights” should be a person
who has been Judge of the High Court and the process of selection of the other six members
of the “State Commissions for Protection of Child Rights” should entail issuance of public
advertisement for inviting applications, interviewing eligible candidates and recommending a
penal of names of suitable persons.

States of Punjab and Haryana as well as U.T., Chandigarh shall also ensure that the State
Commissions become fully functional by appointing Chairpersons and Members.

Children’s Courts with specialized infrastructure be created.

The order is considered a landmark in "Child Right Protection" in India, as the court declared
many existing provisions of the 1986 Indian Child Labour legislation as illegal and against
the Constitution of India.

JUDICIAL RESPONSE TOWARDS CHILD LABOUR IN INDIA

The role of judiciary in India has been quite significant in promoting child welfare. The
judiciary has played important role in protecting the child workers from exploitation and
improving their conditions. Judiciary has shown a generosity towards poor child workers by
relaxing the rules of locus standi. Judiciary made sincere efforts to benefit the poor child
workers by entertaining their problems and giving them relief despite the limitations of locus
standi. The observations made by the judiciary in various decided cases show that it is always
committed to the cause of the child labour. Whenever a legal wrong or legal injury is caused
to the child labourers by their employers, the judiciary has come forward to help them despite
the locus Standi issue. The courts have always liberalized the concept of locus to meet the
challenges of time and provide justice to the child labourers. The efforts made in this
direction are quite evident from the decisions taken by the courts in some important cases like
People's Union For Democratic Rights (1982), Bandhu Mukti Morcha (1984), Neeraja
Chaudhary (1984) in which the apex court liberalized the rule of Locus Standi and given
their judgment that public interest litigation can be filed by any one, not the aggrieved
persons. The judiciary has protected the interests of the working children against exploitation.
The Judiciary has played a significant role in protecting child labour by delivering Judgments
in situations where there is no proper child labour legislation. The Apex Court has delivered
Judgment in Mohini Jain and Unni Krishan cases in which it held that Right to Education is
a Fundamental Right and no child can be left without providing education. Mr. Justice
Subba Rao, the former Chief Justice of India, rightly remarked. ―Social Justice must begin
with child unless tender plant is properly nourished; has little chance of growing into strong
and useful tree. So, first priority in the scale of social justice should be given to the welfare of
children.‖

CHILD LABOUR WELFARE AND JUDICIAL ACTIVISM

The judiciary has taken a stand when there is no proper enactment for the welfare of the
Child Labour and goes extent to look out the problems of them and some of these cases are
there in which judiciary considers as poverty is the reason for the exploitation of children and
other economic factor. In this situation we can leave the child in the condition of lurch and
they have judgement which gives us good lesson to the society for the welfare of the children.
In Labourers Working on Salal Hydro Project vs. State of Jammu and Kashmir and
others , Justice Bhagwati observed that construction work is a hazardous employment and
therefore under Article 24 of the Constitution, no child below the age of 14 years can be
employed in construction works by reason of the prohibition, enacted in Article 24 and this
constitutional prohibition must be enforced by the Central Government. In this case the
Honourable Supreme Court also agreed that child labour is a difficult problem and it is purely
on account of economic reasons that parents often want their children to be employed to
augment their meager earnings. And child labour is an economic problem, which can not be
solved by mere legislation. Because of poverty and destitution in this country it will be
difficult to eradicate child labour, so attempts should be made to reduce if not to eliminate
child labour because it is essential that a child should have be able to receive proper
education with a view to equipping itself to become a useful member of the society and to
play a constructive role in the socio-economicdevelopment in the country. They must
concede that having regard to the prevailing socio-economic conditions it is not possible to
prohibit the child labour altogether and infact, any such move may not be socially or
economically acceptable to large masses of people. That is why Article 24 limits the
prohibition against employment of child labour only to factories, mines or other hazardous
employments clearly construction work is a hazardous employment and no child below the
age of 14 years can therefore be allowed to be employed in construction work by reason of
the prohibition enacted in Article 24 and this Constitutional prohibition must be enforced by
the Central. In Lakshmi Kant Pandey vs. Union of India, the court held that it is obvious
in a civilized society, the importance of child welfare cannot be over emphasized, because the
welfare of the entire community, its growth and development, depend on the health and well-
being of its children. Children are a supremely important national asset and the future well-
being of the nation depends on how its children grow and develop. The great poet Milton put
it admirably when he said ―Child show the man as morning the day‖ and the Study Team on
Social Welfare said much to the same effect when it observed that the physical and mental
health of the nation is determined largely by the manner in which it is shaped in the early
stages. The child is a soul with a being, a nature and capacities of its own, who must be
helped to find them, to grow in their maturity, into fullness of physical and vital energy and
the utmost breath, depth and height of its emotional intellectual and spiritual being; otherwise
there cannot be a healthy growth of a nation. Now obviously children need special protection
because of their tender age and physique, mental immaturity and incapacity to look after the
usefulness. That is why there is growing realization in every part of the globe that children
must be brought up in anatmosphere of love and affection and under the tender care and
attention of parents so that hey must be able to attain full emotional intellectual, and spiritual
stability and maturity and acquire self-confidence and self–respect and a balanced view of the
role which they have to play in the nation-building process without which the nation cannot
develop real prosperity because a large segment of the society would be then be left out of the
developmental process.

CHILD LABOUR WELFARE AND RIGHT TO EDUCATION

The abolition of the child labour is preceded by the introduction of compulsory education;
compulsory education and child labour are interlinked. Article 24 of the Constitution bars
employments of child below the age of 14 years. Article 45 which is incorporated by the 86th
amendment in 2002 which gives the direction to the state to provide education to the child
below the age of six years. And the judiciary plays an important role in the making as
education as a fundamental right and the Judiciary gives a good judgement in the cases like
M.C Mehta vs. State of Tamil Nadu and others, Mohini Jain vs. State of Karnataka,
Unni Krishnan vs.State of Andhra Pradesh. In M.C. Mehta vs. State of Tamil Nadu and
others. The Honourable Supreme Court observed that working conditions in the match
factories are such that they involve health hazards in normal course and apart from the special
risk involved in the process of manufacturing, the adverse effect is a serious problem.
Exposure of tender aged to these hazards requires special attention. We are of the view that
employment of children in match factories directly connected with the manufacturing process
like uplift of final production of match sticks or fireworks should not, at all, be permitted as
Article 39 (f) prohibits it. In this case, Mehta‘s 1983 petition was first resolved by the
Supreme Court of India in the year 1990. Mehta argued that the employment of children in
the match and fireworks industry in Sivakasi was a violation of Indian‘sConstitution, the
Factories Act, 1948 the Minimum Wages Act, and the Employment of Children Act. The
Court, consisting of Chief Justice Ranganath Misra and Justice M.H, Kania, observed that
―employment of children in the match factories directly connected with the manufacturing
process upto final production of match sticks and fireworks should not at all be
permitted.‖188 The Court found that the employment of children in the production of matches
and fireworks violated the spirit of the Constitution of India, in particular its Directive
Principles of State Policy. The Supreme Court relied on articles 39(f) and 45 in making its
judgment.
In Mohini Jain vs. State of Karnataka, Kuldip Singh J. held that the right to education was
part of the fundamental right to life and personal liberty guaranteed by Article 21. This
sudden elevation of the right to education to the high constitutional pedestal created a
controversy. Aggrieved by this judgement some private educational institutions, which run
medical and engineering college challenged the correctness of that proposition and the matter
came before a larger bench consisting of Justices Jeevan Reddy, Pandian, Mohan, Sharma
and Barucha J in Unni Krishnan vs. State of Andhra Pradesh. In this case three questions
were raised for the court‘s determination namely (i) whether the Constitution of India
guaranteed a fundamental right to education to its citizen; (ii) whether a citizen of India had
the fundamental right to establish and run an educational institution under article 19(1)(g) of
the Constitution; (iii) whether the grant of permission to establish and the grant of affiliation
by a university imposed an obligation upon an educational institution to act fairly in the
matter of admission of students? The court‘s judgment delievered by Jeevan Reddy J, on
behalf of Pandian J. and himself. Two concurring judgment were written by Sharma J. and
Mohan J. Jeevan Reddi Justice, speaking on behalf of Pandian J. and himself, agreed with the
dicta of Mohini Jain that the right to education flowed directly from the right to life
guaranteed by article 21 of the Constitution. The judge, however, differed with the view
adopted by Kuldip Singh J, in that case on the content and sweep of that right. Mohini Jain
seemed to suggest that the citizens could demand that the state must provide adequate number
of medical college, engineering colleges and other educational institutions to satisfy all their
educational needs. Differing with this formulation, the judge observed: ―”The right to
education which is implicit in the right to life and personal liberty guaranteed by Article 21
must be construed in the light of the directive principle in Part IV of the Constitution…. The
three articles 45, 46 and 41 are designed to achieve the said goal among others. It is in the
light of these Articles that the content and parameters of right to education have to be
determined. Right to education, understood in the context of article 45 and 41 means (a)
every child/citizen of this country has a right to free education until he completes the age of
fourteen years and (b) after a child/citizen completes 14 years, his right to education is
circumscribed by the limits of the economic capacity of the State and its development. In
Bandhua Mukti Morcha v. Union of India Ors., (1984) 2 SCR 67, this Court held as
under‖ - ―”This right to live with human dignity enshrined in Article 21 derives its life
breath from the Directive principles of State Policy and particularly clauses (e) and (f) of
Article 39 and Articles 41 and 42 and at the least, therefore, it must include protection of the
health and strength of workers men and women, and of the tender age of children against
abuse, opportunities and facilities for children to develop in a healthy manner and in
conditions of freedom and dignity, educational facilities, just and humane conditions of work
and maternity relief. These are the minimum requirements which must exist in order to
enable a person to live with human dignity and no State - neither the Central Government nor
any State Government - has the right to take any action which will deprive a person of the
enjoyment of these basic essential.” The ―right to education‖, therefore, is concomitant to
the fundamental rights enshrined under Part III of the Constitution. The State is under a
constitutional-mandate to provide educational institutions at all levels for the benefit of the
citizens. The educational institutions must function to the best advantage of the citizens.

What need to done:

What needs to be done?

Given the magnitude and complexity of the problem and the relative ineffectiveness of the
government, many non-government organizations and collaborative efforts by the
government and non-government agencies are becoming more prevalent in recent years.
Though many organizations are focusing on eradicating child labour by mobilizing
community participation for universal primary education, there is a common attitude
prevailing in our country to accept child labour as an unavoidable consequence of poverty.
There is a need to formulate a holistic, multi-pronged and concerted effort to tackle this
problem. An integrated approach involving various strategies like poverty eradication
programmes, campaigns, budget advocacy, community action, engaging institutions of
governance for the ultimate attainment of the desired goal.

1. Poverty Eradication Programmes: Poverty has an obvious relationship with child

labour, and studies have "revealed a positive correlation - in some instances a strong
one- between child labour and such factors as poverty" (Mehra-Kerpelman 1996, 8).
With the growing gap between haves and have-nots, poverty eradication programmes
occupy a central position. The poor and needy should get their share in the
development process. There is need to create and implement pro-poor, inclusive
policies with strong political will. Caste is also an important determinant on child
labour. When analyzing the caste composition of child labourers Nangia (1987)
observes that, "if these figures are compared with the caste structure of the country, it
would be realised that a comparatively higher proportion of scheduled caste children
work at a younger age for their own and their families’ economic support" (p. 116).
Scheduled caste (lower caste) children tend to be pushed into child labour because of
their family’s poverty. Nangia (1987) goes on to state that in his study 63.74% of
child labourers said that poverty was the reason they worked (p. 174). The
combination of poverty and the lack of a social security network form the basis of the
even harsher type of child labour. For the poor, there are few sources of bank loans,
governmental loans or other credit sources, and even if there are sources available,
few Indians living in poverty qualify. Here enters the local moneylender, for an
average of two thousand rupees, parents exchange their child’s labour to local
moneylenders (Human Rights Watch 1996, 17). Since the earnings of bonded child
labourers are less than the interest on the loans, these bonded children are forced to
work, while interest on their loans accumulates. A bonded child can only be released
after his/her parents make a lump sum payment, which is extremely difficult for the
poor (Human Rights Watch 1996, 17). Even if bonded child labourers are released,
"the same conditions of poverty thatcaused the initial debt can cause people to slip
back into bondage" (International Labour Organization 1993, 12). Even though
poverty is cited as the major cause of child labour, it is not the only determinant.
Inadequate schools, lack of schools, or even the expense of schooling leaves some
children with little else to do but work. The attitudes of parents also contribute to
child labour; some parents feel that children should work in order to develop skills
useful in the job market, instead of taking advantage of a formal education. This
abhorred practice is accepted as being necessary for poor families to earn an income.
Thus, an 12 extensive reform process is necessary to eliminate the proliferation of
child labour in India which strives to end the desperate poverty in the nation.
Changing the structure of the workforce and hiring the high number of currently
unemployed adults in greatlyimproved work conditions is only the first step in this
lengthy process. Emergency relief should give attention to the rehabilitation of
agriculture, live stock and fisheries. New labour standards and wages must be
adopted and medical examinations and minimum nutrition requirements must be
established in India.
2. Campaign for strict implementation of Legislations:
NGOs and voluntary organisations can do an intensive campaign to spread across the
civil society organisations through networking to draw the attention of the policy
makers, implementators and the community. The organisations working on any issues
should involve in the campaign by putting the problem of child labour on the prime
 agenda. The campaign should focus on the effective implementation of the various
legislations. The strategies should be aimed at change at the local, provincial, national
and/or international levels. NGOs can play a pivotal role in the process of
universalisation of education by adopting innovative approaches to quality education.
Effective implementation of National Rural Employment Guarantee Act (NREGA)
would translate the Right to Work as envisaged in the Article 41 of Indian
Constitution to a statutory legal right. The NREGA heralds a promising era in
poverty alleviation. Poverty is not just income deficiency; the need for enabling
environment both physical and psychological needs to be addressed. The works are
necessary for the rural agriculture economy that has the potential to get this poor
deprived community out of poverty. Hence there is a need to get active during the
implementation of the various legislations.
3. Budget Advocacy: The organisations need to take up the issue of budget analysis and
advocacy for budget allocation for the implementation of the policies. Most of the timethe
policies are formulated without proper budget allocation which affect the process of
implementation. Budget analysis is an advocacy tool for developing public understanding on
policy priorities of the Government which will have a greater impact on those who have little
political influence (poor and marginalized). It is important to scrutinize the Government
Budgets from the perspective of child development. Mere analysis of the 13 Budgets alone
cannot influence the policy making unless it is supported by proper public action or advocacy
to promote the findings in public forums so as to influence the common mindset. This would
eventually empower the people to seek Governments’ accountability. It will give widespread
information about the performance of the Government and can also become a ground for
creating public pressure on the issues that affect the children. There is a need to establish a
strong lobby body or platform to workwith Government to increase allocation of budget for
children. Coordinated and collective effort from the NGOs and Civil Society Organizations
strengthen the budget allocation for children. This process would provide a large operative
space and public support to the child labour campaign. 93rd constitutional amendment to the
constitution made the right to education as a fundamental right is an opportunity to strengthen
the campaign. The main motto of the campaign should be to change political attitudes by
socializing the issues of children at the community level.
4. Community Action towards Child Education: There is need to bring about wide spread
public awareness towards initiating community action in promoting school enrolment.
Education helps a child to develop cognitively, emotionally and socially, and needless to say,
education is often gravely reduced by child labour. We need to create a conducive climate in
which community people at large would not tolerate the child labour in any form any more.
There is need to bring about awareness among the poor parents so that they will develop a
willingness to make any sacrifice to get their children educated. It is possible only when they
are convinced about the significance of education. Once the child is released from labour, the
child should be admitted either to formal education or to informal education depending upon
various factors like age, level of understanding. This should be accompanied with vocational
training depending upon their own choice. Preparation should also be made for sustaining
education outside of formal school buildings, using community facilities and strengthening
alternative education through a variety of community channels. Influence and sensitize the
political parties to include child education and eradication of child labour in their election
manifesto. Through training and capacity building of central care givers, including 14
parents, teachers, and community health workers, a diversity of programmes can enhance the
community’s ability to provide education to children.
5. Engaging Institutions of Governance: The institutions of governance at grass root can
monitor the policies, programmes and laws to ensure protection of children’s interests and
rights. Gram Panchayat can play a responsible role in identification of theprojects in the
Gram Panchayat areas and allocate employment opportunities to the needy. It can also ensure
child participation and choice in matters and decisions affecting their lives. There is need to
create community monitoring system through their effective participation in the Gram Sabha.
Strengthening community participation in the whole process by way of conducting regular
social audits of all the programmes is a prerequisite. In doing so they seek authorities
accountable and transparent towards effective implementation of various government
programmes meant for child education and eradication of child labour.
Conclusions and Suggestions
Unless there are socially conscious policies in the country, the policies won’t make that
much of a difference. It is still true that things are not very good for children. Child rights
need to be actively respected rather than simply acknowledged, and we must admit that more
than the passage of laws and publicizing the same to stimulate the kind of debate in such a
way that leads to attitudinal change. The problem of child labour can be best addressed by
adopting various strategies ranging from enrollment and retaining children in the school,
income generation avenues for adults, poverty eradication programmes simultaneously.
Awareness generation in the society towards universalisation of primary education. The need
of the hour is that the Government should ensure all measures and an enabling environment
for survival,
growth, development and protection of all children, so that each child can realize his or her
inherent potential and grow up to be a healthy and productive citizen. This calls for collective
commitment and action by all sectors and levels of governments and 15 partnership with
families, communities, voluntary sector, civil society and children themselves.

UNIT-IV

Question:1 Role Of Judiciary In Protection Of Child Rights In India

Children are the priceless assets of mankind. They must be spruced from a young age. They
take over from elders, the responsibilities of developing, maintaining, and transmitting
civilization and facts and features of civilization, culture, humanity, personality, social,
ethical, and aesthetic values, and norms of a society.

They are the future. Thus, the welfare and protection of children are of utmost need not only
for the children but also for a better and well-developed society.

The role of the judiciary to provide justice to juveniles is crucial. Juvenile justice is a legal
framework that defines justice for juveniles under the legal system of India. The system gives
special treatment and protection to juvenile delinquency. At present juvenile crimes is
increasing and thus is giving rise to the question of whether juveniles or children should be
tried as adults. The issue needs to be focused upon.

The government, in this regard, has laid various legislations and rules along with several
conventions at the global level. The universal concern for the well-being and security of
children began in 1924 with the declaration on The Rights of the Child, the first convention
of the League of Nations, adopted by Geneva.

Several children are subjected to victims of sexual abuse, abduction, ruthless beating, drug
addiction, mental and physical abuse, trafficking, exposure to several viruses and diseases
and have a life with no future scope. Pamela Shifman, Associate Director of Equality Now a
U.S Based International Human Rights Organisation, said at a Discussion on Initiatives
against Trafficking in Women and Children' organised at American Centre, Mumbai that:
The 21st century brings with it some of the dark realities of the last century concerning the
commercial sexual exploitation of children. Children worldwide are deprived of their human
rights, dignity and childhood through child prostitution, child pornography and other forms of
exploitation.

Considering the above-named facts, the General Assembly on 20th November 1989 adopted
the United Nations Convention on the Rights of the Child (UNCRC) which came into force
on 2nd September 1990. On 11th December 1992, India added the Convention. The UNCRC
outlines the essential ingredients of human rights that ought to be followed.
 Broad classifications are made that covers all civil, economic, social, and cultural rights
of each child, namely:
i. Right to Survival:

Right to born; Right to minimum standards of food, shelter, and clothing; Right to live
with dignity; Right to health care, to safe drinking water, nutritious food, a clean and
safe environment, and information to help them stay healthy.
 

ii. Right to Protection:

Right to be protected from all kinds of violence; Right to be protected from neglect;
Right to be protected from physical and sexual assault; Right to be protected from
dangerous drugs; Right to participate.
 

iii. Right to Freedom of Opinion:

Right to freedom of expression; Right to freedom of association; Right to information;

Right to participate in any decision making that involves him/her directly or
indirectly; Right to Development.
 

iv. Right to Education:

Right to learn, Right to relax and play; Right to all or any sorts of
development:emotional, mental, and physical.

Adding to the Convention, an International Criminal Court has been established on 17th July
1998 to safeguard the interests of women and children. One of the enshrined principles of
UNCRC provides the right to identity and family to a child.

The intensive mobilisation of acts due to the impact of the Convention has improved the lives
of youngsters around the world. The addition of the Right to Education Act (RTE)
accelerated the method of improvement of the lives of youngsters leading to the expansion of
educational opportunities around the world. India enacted RTE in August 2009. It states that
education is a fundamental right of every child who is between 6 and 14years of age. No
child ought to be held back, expelled, or is needed to pass a board examination till the
completion of education.

Also, a provision has been created to bring up dropouts equivalent to their contemporary
students. Children across the globe fail to complete their education because they do not have
the means to buy schooling. They face discrimination, violence or are bullied or earning
becomes the priority than education to sustain their lives.
The Constitution of India binds with Articles that are directly related to child rights,
they are:

i. Article 15 (3):
Requires the state to form special provisions for youngsters
ii. Article 21-A:
provides free and compulsory education to all or any children of the age 6:14 years as
determined by state law.
iii. Article 23 prohibits the trafficking of citizenry including children.
iv. Article 24 mandates that no child below 14 years can add any hazardous occupation
or industry.

Directive Principles of State Policy that are related to child rights are:

i. Article 39(a) & (f) direct that the state policies are directed towards securing the
tender age of youngsters.
ii. Article 45 states that the state shall endeavour to supply infancy care and education
for all children until they complete the age of six years.
iii. Article 51-A says that it shall be the elemental duty of the parent and guardian to
supply opportunities for education to his child or because the case could also be, ward
between the age of six and fourteen.

The Indian Penal Code (IPC), 1860, section 82, states that no child below the age of seven
would be held criminally responsible for an act as he is not capable of understanding the
frequency or the consequences of an action. Section 83 provides for children of age up to 12
years with mental disability relief from criminal responsibilities. Concerning protection
against kidnapping, abduction, and related offences the given age is 16 for boys and 18 for
girls. To give sexual consent, a girl must be of 16 years, unless she is married, in which case
the prescribed age is no less than 15.

The Prohibition Of Child Marriage Act, 2006, came in effect from 1 November 2007,
states the age of marriage 21 for boys and 18 for girls.

The Juvenile Justice (Care And Protection) Act, 2000 is enacted as human rights
legislation in all states uniformly. The act repeals the entire children' s act enacted by stated
individually. The act deals with Juvenile in conflict with law, defined under section 2(1)
and juvenile in need of care and protection, defined under section 2(d). Section 2(k) of the
Act defines child as any person who has not attained the age of 18 years of age. Juvenile
justice aims to segregate them from adults, according to their treatment as per their age and
legal status, and reform and rehabilitate prisoners.

In the case Sheela Barse v. Union of India, Sheela Barse a social worker took u case of
helpless children below the age of 16 years detained illegally in jails. The issue of the case
was whether by disallowing interview of prisoners, the fundamental rights of the petitioners
(Sheela Barse and others) as stated under Article 19(1)(a) and Article 21 of the Indian
Constitution were infringed by the authorities and whether an uncontrolled interview of
prisoners was permissible as contended by the petitioner. The apex court of India held that
public access should be granted to the prisoners as per the fundamental rights stated in Article
21 of the Indian Constitution.

The interviews become necessary for correct information regarding prison and its conditions.
The interviews would be cross-checked with competent authorities to prevent the
dissemination of wrong information. Finally, the court held that the petitioner is liberal to
make an application for interview of prisoners to prescribed authority and once such an
application is made, it shall be restraint consequently by the jail authorities and subject to
public order, decency, and morality.

In the case Sheela Barse v. Secretary Children's Aid Society, the appellant filed a writ
petition in the Bombay High Court. The appellant stated that children at the aforesaid
observation home were forced to work without remuneration and were indulged in hazardous
employment. The issues raised were whether or not Children's Aid Society fell within the
ambit of the expression the state according to Article 12 of the Indian Constitution and
whether the employment of children in the Observation Homes is unlawful.

The Supreme Court held that the Children' s Aid Society fell within the expression of the
State as stated in Article 12 of the Indian Constitution and employment of children in the
Observation homes without remuneration is not illegal per se. The act ensures protection of
the child's rights throughout the process of arresting the child, inquiry, aftercare and
rehabilitation. It avails legal aid and a qualified interpreter or translator throughout
proceedings.
The act's objective is to amend laws and consolidate children in conflict with the law, and
children in need of protection and care by providing proper assistance, legal aid, protection
and treatment by catering for their developmental needs.

The Child Labour (Prohibition And Regulation) Act, 1986 defines a child to be a person
of age less than 14 years. The same age limit to work is stated in the Motor Transport
Workers Act, 1962 and the Beedi and Cigar Workers (Conditions of Employment) Act, 1996.
Whereas the FACTORIES ACT, 1948 and PLANTATION LABOUR ACT, 1951 defines a
child to be less than 15 years of age and an adolescent who has completed the age of 15 but
not 18.

Factories Act allows adolescents to work in factories, but not more than half a day provided
they are medically fit. The aim is to eradicate abuse of children in any form of employment
and prevent them from engaging in hazardous employment.

In the case MC Mehta v State of Tamil Nadu, the main issue was to provide effective
alternative means to curb the employment of children in hazardous jobs along with issues
related to education, growth, and development of children. The supreme court stated that
children should not be employed in hazardous jobs and the manufacturing of fireworks or
matchboxes as there is a risk to their life. Steps are required to be taken to monitor and boost
the quality of life of children.

The Protection Of Children From Sexual Offences Act (POCSO), 2012 protects children
(male and female) from any kind of sexual abuse, offences, exploitations, and harassment.
Special courts, under the act, are established, that deal with such cases without revealing the
identity of the child. The act subsumes friendly procedures to approach children such as
recording statements of the child at his/her residence, or any place preferred by the child.

A women police officer is preferred for recording statements. The officer should be civil and
not in uniform. No child is to be detained at a police station at night. Medical examination of
the child would be conducted only in the presence of a parent or person in whom the child
has trust. Frequent breaks for the child while trial and should not be called repeatedly for
testification. No aggressive questions or character assassination.
Conclusion
A sapling must have good soil to grow strong. Infertile soil will not bring forth splendid fruit.
The judiciary has always made concrete efforts to improve and safeguard the conditions of
children. It has directed the states that they must create such an environment where the child
workers can have opportunities to grow and develop in a healthy and friendly environment
with full consensus of the mandate of the Indian Constitution.

Question:2 institution and bodies of juvenile

Answer:

Abstract
India is a home to almost 19 % of the World’s children. More than one third of the country’s
population is below 18 years. The children are considered as the future productive citizens of
the country, therefore it is necessary to make them healthier, educated, protected and well
developed. 40% of India’s children are vulnerable to or have difficulties in living a normal
standard life. Juvenile Delinquency is a subject which attracted the attention of the law
makers in India for over the last 150 years. The subject is a sign of sick society.
Overcrowding in cities increasing number of slums, gambling, drinking etc are some of the
factors responsible for the delinquency rate. Indian society in general though rural in
character, cannot escape the impact of urbanization resulting in crime and delinquency. The
internal and external environment or the psycho-pathological elements in the individual play
an important role in shaping the child’s future. The future of Juveniles is not dark, but needs
proper long term perspective and planning. The’ right to life and personal liberty ‘is the most
precious right guaranteed under our Indian Constitution. This right is curtailed when a person
is sent to institutions but it is necessary for such action from a reformation point of view. As
Gandhiji said a ‘person cannot be corrected by hate but by love and affection’ especially
when it comes to children. This paper discusses the children who are in need of care and
protection, who if not dealt with will lead to great social problems in the near future. In spite
of several dilemmas of correctional administration this paper tries to reflect the various
treatment methods (Institutional and non-institutional) for the juveniles in India. The
Correctional Institutions are to be looked upon as hospitals and the children in need of care
and protection as the patients, what is needed is a just treatment to make him/her fit for the
society.

Keywords: institution, juvenile, cicwl, cinocap, cwc, jjb, children’s home, special home,
foster care, after care hostels

Introduction
“I am the Child, all world waits for my coming, all earth watches with interest to see what I
shall become, Civilization hangs in the balance, For what I am, the world of tomorrow will
be. I am the child, you hold in your hand my destiny, You determine, largely, whether I shall
succeed or fail, Give me, I pray you, these things that make for happiness, Train me, I beg
you, that I may be a blessing to the world”

Maime Gen Gole

Each and every child in society irrespective of cast, creed, color, sex, region and status
wishes as stated above, but as we know that every child is not born with a silver spoon in its
mouth. There are children who don’t have parents or anyone to take care of them, there are
some who have parents but are unable to take care of them. In the absence of parent or
guardian it is the responsibility of the state to take care of such children. Apart from this the
State is also responsible to take care of the Juveniles who are in conflict with the law as there
are two sections under IPC which are part of general exceptions. Juveniles in India are
categorized in two groups, one which comprise of CINOCAP (Child In Need Of Care and
Protection) and the other CICWL. (Children in Conflict with Law) In both cases children
means a person who is below the age of 18 years.1 The Juvenile Justice policy in India is
structured around the constitutional mandate prescribed as per Articles 15(3),39(e) and (f),45
and 47 and also the UN Convention on the rights of the Child (CRC) and UN Standard
Minimum Rules for Administration of Juvenile Justice (Beijing Rules). The problematic
children can be classified as vagabonds, orphans, destitute, beggars, truants, mischievous
children and children who are in conflict with law (girl /boy below the age 18 years and who
has committed an offence).This is the category which needs to be attended so that the future
of the country is in safe hands, as it is said that the future of one’s country is in the hands of
its youth. Corrections may be institutional or non-institutional.

The goals of corrections include

a. Reformation
b. Humanization
c. Recognition of the rights
d. Reorientation of institutions
e. Introduction of scientific methods etc.

Figure 1 shows Institution is a government or a registered non - governmental organization or

a voluntary organization prepared to own the responsibility of a child (person who has not
completed the age of eighteen years) and such organization is found fit by the competent
authority. These institutions are set at every district (in some places it is for group of districts)
separately for girls and boys. Each and every institution should have a separate residence
facilities for different age groups with minimum requirements of dormitory, workshop,
classrooms, dining hall, recreation room, library, playground equipped with adequate
lighting, ventilation, sufficient treated drinking water, clean bathrooms and toilets, heating
and cooling arrangements, fire extinguishers, first-aid kits etc. Every institution has a
management committee which manages or monitors the progress of the institution (every
juvenile).The committee consists of the DCPO (District Child Protection Officer) who is the
Chairperson, Officer-in-charge who is the member Secretary, and Probation Officer/Child
Welfare Officer/Case worker who is a member of the committee. The other members of the
committee are - medical officer, Counselor / Psychologist, Workshop supervisor, teacher,
Social worker who is a member of the CWC or JJB, Juvenile representative and voluntary
organizations providing services are special invitees.2
Figure 1 Classification of Juvenile.
There are two separate committees to handle the problematic children.

A. CWC-Child Welfare Committee-comprises of five members, one is the chairperson

and others are the members (atleast one member should be a women),
B. JJB-Juvenile Justice Board-comprises of three members, a metropolitan Magistrate
who has special knowledge of the child welfare /social welfare and two social
workers out of which one should be a women representative.

Once the children are instutionalized by the above committees they are kept in either of the
institutions like Children’s Home, Observation Home, Special Home, After-Care Hostel, Fit
Institution or they can be given for adoption /foster care Figure 2 & 3.

Figure 2 Classification of Child in Conflict with Law.

Figure 3 Classification of Child in Need of Care and Protection.
Statistics of Juveniles

There are a total of 815 Juvenile homes in India. They are overcrowded as the number of
juveniles accused and need counseling is 1.7 million. The crimes committed by juveniles are
on an increasing trend as reported by the National crime record bureau.3,4 The number of
crimes committed by juveniles in the year 2001 was 16509 which has increased to 25125 in
the year 2011, that is to say that there is an increase of 65.7% in a decade. Going to the state
wise statistics on juveniles in the year 2011 it is found that Madhya Pradesh has the highest
number of juvenile crimes of 4997 followed by Maharastra - 4775.

Role of the police in Juvenile justice

The police as an organization play its role in three different levels. At the state level the
Inspector General of police is the Nodal Officer, then at the District /City level there is SJPU
(Special Juvenile Police Unit) headed by the SP and at the police station level there are
Juvenile or Child Welfare Officers (JCWO). When the police apprehend the Juvenile, the
case may be disposed if it is petty offence, juveniles may be apprehended in non-serious
offences in the interest of the child and in case of serious offences the juvenile is
apprehended.5 On apprehension the juvenile is not to be handcuffed or sent to jail instead the
juvenile is to be handed over to nearest JCWO. Later information is to be given to the parents
and probation officer to obtain Social Investigation Report. The parents must be informed in
detail regarding the date, time and place, need of surety and bail bond, give a copy of the
police report and asked to produce the proof of juvenility. Before the juvenile is handed to the
JCWO it is the responsibility of the police to look after the food, safety and other amenities
and to see that the juvenile is produced before the Board within 24 hours.

Children’s home

There are established by the State government or in association with the voluntary
organizations, in every district (or group of districts) for the reception, care, treatment,
education, training, development and rehabilitation of the child in need of care and
protection.6 They are registered as child care institutions and certified. Children of both sexes
below the age of ten years can be kept in a single home but facilities may differ from age to
age i.e. facilities for infants differ from those above the age of five years. For children above
the age of ten years separate institutions must be set up for boys and girls. The main objective
of the children’s home is to promote an integrated approach to child care by involving the
community and NGO’s.

Shelter homes

The State government assists the voluntary organizations to set up and administer homes
where a child is brought and kept in emergency by any police officer/SJPU/any public
servant/child line/voluntary organization/social worker/public/child him self. Shelter Homes
include short stay homes (temporary stay for a maximum period of one year), Transitional
Homes (immediate care for a maximum period of four months), 24 hours drop in centres (for
day care or night shelter) There shall be separate shelter homes for girls and boys with
minimum lodging and boarding facilities.

Adoption

When the child is in the children’s home the committee shall give the child in adoption to a
family who is willing and capable to take full responsibility of the child. (Provided all the
conditions of JJ Act and the Adoption Act are fulfilled). The primary aim of adoption is to
provide permanent substitute family to a child whose biological parents are not able to take
care.

Foster care

Children from children’s home may be placed or given the responsibility of care and
protection to other families for a short or temporary period. During this the child’s own
parents can go and meet the child and also the child may return to his own family. Foster care
can be provided only to those children who cannot be given in adoption. The foster parents
must be emotionally stable, financially sound, medically fit and must be able to take care of
the child. There shall be no discrimination of caste, religion, ethnic status etc but decision
will be taken in the best interest of the child.7

Sponsorship

It’s a supplementary support provided to children’s home, special home or to the families to
meet the medical, educational, nutritional and other needs of children. It may be individual,
group or community sponsorship.

After-care hostels

Set up by the State government for juveniles above 18 years of age and those who leave the
children’s home and special home. The maximum period of stay is three years i.e. up to the
age of 21 years. The programme encourages providing vocational training to gain
employment and gradually sustain themselves without any support. A stipend will be
provided during the training period and also loans may be arranged to set up entrepreneurial
activities. Children in these institutions must be provided with the following facilities:

a. Accommodation along with bedding and clothing (4-6 sets per year).
b. Sanitation and hygiene - Water facility for drinking and cleaning
c. Proper drainage system, sufficient toilets and bathrooms
d. Diet - 4 meals a day (special diet for sick, special meals on holidays and festivals)
 e. Medical - monthly medical check-up
f. Drug abuse preventive programmes etc

Education - Arrangements for inside and outside the institution, extra coaching classes. Daily
routine including physical exercise, recreation, vocational training etc. The fundamental
principles of Juvenile Justice System are:

A. Principle of presumption of innocence.

B. Principle of dignity and worth.
C. Principle of right to be heard.
D. Principle of best interest.
E. Principle of family responsibility.
F. Principle of safety.
G. Positive measures.
H. Principle of non-waiver of rights.
I. Principle of equality and non-discrimination.
J. Principle of right to privacy and confidentiality.
K. Principle of last resort.
L. Principle of fresh start.
M. Principle of repatriation and restoration.
N. Principle of non-stigmatizing semantics, decisions and actions.

Probation officers play a vital role in Juvenile Justice System. They must be a friend,
philosopher and a guide to the juveniles. Once the juveniles are handed over by the SJPU
they are under the probation officers. The PO is appointed by the State government. Honorary
PO is appointed by the voluntary organizations.8 As already stated the future of the juvenile is
the hands of the probationary officers. After the juvenile is apprehended the PO has to collect
information of antecedents and family background, School and work record, neighborhood
information of the juvenile, prepare the investigation report, take a photograph of the
juvenile, supervise the juvenile in case of bail/at the time of final order/post release, assistant
the institution. When a juvenile is placed under a PO he is the case worker, and has to prepare
the care plan and follow up of the juvenile. They should also assist the juvenile to develop
contact with the family, assist the family members, visit place of residence
school/occupation, help in social reintegration (by establishing linkages with voluntary
organizations) and follow up the juvenile even after release.

On reception of the juvenile a thorough search is made, given bath and hair cut (if necessary)
all his belongings are disinfected and kept safely. Juvenile is issued with necessary items like
clothes, bedding, soaps etc. Medical examination is made and if necessary treatment is given
in case the juvenile is suffering from any contagious or infectious diseases.9 Later the juvenile
is placed in the prescribed place of residence and his daily activities of education and other
necessary routine work are taken care of.10,11 The juveniles are provided with facilities of
communication (to talk with their parents/relatives), visit by the parents/guardians and also
leave facility where the juvenile is escorted either by the parents or the PO. If the juvenile
escapes during leave than the case must be reported to the nearest police station.

Suggestions
As it is the state‘s responsibility to take care of the children of both the categories i.e. the
CICWL and the CINOCAP, the urgent need of the hour is to identify the areas contributing to
it and plan a strategy to prevent by overcoming the reasons leading to delinquency. The State
must be in such a position so as to handle such cases, therefore plan to provide the basic
requirements to these children as required. Preventive action must be planned so as bring
down the rate of Delinquency. Adequate well trained staff to be recruited to meets the
increasing demand and curb the problems of delinquents.

Conclusion
Rehabilitation and social reintegration of the child is the primary object which is discussed in
the earlier part of the paper i.e. adoption, foster care, sponsorship sending the child to an
after-care organization. The purpose is to restore dignity and self confidence among the
children and bring them back to a normal family life. Every child in the country has a
legitimate claim and is entitled to its share in the finances of the Republic for harmonious and
comprehensive development of its personality. As a plant needs protection, nourishment and
proper environment to grow into a big fruit - bearing tree, a child also needs protection,
promotion, nourishment and proper environment to grow into a useful and responsible
citizen. Proper Health, Education and Environment for the children are the imperative needs
of the hour.

Children are the supreme asset of any nation; they are the greatest gift to Humanity. Children
are the potential and useful human resources for the progress of the country. Children are
innocent, vulnerable and dependent. The Constitution of India articulates the concern for the
children as per the Articles 15, 24, 39(e), 39(f) 47, and 51A with special reference to Article
39 (e) which indicates The State is the guardian of the Health and Strength of the children.
Therefore, they are to be provided with all necessary facilities and atmosphere to grow into
responsible and useful citizens of the country. For full and harmonious development the child
should grow up in a family environment, in an atmosphere of happiness, love and
understanding. Apart from globalization, liberalization, modernization and privatization there
should be another important element - Humanization, so that the Human Rights violations
including the violations of the Rights of the Children. Children being the supreme asses of the
country, they are to be looked after and groomed well.

Question:3 health care system?

Answer:

Introduction

Children are the hope of their parents and simultaneously important assets for future
development of any nation. Therefore, every nation must pay full attention to its children to
ensure that they are given proper care in a congenial atmosphere where they will receive
adequate opportunities and facilities for proper education. guidance and training for their
overall development to become good citizens in future.

The growth and development of children into mature and happy persons with attractive
personalities mainly depends upon the care and attention they receive from their respective
parents and the society in which they live. If a child does not get proper education. diet and
other basic amenities in formative years. it is obvious that his or her very development into a
self-sustaining being is retarded. So, it becomes the duty of every State to protect children's
right by legislative and other means With the realisation of this important aspect of child's life
in today's complex world. much interest is being shown in respect of welfare and
development of children both at national and international levels. However. the present study
focuses on those Child Welfare Schemes and Projects implemented by the Central and the
State Governments with special reference to Aizawl District of Mizoram.

Child Welfare Schemes and Programmes at the International Level

Since its inception as an international body in 1945, the United Nations (UN) was concerned
with the needs and problems of children and other vulnerable groups resulting from the
Second World War. At the beginning. its programmes were remedial and rehabilitative in
nature. However, the emphasis had been shifted from remedial to preventive and
development approaches in social welfare with the joining of the UN by a larger number
developing counties and those liberated from colonial rule were admitted as its member.

The most important contribution of the UN regarding Child Welfare and

Development is the creation of United Nations Children's Fund (UNICEF) by the General
Assembly on December 11, 1946 to provide massive emergency relief to the destitute young
victims of the Second World War. The Fund began to focus its attention on the widespread
malnutrition, diseases and illiteracy afflicting millions of children throughout the developing
world.? Accordingly, the UNICEF promotes and augments the available resources for the
success of "Child Survival and Development Revolution." Though the UNICEF relies on the
contributions from member-Governments and private donors, its contribution in child welfare
in India has been significant. The UNICEF has given assistance for rural primary health
centres, pre-vocational training. Integrated Child Development Services Projects.

Applied Nutrition-Programme, children in difficult circumstances etc.

After signing the Framework of Basic Agreement with India in 1978. The UNICEF Projects
are being implemented in India through various Ministries and Departments dealing with
children which includes Ministry of Women and Child Development. Department of
Elementary Education. Department of Family Welfare and NACO. Ministry of Social Justice
and Empowerment. Ministry of Labour.

Ministry of Information and Broadcasting. Ministry of Youth Affairs and Sports. and
Department of Drinking Water Supply (Rajiv Gandhi National Drinking Water Mission). As
the nodal Ministry. the Ministry of Women and Child Development coordinates the
implementation of the Master Plan of Operations (MPO) which. inter slid. aims at improving
the care and protection of children, levels of their nutrition and ensuring universal elementary
education. The nodal Ministry conducts periodic review meetings to coordinate and monitor
the implementation and expenditure of the UNICEl programmes in India.

The International Labour Organisation (ILO), which was created under the League of Nations
in 1919, aims at improving labour conditions, raising living standards and promoting
economic and social stability. ILO also aims at promoting social justice and peace. It assists
states for prevention. treatment and rehabilitation of working children through child welfare
programmes, social security measures and anti-child labour measures etc. *

World Health Organisation (WHO has assisted India in developing child health services as an
integral part of maternity and child welfare and nutritional services.

The Food and Agriculture Organization (FAO). founded in 1945. has played an important
part in increasing food production and taking measures aimed at development of rural
families with particular reference to women and children. It also helps the people of the world
in their continuing fight against hunger and malnutrition. This has been sought to be done
through the People's Action for Development (India) (now CAPART and the
World Food Programme

The United Nations Educational, Scientific and Cultural Organization (UNESCO) helps to
develop text books and promotion and teaching of national languages to the children of
migrant workers, training of staff for pre-school children and assists projects to set up
production of children's books and libraries especially for destitute children. A National
Commission on UNESCO is functioning as part of the Ministry of HRD in India.

The UNESCO and the ILO have helped India in child education and prevention of child
labour respectively. The International Union for Child Welfare, CARE. Children Christian
Fund. India Sponsorship Committee, CASP. PLAN.

USAID, Norwegian Agency for Development and other international voluntary agencies
have taken keen interest in developing child welfare services in India.

Besides these. the other international agencies contributing towards women and child
development in India are: Swedish International Development Authority
(SIDA) and the Canadian International Development Agency (CIDA). However. the efforts
of the international bodies are only supplementary to the national effort. It would be
necessary to get assistance from different agencies for the benefit of the children.'

Child Welfare Schemes and Programmes in India

During the British rule in India, Child Welfare Administration included only cducation,
maternity and child welfare services. In the absence of proper institutional arrangements from
the Government side, various voluntary agencies had shouldered almost all the
responsibilities for ensuring welfare and development of children in the country. During
those tedious years, child welfare and development including social welfare in India are
suffering from over three decades of neglect and under funding. When the Constitution of
India was enacted after independence. Child Welfare Administration was taken over by the
Central and the State Governments. It was only after the setting up of Planning Commission
in India in 1951 that child welfare and development started receiving greater attention. Even
the contents of the succeeding Five Year Plan Documents of the Planning Commission have
emphasised the importance of accelerating child welfare and development of the nation. So.
in order to cater to the needs of thousands of children. Government of India has widened the
scope of child welfare to include various recreational activities like playground, holiday
homes. libraries, clubs. children's home etc.. treatment of psychological problems through
child guidance clinic or education and welfare of special children like handicapped.
abandoned. delinquent. orphaned, working children etc.

Financial Assistance to Dependent Children:

This scheme was initiated to provide assistance to orphan and destitute children below the
age of sixteen whose parents are unable to maintain them due to some chronic discase or
permanent disability. but to no more than two children in a family, preference being given to
the school going children.

(2) Maintenance of Orphan and Destitute Girls:

The State Government is to provide free of cost maintenance to orphan girls between the ages
of 6-16 years at Bal Bhawan Jalandhar.

(3) Foster Care Services Scheme:

In 1961. Foster Care Services Scheme was started for providing destitute, orphan and
unattached children proper physical, mental and emotional growth and a normal family
setting thus eliminating the ill effects of impersonal treatment of institutionazation.

(4) State After Care Home for Boys:

Among the States of the Indian Union. Ludhiama (started in 1967-68) for orphan and
destitute boys between the age group of 16-21 years, discharged from correctional or non-
correctional institutes to provide education and training in various crafts.

(5) Implementation of the East Punjab Children Act. 1969:

The Act provides for the setting up of institutions for admission of the destitute. delinquent
and school dropouts between the age of 8-16 vears as well as those who, due to immaturity,
commit some crimes, for preparing a congenial atmosphere for their physical and mental
development. This is to enable them to develop into normal and law abiding citizens. Such
children are. in the first instance. admitted in the Reception-cum-observation Homes, where
the Superintendent prepares their case history and produces them before the children's Courts,
which order either for their restoration to their parents or transfer to a certified school.

(6) Special Nutrition Programme:

The programme provides protein diet to the children in the age group of 0-6 years and
expectant and nursing mothers for a period of 33 days in a year.

(7) Familv and Child Welfare Project:

This project caters to the needs of children up to the age of 5years and women living in rural
areas. Children are provided preschool education and refreshment while in Balwaris: camps
are arranged for girls and women in rural areas where they are taught home craft, mother
craft. poultry and dairy keeping etc.

(8) Integrated Development Services Scheme (IDSS):

This Scheme provides free package of services namely supplementary nutrition.

immunization health and nutrition education. health check-up. non-formal preschool
education and referral services to children below six vears. It is a centrally sponsored scheme
and was first introduced in Nurpur Bed Block of the State in

1975-76. Since then it has been extended to other blocks and slum areas in Amritsar.
Jalandhar. Ludhiana and Patiala. The scheme has brought substantial benefits to the children
and mothers particularly those belonging to poor socio economic groups in reducing infant
mortality, improving health and nutritional status of children and providing preschool
education for children."

Role of Government of India in Child Welfare and Development

The long reign of the British rule and the consequent struggle for freedom by the Indians
against the colonial rulers had far-reaching consequences on Child Welfare and Development
in India. When India got Independence in 1947, the Government recognised the need for
providing Child Welfare and Development services as an essential pre-requisite for the
development of India as a new nation.

Hence, Child Welfare and Development has become one of the most important priorities
almost in all sectors of development planning.

The adoption of National Children's Policy and creation of National

Children's fund by the Government of India is an evidence of the nation's concern and interest
in child welfare and development. Launching of Integrated Child Development Services
(ICDS) Scheme in October 2. 1975 in the country was-to improve the nutrition and health
status of children in the ase group of 0-6 years: to lay the foundations for proper
psychological. physical and social development of the child; to reduce the incidence of
mortality. morbidity. malnutrition and school drop lay the foundations for proper
psychological, physical and social development of the child: to reduce the incidence of
mortality, morbidity, malnutrition and school drop outs: to achieve effective coordination of
policy and implementation amongst the various departments to promote child development;
and to enhance the capability of the mothers through proper nutrition and health education,
for looking after the normal health and nutritional needs of the child. All these major
measures indicate Government of India's commitment in providing various services for the
welfare and development of children.

The Government of India has set up Ministry of Welfare as the nodal Ministry to formulate
Social Welfare Policy to provide for infrastructure in the form of various institutions and to
coordinate the welfare programmes of other ministries. and trained personnel for the
execution of its welfare programmes of multidimensional nature. The founding Fathers of our
Constitution provided safeguards for children in Articles 15, 24. 39. 55 of the Constitution.
The adoption of Policy Resolution for children by Parliament and the Constitution of
National Children's Board are other land-marks towards safeguarding the interests of children

All the Union Territories and State Governments in India have established their Departments
of Social Welfare to administer the Centrally Sponsored Projects and to manage different
Programmes at the State level. The State Social Welfare Advisory Boards (SSWAB) and the
Central Social Welfare Board (CSWB) have been entrusted with the responsibility of
motivating Voluntary Organizations through an claborate grants-in-aid system to undertake
welfare programmes on a large scale both in urban and rural areas to supplement and support
the efforts of various Governments which have been formed from time to time.

However, financial constraints and population explosion have been preventing the
Government of India against provision of welfare services on the range and scale of western
countries. Social services for children are being organised both by Government and voluntary
agencies. Economically, politically and socially. children are the need of future national
growth. Recognizing this fact, the Government of India during the last five decades, has
taken various legislative as well as executive steps to protect children as provided in the
Indian Constitution.

The National Policy for Children lies down that the State shall provide adequate services
towards children. both before and after birth and during the growing stages for their full
physical, mental and social development. The Government of India has also adopted the
National Charter for Children: it is a statement of intent embodying the Govemment's agenda
for children.The document emphasizes Government of India's commitment to children's
rights to survival. health and nutrition. standard of living. play and leisure. early childhood
care, education. protection of the girl child. empowering adolescents. equality. life and
liberty. name and nationality. freedom of expression, freedom of association and peaceful
assembly. the right to a family and the right to be protected from economic exploitation and
all forms of abuse. The document also provides for protection of children in difficult
circumstances. children with disabilities. children from marginalized and disadvantaged
communities, and child victims. The document while stipulating the duties of the State and
the Community towards children also craphasizes the duties of children towards family.
socicty and the nation. The emphasizes the duties of children towards family, society and the
nation. The National Charter for Children was notified in the Gazette of India on 9' February,
2004.!
Ministry of Women and Child Development has prepared a National Plan of Action for
Children 2005 after harmonizing the goals for children set in the UN

General Assembly Special Session on Children held in 2002 and the monitorable targets set
in the tenth Five year Plan and goals for children in related Ministries or Departments. The
Action Plan has been prepared in consultation with concerned Ministries and Departments.
States or UT Governments. Non-Governmental Organizations and experts. The National Plan
of Action includes goals. objectives. strategies and activities for improving nutritional status
of children. reducing IMR and MMR. increasing enrolment ratio and reducing dropout rates.
universalization of primary education, increasing coverage for immunization ete. Several
Ministries and Departments of the Government of India are implementing various schemes
and programmes for the benefit of children. Some of the Schemes and Programmes
are as under.

Integrated Child Development Services (ICDS):

Integrated Child Development Services as a part of the world's largest programme are
implemented by the Ministry of Women and Child Development with the aim of enhancing
the health, nutrition and learning opportunities of infants, young children (0-6 years) and their
mothers. The Scheme provides an integrated approach for converging basic services through
community based workers and helpers. The services are provided at a centre called the
"ANGANWADI', which literally means a courtyard play centre, a child care centre located
within the village itself. The package of services provided includes-

Supplementary nutrition.

Immunization.

Health check-up.

Referral services.

Pre-school non-formal education and

Nutrition and health education

It is a Centrally Sponsored Scheme implemented through the State

Governments with 100% financial assistance from the Central Government for all inputs
other than supplementary nutrition which the States were to provide from their own
resources. However. from the year 2005-06. the Government of India has decided to provide
Central assistance to States for supplementary nutrition to the extent of 50% of the actual
expenditure incurred by the States or 50% of the cost norms, whichever is less.

(2) Creche Scheme for the Children of Working Mothers:

The Ministry of Women and Child Development has launched a new Crèche

Scheme in January 2006. The Scheme has been named Rajiv Gandhi National Crèche for the
Children of Working Mothers. These crèches have been allocated to the Central Social
Welfare Board. Indian Council for Child Welfare and Bhartiya Adim Jati Sevak Sangh in the
ratio of 80:11:9. The priority has been given to uncovered districts or areas and tribal areas
while extending the scheme to maintain balance regional coverage. Eligibility criteria under
the Revised Scheme have also been enhanced from Rs. 1800/- to Rs. 12000/- per month per
family. So far about 25605 crèches have been sanctioned including 5137 crèches sanctioned
under erstwhile National Crèche Scheme up to 20* November. 2006

(3) Nutrition Component of Prime Minister Gramodya Yojana

Nutrition Programme for Adolescent Girls:

And Implemented in 51 districts with additional central assistance provided by the Planning
Commission, this scheme directly and indirectly contributes to promoting nutrition of
children. A National Nutrition Mission has also been set up with a view to enable policy
direction to concerned Departments of the Government for addressing the problem of
malnutri tion in a mission mode.

(4) Reproductive and Child Health Programme:

Implemented by the Ministry of Health and Family Welfare, the programme provides
effective maternal and child health care, micronutrient interventions for vulnerable groups,
reproductive health services for adolescent etc. some important programmes cover are-
immunization for children for DTP, polio and Tetanus Toxoid for Women. Iron and Folic for
pregnant women. This programme integrates all family welfare and women and child health
services with the explicit objective of providing beneficiaries with need based, client
cantered, demand driven, and high quality integrated RCH services'. The strategy for the
RCH programme shifts the policy emphasis from achieving demographic targets to meeting
the health needs of women and children.
(5 Pulse Polio Immunization Programme:

Implemented by the Ministry of health and family Welfare, this programme covers all
children below five years. It is a massive programme covering 166 million children in every
round of National Immunization day. The other immunization programmes include Hepatitis
B, DPT and other routine immunization. Other notable programmes for child health include,
Universal immunization programme. control of deaths due to acute respiratory infections,
control of diarrhocal discases. provision of essential new-born care to address the issue of the
neonates. prophylactic programmes for the prevention and treatment of two micronutrient
deficiencies relating to Vitamin A and Iron. Anaemia control programme, border district
Cluster strategy and Integrated Management of Neo-natal and childhood illness.

(6) Sarva Shiksha Abhivan (SSA):

Implemented by the Department of Education, this programme provides for school

infrastructure and quality improvement in education of the children. The specific objectives
are: All children to be in school: Universal retention by 2010:

Bridging all gender and social gaps at primary stage by 2007 and at clementary education
level by 2010. The Government of India is committed to realising the goal of universalization
of elementary education by 2010. Under Sarva Shiksha Abhiyan.

Implemented by the Department of Education, this programme provides for school

infrastructure and quality improvement in education of the children. The specific objectives
are: All children to be in school; Universal retention by 2010;

Bridging all gender and social gaps at primary stage by 2007 and at elementary education
level by 2010. The Government of India is committed to realising the goal of universalization
of elementary education by 2010. Under Sarva Shiksha Abhiyan

(SSA), the National flagship programme, the Govemment aims to provide free and
compulsory elementary education to all children in the 6-14 age groups by 2010.

(7) A National Programme for Education of Girls at Elementary Level:

This programme has been implemented by the Department of Education for children in
difficult circumstances including dropout girls, working girls, girls from marginalized social
groups, girls with low levels of achievement to gain quality elementary education and to
develop self-esteem of girls through a community based approach.
(8) Kasturba Gandhi Balika Vidyalaya:

This is a new scheme being implemented by the Department of Education, which enables
opening of 750 special residential schools for the girl child belonging to SC or ST, OBC and
minority in educationally backward blocks having low female literacy.

(9) Mid-Day Meal Scheme:

This is also one of the important schemes of the Government for universal enrolment and
retention of children in schools. Under the programme, nutrition and snacks are provided to
children attending schools. However, this scheme has been implemented in Mizoram as a
component of the National Flagship Programme of SSA.

(10) Integrated Programme for Street Children.

This programme is being implemented by the Ministry of Social justice and empowerment.
This programme aims at preventing destitution of children and facilitates their withdrawal
from life on the streets. The programme is targeted towards children without homes and
family ties, especially vulnerable to abuse and exploitation

(11) Integrated Programme for Juvenile Justice:

This programme is being implemented by the Ministry of Social Justice and

Empowerment with a view to providing carte to children in difficult circumstances and

children in conflict with the law through Government institutions and through Exploitation.

(11) Integrated Programme for Juvenile Justice:

This programme is being implemented by the Ministry of Social Justice and Empowerment
with a view to providing carte to children in difficult circumstances and children in conflict
with the law through Government institutions and through NGOs. Some special features of
the scheme are: - Establishment of a National Advisory Board on Juvenile Justice; Creation
of a Juvenile Justice Fund; training, orientation and sensitization of judicial, administrative
police and NGOs responsible for implementation of LL Act: Financial assistance to bring
about a qualitative improvement in the existing infrastructure: Expansion of non-institutional
services such as sponsorship. foster care, probation etc. as and an alternate institutional care.

(12) Child Helpline:

Childline India Foundation (CIF) is a toll free telephone service (1098)

which anyone can call for assistance in the interest of children. Being run with the support of
Women and Child Welfare Ministry is working in 72 cities across the country. The Shishu
Greh Scheme is also being implemented by the Ministry to promote adoptions within the
country and to ensure minimum standards in the care of abandoned, orphaned, destitute
children. Grant-in-Aid up to a ceiling of Rs. 6 lakh is provided per unit of 10 Children in a
Shishu Gret.

(13) The National Rural Health Mission:

It is a scheme of health Ministry seeks to provide effective healthcare to rural population

including large population of children throughout the country with special focus on 18 States.
It aims to undertake architectural correction of the health system to enable it to effectively
handle increased allocations as promised under the national Common Minimum Programme
and promote policies that strengthen public health management and service delivery in the
country.

(14) Elimination of Child Labour:

This is the Project implemented by the Ministry of Labour for rehabilitation of working
children and elimination of child labour. Under the Project based Action Plan of the Policy.
National Child Labour Projects (NCLPs) have been set up in different areas to rehabilitate
child labour. A major activity undertaken under the NCLP is the establishment of special
schools to provide non-formal education. vocational trainino.

supplementary nutrition etc children withdrawn from.

(16) Child Budgeting:

The Government of India is also introducing child budgeting. The key obiectives of this
endeavour are: (a) to analyse budgetary provisions on social sector,

(b) to identify the magnitude of budgetary allocations made by the Centre or State
Governments on schemes meant for addressing specific needs of children, and (c) to examine
the trend in child specific expenditure etc.

The main agendas for the exercise of child budgeting is to review resource allocations for
children; explore ways to increase budgetary allocations for children: assess budget
utilization rates for social sector and child specific programmes, identify blockages and
constraints to effective utilization; identify methods for tracking expenditure and monitoring
performance to ensure that outlays translate into outcomes for children.

(17) Pilot Project for Combating Trafficking of Women and Children:

The Pilot Projects being implemented are viz:- (1) to combat trafficking women and children
for commercial sexual exploitation under the sanction of tradition (2) pilot project to combat
trafficking of women and children for commercial sexual exploitation in destination areas. So
far 30 projects have been sanctioned benefiting about 1500 women and girls. 14

(18) The Commission for Protection of the Child Rights Act 2005

The Government of India has recently notified the Commissions for

Protection of Child Rights Act 2005 in the Gazette of India on 20" January. 2006 as Act No.
4 of 2006. The Act envisages setting up a National Commission at the National level and the
State Commissions at the state level. The proposed Commission would be set up for proper
enforcement of children's rights and effective implementation of laws and programmes
relating to children. The National Commission for Protection of Child Rights will be a
statutory body to be set up under the commission for Protection of Childs Rights Act. The
proposed Commission will have a chairperson and six other Members, including two women
members, a Member Secretary and other supporting staff. The Chairperson would be a person
of eminence in the field of child development. The members would be the experts in the field
of child health, education, child care and development, juvenile justice, children with
disabilities, elimination of child labour, child psychology or sociology and laws relating to
children. The officers and the staff of the Commission will be provided by the Central
Government. The proposed Commission would be set up for proper enforcement of children's
rights and effective implementation of laws and programmes relating to children

The Functions of the Commission are:

To examine and review the safeguards provided by Constitution or any law for the protection
of child rights and recommend measures for their effective implementation.

To present to the Central Government, annually reports upon the working of those safeguards

To examine all factors that inhibits the enjoyment of rights of most vulnerable children and
children in need of special care and protection.

To study treaties and other international instruments and undertake

To study treaties and other international instruments and undertake periodical review of
existing policies. programmes and other activities on child rights and make recommendation
for their effective implementation in the best interest of children.

The Commission is to undertake and promote research in the following field of child rights.

Spread child rights literacy among various sections of the society and promote awareness.

Inspect any juvenile custodial home, or any other place of residence or institution meant for
children for the purpose of treatment reformation or protection and take up with these
authorities remedial action.

The Powers of the Commission include the following:

(1) Summoning and enforcing the attendance of any person and examining him on oath.

(2) Requiring the discovery and production of any document.

(3) Receiving evidence on affidavits.

(4) Requisitioning any public record or copy thereof from any court or office.

(5) Issuing commissions for the examination of witnesses and documents.

(6) Forwarding any case to a Magistrate having jurisdiction to try the same and the
Magistrate to whom any such case is forwarded shall proceed to hear the complaint against
the accused.

(7) Recommending to the concemed Government or authority the initiation of proceedings

for prosecution or such other action as deem fit against the concerned persons

(8) Approaching the Supreme Court or the High Court concemed for such directions. orders
or writs as that Court may deem necessary.

(9) Recommending to the concemed Government or authority for the grant of such interim
relief to the victim or the members of his family as the Commission consider necessary.

Child Welfare Schemes and Projects Implemented in Aizawl District of Mizoram:

Mizoram Government has been implementing various Child Welfare

Schemes, Programmes and Projects covering the length and breadth of the State.
The Centrally Sponsored Child Welfare and Development Schemes which were adopted or
introduced in the state of Mizoram have been implemented within Aizawl district. Out of the
Central Schemes and Projects, the Government of Mizoram has been implementing the
following Child Welfare Schemes.

Programmes and Projects in Aizawl District:

A. Integrated Child Development Services programmes have been implemented under IDCS.

(I.C.D.S):

The following

(a) Supplementary Nutrition Programme (SNP): 7 Supplementary Nutrition

Programme aims at eradicating the protein-Calorie and micronutrient or deficiency

prevalence in the developing States. The programme covers various categories beneficiaries
like 6 months to 6 years children. pregnant women. lactating mothers and adolescent girls.
Besides, children below 6 years of age who are regular children registered in the Anganwadi
Centres are entitled to this facility

(b) Nutrition Programme for Adolescent Girls (NPAG): A pilot project of

NAG (Nutritional Programme for Adolescent Girls) was launched by the Planning
Commission during 2002 - 2003. Under the scheme. all adolescent girls of 11 - 19 years
should be weighed and undernourished adolescent girls less than 35 Kgs.

would be identified and provided food grains, i.e. Rice, free of cost @ 6 Kgs. Per month for 3
consecutive months. The nutritional status of the identified undernourished adolescent girls
will be checked regularly as per the operational guidelines framed by the Government of
India.

(c) Kishore Shakti Yojana (KSY): Kishori Shakti Yoiana (KSY) seeks to empower
adolescent girls, so as to enable them to take charge of their lives. It is viewed as a holistic
initiative for the development of adolescent girls. The programme through its interventions
aims at bringing about a difference in the lives of the adolescent girls. It secks to provide
them with an opportunity to realize their full potential

(d) Capacity Building for Poverty Reduction Programme (CBPR): In order to combat
micronutrient deficiency disorders and to fill the gap left by the Supplementary Nutrition
Programme in providing protective nutrients in lactating and nursing mothers and children
below 6 years. the CBPR programme will be implemented in Mizoram during the 11" Five
Year Plan. The programme is to be implemented in 100 pilot projects within Aizawl district.

The programme aims to provide a minimum of three days of vegetables and greens in a weck
to children below 6 years and pregnant and nursing mothers through the Anganwadi Centres.
Its objective is to develop kitchen gardens for growing greens and vegetables at select
Anganwadi Centres and introduce the same in the SNP menu.

(e) Balica Samriddhi Yojana (BSY): The recast Balica Samriddhi Yojana will be a 100%
Centrally Sponsored Scheme to extend 100% central assistance to State or Union Territories
to provide benefits under the Scheme in accordance with the norms, guidelines and
conditions laid down by the Central Government.

The main objectives of the Scheme are to change negative family and community attitudes
towards the girl child at birth and towards her mother. to improve enrolment and retention of
girl children in schools.

(Г) Mini Kitchen Gardening (MKG): Anganwadi Kitchen Gardening is a new thing in the
ICDS operation. 10 (ten) pioneer ICDS Projects are selected which would launch the Scheme
in the selected Anganwadi Centres. The idea is that the Anganwadi may provide fresh
vegetables to the children and set examples for the mothers and the villagers on the benefit of
kitchen gardening

(g) Anganwadi Training Centre (AWTC: Anganivadi Workers Training

Centre established by Social Welfare Department at Aizawl in 1984, is the only training
centre catering to the training needs of all Anganwadi Workers

and

Anganwadi Helpers all over Mizoram State.

Integrated Child Protection Scheme (ICPS): The Government of India.

Ministry of Women and Child development has formulated a new Centrally Sponsored
scheme called Integrated Child Protection Scheme to be implemented based on the Juvenile
Justice (Care & Protection of Children) Act 2000, amended by Juvenile Justice (Care and
Protection of Children) Amendment Act 2006 Dt.
Family-Based Non - Institutional Care:

( Sponsorship: The State Government may make rules for the purposes of carrying out
various schemes of sponsorship of children, such as individual to individual sponsorship,
group sponsorship or community sponsorship

19 (i) Foster Care: Foster Care services are designed for neglected or dependent children who
lack the protective atmosphere of families or institutions. The foster care may be used for
temporary placement of those infants who are ultimately to be given for adoption. The State
Government may make rules for the purpose of carrying out the scheme of foster care
programme of children.

(iii) Adoption: Adoption means the process through which the adopted child is permanently
separated from his biological parents and become the legitimate child of his adoptive parents
with all the rights. privileges and responsibilities that are attached to the relationship.

The State Government has set up Adoption Cell in Social Welfare Department to co-
ordinate. regulate and monitor the works of adoption and to render all assistance to the
Advisory Board on adoption. Programme Officer (District ICDS Cell) is to function as Nodal
Officer.

(iv) After-Care: Under Section 44 of Juvenile justice (Care and Protection of children) Act.
2000. the State Government may make Rule for recognition of after-care organisations for the
purpose of taking care of juveniles or the children after they leave Special Homes.

(c) Institutional Services: Following are some of the Institutional services provided to
juveniles or children in need of help

(i) Shelter Homes: The State Government may recognize reputed and capable Voluntary
Organisations and provide them assistance to set up and administer Shelter Homes for
juveniles or children as may be required to function as drop-in-centres for the children in the
need of urgent support

(11) Children's Homes: The State Government may establish and maintain either by itself or
in association with the Voluntary Organisations.

Children's Homes, in every district or group of districts. as the case may be, for the reception
of child in need of care and protection during the pendency of any inquiry and subsequently
for their care, treatment. education, training. development and rehabilitation.
Observation Homes

Special

Homes:

Remand Home

(Correctional Institution) "Observation Homes means a Home established by a State

Government or by a Voluntary Organisation and certified by that State Government under
section 8 as an Observation Home for the Juvenile in conflict with law.

To implement the Juvenile Justice Act 1986. the Government of Mizoram established the
Remand Home or Correctional Institution under the Department of Social Welfare in the year
1986.

The Remand Home at Durtlang is to keep the

Juveniles in Conflict with Law in safe custody until the final disposal of the cases.

Juvenile Justice Board (JJB): For the State of Mizoram, one Juvenile Justice Board has been
constituted to exercise powers and discharge the duties conferred or imposed on such Boards
in relation to Juveniles in Conflict with Law 3 under the Juvenile Justice (Care and Protection
of Children) Act. 2000 which is implemented in the State of Mizoram. In the year 2003. the
Juvenile Justice Rules has been framed and implemented. * The Board consists of a Judicial
Magistrate of the first class and two Social Workers.

(e) Child Welfare Committee (CWC): The State Government may. by notification in Official
Gazette, constitute for every district or group of districts.

Child Welfare Committee (CWC): The State Government may, by notification in Official
Gazette, constitute for every district or group of districts, specified in the notification, one or
more Child Welfare Committees for exercising the powers and discharge the duties conferred
on such Committees in relation to child in need of care and protection under this Act. The
Committee shall consist of a Chairperson and four other members as the State Government
may think fit to appoint, of whom at least one shall be a woman and another, an expert on
matters concerning children.

The Committee shall function as a Bench of Magistrates and shall have the powers conferred
by the Code of Criminal Procedure. 1973 on a Metropolitan
Magistrate or, as the case may be. a Judicial Magistrate of the first class.

(f Special Juvenile Police Unit (SJPU: Under the Juvenile Justice (Care and

Protection of Children Act, 2000. a Special Juvenile Police Unit is to be created in every
district to coordinate and upgrade police treatment of the Juvenile and the Children in Need
of Care and Protection

(g) Pre School: The Scheme of Pre-school Education is implemented by Social Welfare
Department through MHIP within Aizawl Distriet where Anganwadi Centre under ICDS
Scheme does not operated 26 (Twenty Six) Pre-School Centres have been opened in
Mizoram. The Scheme has benefited children below 6 years.

Day Care (Crèches): This Scheme was implemented in the State with as many as 40 Nos. of
Crèches or Day Care Centre. However, as 2 Creches or day Care Centre have been converted
to Anganwadi Centres, there are 38 Day Care Centres, 28 are at Aizawl District and 10
Centres are at Lunglei District. The Scheme benefits children below 3 years of age.

(1) Bal Bhavan: Bal Bhavan was founded by Pt. Jawaharlal Nehru in 1956 and is
a creativity resource centre for children within the age group of 5-16 years. It
is an out of school activity centre aims at identifying, nurture and enhances the
many hidden talents of children. Under the Department of Social Welfare. the
Mizoram Bal Bhavan Society was formed as per the instruction of National
Bal Bhavan.

Government of India and is registered under the Mizoram Societics Registration

Act, 2005 (Act No. 13 of 200526

(i)

Child Marriage Act: The prohibition of Child Marriage Act is enacted and notified in the
Gazette of India on 11 January. 2007 and repealed 192 Act. Draft Rules for Mizoram State
being proposed and sent to Government for obtaining further vetting from the law and
Judicial Department. Government of Mizoram on

10 July, 2008. Cases of Child Marriage have not been heard much in the State of Mizoram.

(k) State Council for Child's Welfare (SCCW): The State Council for Child Welfare has been
constituted by Ad ho Members and Registered under Registrar.
Firms and Societies Mizoram. Aizawl on 7.5.2002 under SR/MZ-08 of 2002-2003 and
affiliated in Indian Council for Child Welfare dealing with National Bravery Awards to
Children etc. and various National Awards running with pre-school etc.

Conclusion: This chapter is devoted to discussing various Child Welfare Schemes and

Programmes and the process of their implementation in Mizoram under different situations. It
deals with a global view of Child Welfare Schemes and Programmes. It also deals with
different Child Welfare Schemes in India since 1951, after the inception of Planning
Commission in India child welfare started getting greater attention. Before independence.
child welfare included only education and maternity and child welfare services, though there
were few institutions for the care and protection of handicapped children. The various
voluntary agencies shouldered almost all the responsibilities for the welfare and development
of children. It was only after independence and the Constitution was enacted that the
responsibility for child welfare and development was taken over by the Government. This
chapter also study views of inmates of various Children's Homes about different aspects of
Child Welfare Administration in Aizawl district.

Question:4 The Role of Family in Dealing with Juvenile Delinquency.

Answer:’

The Role of Family in Dealing with Juvenile

Delinquency:

The overall purpose of the study was to explore the relationship between various
family-related factors and crime. The study also attempted to ascertain whether
those factors can act as causative agents for “juvenile delinquency”. The study
postulated that although there are different factors that impact on the development
of child character, the family plays a central role in child development and
consequentially impacting on the character of a child. In order to critically analyze
the hypothesis of study, the paper reviewed the concepts of juvenile delinquency
and family. Although the paper centered on the family factors influencing
delinquency, it equally attached premium on the non-family factors influencing levels
of juvenile delinquency. The study found out that there are several notable family-
related factors that impact on child crime. These include parental attitudes, the
degree of family cohesion, physical violence, and uninvolved parenting. There are
also non-family factors that impact on juvenile delinquency, which include the failure
of the juvenile justice system, poverty, a lack of access to education, drug abuse
and genetic problems.

 Introduction
The family has been seen to be a critical element for child development and as a
determining factor for children’s subsequent involvement in crime. This paper seeks
to explore the relationship between various family-related factors and crime. It also
attempts to ascertain whether these factors can act as causative agents for “juvenile
delinquency” or whether this is caused by the interaction between the family and
other external factors.

2. The Concepts of Family; Child Development; and

Juvenile Delinquency
2.1. The Concept of Family
The concept of family has received a variety of definitions, because families vary
greatly in their sizes and constituent parts. These various types of family accomplish
different things for their family members [1] . The Population Reference Bureau
defines a family as a group of people held together by common birth, marriage,
residence, close emotional attachment or adoption [2] , while for Desai a family
means a unit of two or more persons united by blood, marriage, adoption or
consensual union who interact and communicate with each other. Families may also
include people with common ancestors, as part of a lineage, clan or tribe. UNESCO
broadly defines a family as being a social reality, although the kinship unit and
members do not have to share a common household [3] .
Although there are a number of differences in the types of families found in the
world, they have certain things in common. For example, families serve several
important functions within society, including socialization, economic support,
nurturing, protection of vulnerable members, and perpetuating the family grouping
[4] . In general, despite differences between cultures, families serve the three basic
goals of economic self-sufficiency, improving family circumstances and perpetuating
their existence.
The traditional concept of family includes responsibilities and functions such as
intimacy and affection, security, childbearing and child-rearing [5] . Traditional
family tasks include assigning roles, assuring social interaction between family
members, providing physical care, allocating resources, maintaining morale and
motivation and relating to external society and its institutions.
Increasing rates of divorce and remarriage have led to the emergence of
reconstituted families (stepfamilies), which represent households containing a child
or children who are biologically related to only one of the adults. Changes in the
social environment often require adaptations in family structure and functioning.
2.2. Concept of Child Development
The term “child development” denotes the healthy growth of a child, including
emotional, intellectual, perceptual and behavioral capabilities. It is also a term
referring to the scientific study of the patterns of change, growth and stability that
occur from conception through to adolescence. The stages of development include
the “prenatal period” from conception to birth, the “infancy period” from birth up to
2 years, “early childhood” from 2 until 6 years old, “middle childhood” from 6 to 12
years old, and “adolescence” from 12 to 19 years old.
2.3. Concept of Child Character Determination
According to John Watson, who is credited as being the father of American
Behaviorist Theory, children are passive beings who can be molded by controlling
stimulus-response associations, while the U.S. Department of Education believes
that children can be taught to become responsible human beings. “Responsibility”
has been defined by Mitton and Harris as being the capacity to make choices and to
accept the consequences of those choices, so positive child development should aim
to teach children to accept full responsibility for their actions [6] . For the process of
acquiring responsibility to be effective, children must understand the values they are
being taught and must habitually apply these values to their lives. This underscores
the importance of parental instruction, as children need guidance from their parents
to help them succeed in tasks. According to Whitebread and Wingham, habitual
success in tasks makes children successful in life. Conversely, unsuitable home
conditions and an unstable family can lead to negative attitudes and habitual failure
in tasks, which in turn encourages children to become delinquents.
2.4. Concept of Child Character Determination
The concept of “juvenile delinquency” can be understood from different theoretical
standpoints [7] . While sociologists believe that “juvenile delinquency” encompasses
a variety of violations of legal and social norms, ranging from minor to serious
offenses [8] criminologists view “juvenile delinquency” as entailing all the public
wrongs committed by those between the ages of 12 and 20.
Sociologists assert that antisocial behavior may be the expression of either the
beginning of a long term culture of criminal activity or a normal part of the process
of growing up [9] .
The United Nations Guidelines for the Prevention of Juvenile Delinquency do not
classify anti-social conduct or youthful behavior as “juvenile delinquency” or conduct
that could lead to future criminal tendencies. Instead, these guidelines are clear that
such behavior is often part of the process of growth and maturation and tends to
disappear spontaneously in most individuals during the transition to adulthood. The
United Nations note that there is a common tendency for young people to commit
some kind of petty offence at some point during their adolescence, without them
subsequently turning into career criminals. Similarly, the World Youth Report of
2003 recognizes that child delinquency is a common phenomenon during the
transition from childhood to adulthood.
The UN found that juvenile delinquency is largely a group phenomenon, as between
two thirds and three quarters of all juvenile offences were found to have been
committed by young people who belonged to groups such as gangs. In the Russian
Federation, criminal activity among juveniles in groups was found to be higher than
that of adult offenders. This tendency for juveniles to indulge in criminal activity
while belonging to groups can be traced to the fact that juvenile peer groups have
certain unique characteristics, such as hierarchical organization, high levels of social
cohesiveness, and a code of behavior that is based upon a common rejection of the
values and experiences of adults [10] . Delinquent or criminal behavior is caused by
certain groups and juvenile subcultures (subcultures of violence) that tend to use
violence and aggression as an acceptable and even preferable means of solving
interpersonal conflicts.

3. The Roles of the Family in Controlling Juvenile

Delinquency through Enhancing Child Development
Uwo et al. believe that the proper nurturing of children is the primary responsibility
of parents, because the values given to children and the type of training they
receive from their parents seem to largely determine their future life-style. Parents
help their children establish certain behavioral attitudes, and once established these
attitudes are difficult to change or suppress. Parents who instill antisocial attitudes
and behaviors in their children encourage such attitudes to persist into adulthood
[11] .
Child development has emotional, intellectual, social and physical aspects, with the
family being the foundation upon which this development occurs.  The family
structure plays an important role in shaping a child by providing security and
developing their, values and skills.
3.1. Development of the Security of a Child
Children rely on the family for their basic needs, such as clothing, shelter and food,
with their family providing their primary sense of physical security [12] . They also
get emotional security from the family that can find nowhere else, allowing children
to grow in confidence and be able to express themselves fully.  Giving children a
stable home routine also enables them to feel secure, as they know they will eat,
drink, bathe, and sleep at certain times without being disturbed [13] . The different
committee have also been established such as; Committee on the Rights of the
Child, Human Rights Committee, Committee against Torture, Human Rights
Commissioner, their advocacy is a sign of security if followed and implemented
which is not always the case.
Security for children is a recipe for them to develop their skills and talents, grow
physically, and develop cognitively and emotionally. Security is also important in
building trust between children and family members. When children know that they
can trust those around them, they feel more comfortable and secure.
3.2. Development of a Child’s Values
The family plays an important role in inculcating norms and values within children
[14] . These include an understanding of right and wrong, respect, fairness,
compassion and responsibility [15] . Children learn these values by observing and
emulating their parents’ behavior, and being taught by their parents. Thus, children
learn both the importance of these values and the consequences of not observing
them.
3.3. Development of a Child’s Skills
The moment children are born, they start learning skills that include cognitive,
emotional, interactional and language skills [16] . These skills are acquired over
time and are very important as they shape a person and improve their ability to
fulfill their potential. For example, emotional skills are important for children as they
teach them how to deal with life’s difficulties and when to have sympathy and
compassion for others. Without emotional skills, children are inclined to engage in
destructive choices when they are older. For example, children with low emotional
skills are likely to engage in criminal activities [17] .

4. The Impact of Different Family Structures (Married,

Cohabiting and Divorced Families) on Determining
Child Delinquency
4.1. Married Families
According to Wardle, children need a stable marriage between their mother and
father to be able to enjoy the best preparation and opportunities for life success and
happiness [18] . Marriage has a strong, positive and consistent effect on the
wellbeing of children, and appears to play an important role in contributing to their
happiness, health and security and thus to accord them optimal life opportunities
[19] . Hafen views the positive effect of marriage as being the most important
causal factor in determining the well-being of children.
Children with married parents are better placed to avoid some of the “growing up
disasters” associated with adolescence and childhood. For example, it has been
found that children who are brought up in single-parent households are at a higher
risk of experiencing educational and behavioral problems, such as a tendency to
engage in criminal acts. Specifically, it has been noted that the separation of
children from their fathers is a major cause of many social problems, including
adolescent pregnancy, crime, child sexual abuse and domestic violence. The National
Report on Juvenile Offenders and Victims provided by The Office of Juvenile Justice
and Delinquency Prevention of the U.S Justice Department found that juveniles who
lived with both parents were less likely to be engaged in delinquent acts, including
sexual violence and drug abuse. The Report found that only 5% of youths who lived
with both parents engaged in delinquent acts, as opposed to 12% of youths who
lived in other family arrangements. A similar report in 2010 found that 45% of
youths who were in custody for delinquent acts were from single-parent families,
while 30% were from two-parent families.
Raising children with both parents has thus proved to be beneficial in developing
emotional health and increasing the likelihood of academic success including college
attendance. Consequently, the remarkable increases in divorce and family break-ups
since the 1970’s has led to significant family instability and decreasing parental
investment in children. This has had an adverse impact on the character
development of children and increased the likelihood of their involvement in
delinquent acts.
4.2. Divorced Families
Parental divorce has been cited as a consistent predictor of juvenile delinquency and
a major parent-related risk factor for criminal development in childhood and
adolescence, [20] leading to increased criminal convictions and antisocial behavior.
Disciplinary and behavioral issues have been studied from many theoretical
perspectives, including the emotional distress that derives from parental divorce. It
appears that children from one-parent families are more likely to be unemployed,
drop out of school, have lower psychological well-being and engage in sexual
violence than children from two-parent families [21] . The transition from a two-
parent to a single-parent family often results in the loss of economic resources,
because there is only one bread-winner in the family, and causes a decrease in child
supervision [22] . Fathers who live in separate households also tend to have less
contact with their children, thus undermining commitment and trust.
According to Amato, post-divorce negative outcomes, such as the transfer of
children to other schools, can lead to economic hardship, as well as causing the
disruption of family structures [23] . Such disruptions have been found to increase
poverty and depression, and cause ineffective parenting strategies that in turn lead
to high rates of criminal behavior. The correlation between divorce and delinquency
has been disputed by Capaldi and Patterson, however, who believe that delinquency
can be due to some mothers having antisocial personalities [24] .
4.3. Cohabiting Families
A study of 74 child offenders by Sarantakos has shown that 74% come from families
with cohabiting partners, while only 26% are from those with married couples [25] .
Moreover, while 49% of the children from families with cohabiting couples
committed two or more offences, just 21% of those from married couples committed
two or more offences, and only the children from cohabiting couples committed
three or more offences. These findings are clearly linked to the family environments
of most offenders, which are characterized by low integration, instability, domestic
violence, hostile parental attitudes, parental indifference and parental conflicts. The
study did not find a causal relationship between delinquency and cohabitation as a
lifestyle.

5. Family Factors Influencing Levels of Juvenile

Delinquency
5.1. Parental Attitudes
For children, family is the major source of companionship, affection and
reassurance. The nature of the relationship between parents and their children helps
to determine whether a child becomes a delinquent. Affectionate, supportive, and
understanding homes are likely to promote conformist and constructive social
behavior, because a positive family environment leads to healthy personality
development. Conversely, a lack of parental affection and support, or in more severe
cases parental indifference, hostility or rejection, causes children to feel emotionally
insecure and leads to poor personality development, thus encouraging antisocial or
delinquent behavior. Negative parental attitudes often include scolding and a lack of
love [26] .
Another negative attitude is that of authoritarian parenting, where excessive control,
using harsh and strict commands, deprives children of the freedom to express
themselves. The suppression of free expression and an absence of love encourage
children to revolt against their parents, to run away from their families, and
consequently to enter a life of crime.
Negative parental attitudes, including concealing information or failing to respond to
questions, have been shown to induce feelings of emotional and social insecurity in
children. Such insecurity can degenerate into children developing mental problems,
or can lead to delinquent behavior.
5.2. Level of Family Cohesion
Shields and Clark have noted that low levels of family cohesion are likely to lead to
juvenile crime [27] . Similarly, Sarantakos found that 73% of juvenile offenders
came from families with low cohesion, while just 27% of offenders came from
families with high cohesion. He also found that while 91% of non-offenders came
from high-cohesion families, only 9% of non-offenders came from low-cohesion
families.
5.3. Level of Violence
The level of violence between parents and towards their children can also influence
levels of juvenile delinquency. Sarantakos found that 78% of child offenders came
from families that experienced physical violence and child abuse, while only 22% of
child offenders came from non-violent homes. Non-offenders are much more likely
to come from non-violent homes than from those that are subject to physical or
emotional violence.
5.4. Uninvolved Parenting
According to Hearne, “uninvolved parenting” describes situations where parents are
emotionally distant from their children and show little warmth and love towards
them, provide little supervision, intentionally avoid them, have few expectations or
demands for their behavior, never attend school events, and are generally too
overwhelmed by their own problems to deal with their children [28] . Sarantakos
argues that juvenile offenders are more likely to come from families with uninvolved
parenting than from those with interested parents. He found that approximately two
thirds of offenders came from families in which the children perceived their parents
to show no interest in them, while only one third of offenders came from families
with parents who were interested in them. Similarly, 86% of non-offenders came
from families with parents who were “interested” in their children.

6. Non Family Factors Influencing Levels of Juvenile

Delinquency
6.1. Poverty
Birckhead has shown that an inability to afford certain basic commodities such as
food and clothing, has significantly contributed to juvenile delinquency [29] . Areas
with high rates of poverty have correspondingly high rates of juvenile delinquency.
Registered juvenile delinquents are concentrated in urban areas that coincide with
low poverty indices, while they are thinly scattered in better residential areas. High
concentrations of juvenile delinquents can thus be found in the slums of large cities,
associated with extreme levels of poverty, bad housing, overcrowding and a severe
lack of recreational facilities.
6.2. Lack of Access to Education
Lack of access to education is also a major contributor to juvenile delinquency [30] .
Factors preventing children gaining access to education include the costs of
schooling, distance from schools, abusive or absent teachers, and poor quality
teaching. A lack of education may result in desperation and idleness among children,
encouraging them to engage in delinquent activities.
6.3. Drug Abuse
Drug abuse has been found to be a major contributor to juvenile delinquency, as
drugs have a number of highly negative impacts on children. For example, children
who persistently abuse drugs tend to experience learning difficulties, poor peer and
family relationships and health problems [31] . Drug abuse can also cause
compulsive economic behavior, a condition in which some drug users resort to
violence as a way of supporting their addiction [32] . Drugs can also reduce
cognitive ability, thus exposing users to episodes of miscommunication and limiting
their capacity for compromise and for rational dialogue.
6.4. Delinquency Caused by Genetic Factors
Some children are born with antisocial personality disorder, a condition that is
associated with abnormal/destructive thinking, perception and relationships with
others [33] . This condition is closely linked with delinquent behavior, as persons
suffering from this condition have no regard for right and wrong, and often engage
in drug abuse and violence, leading to them being reprimanded as juvenile
delinquents [34] .

7. Conclusion
This paper sought to assess the role of the family in contributing to juvenile
delinquency. After examining the two concepts of family; child development; and
juvenile delinquency, the paper concludes that the family has an important role in
determining whether a child might engage in delinquency or antisocial acts. Owing
to the centrality of families in children’s lives, they play a crucial role in developing
children’s values, skills and sense of self. The development of children thus greatly
influences their future character and the likelihood of them engaging in delinquent
acts. Last and not least, it is very important to encourage the formation of parents
and to promote public policies that support the family as a qualitative space for
communication and affective relationships, with all that, there is urgent need of
relevant strategies on child protection with specific focus on preventing child abuse,
negligence among others which in some cases has extended to gang recruitment
and access to small arms, hence juvenile delinquency.

8. Recommendations
On the basis of the finding that the family plays a central role in determining the
levels of juvenile delinquency, this study makes the following recommendations:
1) There is need for an emphasis on the importance of stable family structures as a
means of offering children secure households in which they can be taught and
absorb constructive social values. This will help in reducing the rate of child
delinquency.
2) Governments ought to reconsider their economic policies in order to mitigate
poverty levels in families. Specifically, governments should consider making
provisions for free educational opportunities, counseling, and mentoring programs
for children.
3) The juvenile justice system ought to be remodeled to take into account the
numerous factors that cause juvenile crime, and consequently offer viable and all-
inclusive solutions. In specific terms, the juvenile justice systems should be
structured to address child crimes from a solution’s perspective but not treat the
same from a linear approach of offenses and penalties.
4) There is need for multi-sectorial engagement in offering solutions to juvenile
crime. Sectors including the community, schools, the religious communities and
government authorities need to engage combined efforts to address juvenile crime.
This is in contradistinction to the contemporary approach of reserving juvenile
offenses to the justice system.

Question:3 role of community in juvenile justice system

Answer:

JUVENILE JUSTICE: COMMUNITY TREATMENT

Juvenile courts and the rest of the juvenile justice system are responsible for dealing with:

(1) juvenile delinquents, who have committed an act, such as an assault or burglary, that
would be a crime if committed by an adult; and (2) status offenders, whose behavior, such as
school truancy, running away from home, or incorrigibility, is illegal for a child but would
not be a crime if committed by an adult. The juvenile justice system has often been
characterized as a series of decision points where various actors—police, court intake
workers, prosecutors, probation officers, judges, treatment managers—weigh the situation
and, with varying degrees of discretion, decide what to do with a child. The decision may be
to do nothing further at this time, to negotiate an informal agreement with parents or others
on a course of action in lieu of further formal processing, or to proceed with formal
processing through the system. At the extreme, the decision may be to remove a child from
his or her home, sometimes for a long time, or even to transfer jurisdiction to the adult
criminal justice system. In contrast to the adult system, decisions in juvenile justice are
guided by multiple goals, including treatment (sometimes termed rehabilitation,
or competency development ) for the youth in addition to public safety
protection and punishment.

Community treatment may be relevant at any of the decision points outlined above.

Community treatment in juvenile justice refers to a number of interventions whose main
similarity is that they are alternatives to placement in large, secure institutions, such as
detention centers or training schools. As will be discussed later in this entry, the most
common of these is probation. Other community treatment programs include diversion, home
detention, youth service bureaus, day treatment programs, restitution and community service,
and community residential placements, such as group homes and shelters.

Communities may initiate broad-based, delinquency prevention efforts such as DARE (Drug
Abuse Resistance Education) programs in schools, youth development and recreation
programs, and alternative schools. Components of the juvenile justice system (juvenile
courts, police, probation services, etc.) may be partners in such initiatives. These and related
prevention programs, however, are discussed elsewhere in this volume. Community treatment
programs within or directly tied to juvenile justice may be used to divert youths from further
processing, as an adjunct to some other form of processing, or as the main element of a
disposition. Following a description of diversion, this entry will review community treatment
programs at various points in the system—pre-adjudication (after arrest, while waiting for a
court hearing), post-adjudication (following the dispositional hearing), or even as part
of aftercare (following a stay at a residential institution). A concluding section examines
some major issues and trends surrounding the use of community treatment in juvenile justice.

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Diversion

Diversion, which can occur at any decision point in the system, refers to a decision that
neither ignores the child nor moves the child along the formal processing route. The decision
normally involves an agreement between the official involved in that decision point and the
youth's family to pursue some informal remedial action. Thus, police may recommend to a
youth's parents that they pursue some counseling for the youth and/or arrive at an informal
settlement with victims in lieu of referring the youth to court. The court intake worker or
probation officer may similarly broker an agreement as an alternative to proceeding to a
dispositional hearing. At a dispositional hearing, a judge may choose to formally dismiss the
case but informally direct a family to pursue treatment of some kind.

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Diversion programs proliferated in the late 1960s and 1970s in response to recommendations
contained in a 1967 report from the President's Commission on Law Enforcement and
Administration of Justice (LEAA) (Binder). This report embraced the notions of labeling
theorists, such as Howard Becker and Edwin Lemert, who argued that formal delinquency
processing paradoxically created further delinquency through secondary deviance. That is,
once a child is labeled as delinquent as a result of formal processing for a delinquent act
(primary deviance), teachers, police, and others would expect him or her to engage in further
delinquency and would be quick to interpret any signs of problematic behavior as verifying
that child's delinquent status. Moreover, according to labeling theory, the child would come
to internalize the label and act accordingly. Subsequent delinquency results from these self-
fulfilling prophecies (secondary deviance). According to labeling theory, diversion programs
are attractive because they provide needed services while avoiding the stigmatization
associated with formal processing, thereby presumably reducing the likelihood of future
delinquency. With the encouragement of federal funding, a broad and creative range of
diversion programs flourished, including a network of community-based Youth Service
Bureaus (local centers for delinquency prevention programming) in many states, mostly in
urban areas. The federal seed money soon evaporated, and most localities did not sustain the
Youth Service Bureaus, yet they are making a comeback in some places, such as Indiana.

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Critics soon focused attention on some troubling, unintended consequences of diversion (e.g.,
Austin and Krisberg; Ezell). While intended as an alternative to formal processing, diversion
seemed at times to "widen the net" of social control. Instead of "capturing" youths who
otherwise would be processed further through the formal system, diversion sometimes
captured youths who otherwise would have been released, thus ironically increasing
stigmatization and control. Furthermore, critics argued, diversion tended to be applied
inequitably, more for girls and for white, middle-class youths than for persons of color.
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Evaluations of diversion have shown mixed results (e.g., Davidson et al.; Osgood and
Weichselbaum; Palmer and Lewis), suggesting that some diversion programs produce
reductions in recidivism while others do not. As with any other aspect of juvenile correctional
treatment, the key seems to lie in the matching of the appropriate youths with well-managed
programs that can flexibly tailor services to meet individual needs.

While less prominent in the "lock 'em up" climate at the end of the twentieth century,
diversion retains a place in the repertoire of community-based options for dealing with
delinquents, and will likely continue to do so.

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Pre-adjudication

In the not too distant past, children apprehended by police were held routinely in police lock-
ups and county jails. The Juvenile Justice and Delinquency Prevention Act of 1974 ( JJDPA)
resulted in dramatic changes—mandating the removal of juveniles from adult jails and police
lock-ups, requiring a parallel system of juvenile detention centers for those who needed to be
held securely, and forbidding the secure confinement of status offenders and children in need
of supervision. States' receipt of federal JJDPA funding was tied to their compliance with
these provisions. Several community alternatives to detention have also evolved, as discussed
below.

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Shelters. Some communities have nonsecure, temporary residential facilities intended for

children removed from their homes in the initial stages of child protective services
investigations or for children who may be picked up by police as status offenders. In addition
to these shelters, some communities also include a network of host homes, families who
volunteer to provide temporary shelter to a child. Shelters and host homes provide a
necessary adjunct to the juvenile justice system. Without them, some children might be held
inappropriately in secure detention facilities, despite legislation that forbids this practice.
Shelters may also be used as a nonsecure alternative to detention for allegedly delinquent
youths who may not meet formal criteria for secure detention but for whom an immediate
return home is not feasible. In some jurisdictions, nonsecure shelters and secure detention
centers are adjacent wings of the same building, sharing some administrative and operating
costs.

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Holdover programs. Following the enactment of the JJDPA, as discussed above, many

communities built juvenile detention centers. Small, rural communities, however, had neither
the resources nor the expected demand necessary for such construction. As an alternative to
using adult jails, some of these communities developed "holdover" programs to bridge the
time between the arrest of a youth and transport to the nearest juvenile detention center, often
several hours drive away. A holdover program requires a room (this might be located in a
police station or sheriff's department, or some other public facility) and someone (either a
volunteer or part-time employee) who can provide continuous supervision of a youth for a
few hours or overnight pending transportation.
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Home detention. Home detention serves as an alternative to placement in a secure juvenile

detention center for youths who do not appear to require secure confinement but cannot just
be released prior to their court hearing without some form of supervision. Home detention
workers supervise small caseloads, make frequent and irregular visits to the youths' homes
and schools, and may provide crisis counseling or other support. As an adjunct to, or in some
cases instead of, intensive supervision of the youth by staff, some home detention programs
rely on electronic monitoring (e.g., ankle bracelets that send electronic signals over the
telephone to a central computer) to keep track of the youths at all times.

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The first home detention programs appeared in the 1970s, and have become increasingly
prevalent. Several evaluations suggest that they are quite effective—that is, few youths on
home detention acquire additional charges prior to their court hearings, and fewer still fail to
appear at court hearings (Schwartz, Barton, and Orlando). There is ample evidence that many
jurisdictions too readily use secure detention for youths who do not really need confinement
(Schwartz and Barton; Snyder and Sickmund). Moreover, research has shown that placing a
youth in secure detention increases the probability of subsequent residential placements, even
when other factors, including offense, are held constant (Snyder and Sickmund). Home
detention, therefore, may merit consideration for expansion and strengthening as an
alternative to secure detention.

Post-adjudication

Probation. From its origins in Massachusetts in the mid-1800s, juvenile probation services

have spread to virtually every jurisdiction in the nation. Whereas volunteers initially
supervised youths, probation services have now become professionalized, staffed by
graduates with bachelors degrees in the social sciences, social work, or criminal justice.
Probation is most often operated at the county level, as part of a juvenile court or county
executive agency. In some jurisdictions, however, such as Florida and Maryland, probation is
administered by state juvenile correctional agencies.

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Probation serves more youths than any other type of juvenile justice program. Howard
Snyder and Melissa Sickmund summarize national statistics demonstrating how extensively
the system relies on probation services. Using 1996 data, they estimate that more than half
(54%) of all adjudicated delinquents are placed on probation along with an even higher
percentage of adjudicated status offenders (60%). Given the numbers of delinquency and
status offense cases referred to the nation's juvenile courts in 1996, this amounts to
approximately 307,500 adjudicated delinquents cases and almost 50,000 adjudicated status
offenders placed on probation. But probation serves almost as many additional youths who
have not been formally adjudicated. Youths may be assigned to probation informally, either
as an alternative to filing a formal court petition, or after an adjudication hearing even if not
adjudicated. These other routes to probation resulted in an estimated 335,500 additional
youths assigned to probation in 1996, bringing the total to nearly 693,000 (Snyder and
Sickmund).

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A youth on probation is assigned to a probation officer and usually has a set of conditions
with which to comply. These conditions might specify such things as curfews, school
attendance, periodic drug screening, hours of community service, making restitution to
victims, or participating in various treatment programs. Failure to abide by these conditions
results in a violation of probation, and a youth may be brought back to court and receive a
more restrictive disposition. Violations of probation are misdemeanors, so that youths who
are placed on probation as a result of a status offense and who subsequently violate the terms
of that probation may then be charged with a delinquent offense, and thus be legally subject
to such sanctions as detention or placement in training schools.

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Probation officers are expected to enact two, sometimes contradictory, roles—service

provider or broker and behavioral monitor. As the former, they attempt to develop supportive
relationships with the youths as counselors and advocates. As the latter, they check on the
youths' compliance with the conditions of probation, and are responsible for filing probation
violations. As described in conjunction with home detention above, electronic monitoring
may also be used, or other staff, called trackers, may be employed solely to check on
probationers' whereabouts. In addition to supervising perhaps as many as fifty to one hundred
youths on their caseloads, probation officers also may be responsible for conducting intake
investigations and preparing predispositional reports used by the court in determining case
dispositions. Thus, the amount of attention they can devote to any particular youth may be
limited. Many probation departments have developed classification schemes to guide the
amount of attention given to different youths, ranging from monthly office visits and paper
processing to intensive probation (discussed later in this section).

The balanced approach to juvenile probation was introduced by Dennis Maloney, Dennis

Romig, and Troy Armstrong. Beginning with a recognition of three goals of juvenile
corrections, this approach requires that probation services incorporate a balance among:

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1. Protecting public safety by effectively monitoring the behavior of juvenile offenders;

2. Holding offenders accountable for their offenses and to their victims; and
3. Facilitating the youths' competency development via rehabilitative and skill building
services.

The balanced approach has gained considerable popularity, with some states, such as
California and Florida, even officially adopting it in their mission statements for juvenile
probation (Bazemore).

Despite the challenges posed by heavy caseloads and popular impressions that the juvenile
justice system is a "revolving door" through which the same youths return again and again,
probation is remarkably effective. Snyder and Sickmund estimate that 54 percent of males
and 73 percent of females who enter the juvenile justice system (and remember that probation
is the most common service used) never return on a new referral.

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Intensive probation. A study by the National Council on Crime and Delinquency (Krisberg,
Rodriguez et al.) cataloged a number of intensive supervision programs, operated in about
one-third of all jurisdictions. Intensive probation is used with youths who pose higher risks to
public safety than do typical probationers. It typically involves small caseloads (e.g., ten to
twenty), and frequent, perhaps daily, contact between the youths and the probation officer.
Studies have shown that some jurisdictions have successfully used intensive probation as a
less costly alternative disposition for relatively nonviolent youths who otherwise might be
sent to institutions (Barton and Butts; Krisberg, Bakke et al; Krisberg, Rodriguez, et al.;
Wiebush and Hamparian). Others, however, have suggested that intensive probation is not
effective when used with relatively nonserious offenders who would otherwise receive
regular probation supervision.

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Restitution and community service. Restitution refers to compensation made directly to

victims by offenders. Restitution may take the form of monetary payments, services rendered,
or the repair or replacement of damaged or stolen property. Because of its emphasis on
atonement, restitution is often an important part of restorative justice models (discussed later
in this entry), but may be ordered as part of an informal adjustment or as a condition of
probation.

Community service, like restitution, involves the offender giving something back, although to
the community at large rather than directly to the victim. Many probation orders include a
prescribed number of community service hours. The service activities can range from
neighborhood clean-ups to volunteering in nursing homes or other agencies, providing
maintenance chores for elderly residents, or lecturing to other young people on the dangers of
delinquency or the realities of correctional experiences.

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Both restitution and community service have the potential to promote offender accountability
to the community or to victims. The best of these activities have desirable competency
development benefits to the offenders by providing meaningful, pro-social community
involvement and useful skill development. A review of research suggests that restitution can
reduce recidivism to some extent (Lipsey; Schneider). But restitution and community service
should not be judged solely in terms of recidivism reduction—their value may lie more in
their restorative and accountability enhancing functions. As with any other aspect of the
juvenile justice system's response to offenders, restitution and community service orders
should be tailored to the individual youths and their circumstances, and should require
amounts of time or compensation that are possible for the youths to provide.

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Day treatment. Some adjudicated delinquents who remain living in the community may be
ordered to attend day treatment programs. Those who cannot return to their regular schools
may attend alternative school programs. Other programs operate in the after-school, evening,
or weekend hours. Youths approaching employable age may receive job training services.
Day treatment programs may include counseling services and recreation as well. They may
have their own facilities or operate in a host facility, such as a Boys or Girls Club.

There are few specialized counseling models applied primarily to juvenile offenders. One of
the best models is multisystemic therapy (MST), introduced by Scott Henggeler and Charles
Borduin. MST recognizes the multiple factors presumed to cause delinquency, including the
family, peers, and school, and interventions are designed to address each. Several studies, as
summarized by Gail Wasserman and Laurie Miller, have shown that MST can be effective
even for relatively serious delinquents. Since MST can be provided in the community, the
cost is far less than institutional placement.

Community residential programs. Not all youths who are placed out of their own homes
are sent to training schools or similar secure institutions. Some are assigned to group homes,
therapeutic foster homes, and other community residential programs. These are usually small
programs, with a handful of youths living with one or more adults who act as house parents.
In most, the youths attend school or work, partake of other services, and participate in various
activities in the community. Some, like the Teaching Family homes introduced by Boys
Town ( Jones, Weinrott, and Howard, 1981), have well-developed treatment models. Others
are less structured.

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Community residential settings are intended to be less restrictive and more homelike than
institutions. Some, however, may be relatively isolated from the community and resemble
secure institutions in many respects. In one study, for example, Robert Coates, Alden Miller,
and Lloyd Ohlin (1976) found that some group homes were indeed relatively open settings,
with a family-like atmosphere and multiple community linkages, while others were more
authoritarian, with few community linkages, and seemed more like institutions.

Independent living programs. While a goal of most juvenile correctional programs is the

preservation or eventual reunification of families, for some adolescents pursuit of this goal is
impossible or unwise. For some older adolescents, a goal may be emancipation, upon which
the youth legally would no longer be under parental control. Independent living programs are
designed to prepare youths for emancipation or for adult independence by housing them in
apartments and providing support for them to develop basic skills such as grocery shopping,
meal preparation, money management, and so on.

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Wilderness and adventure programs. Many people may be familiar with ropes courses and
other physically challenging programs used by some organizations to promote team
cohesiveness and individual self-confidence. Not surprisingly, such programs have been used
in juvenile justice for a long time. Some wilderness and adventure programs require
relatively long stays of many months in remote locations, in camps, wagon trains, or ocean
voyages, and cannot really be considered community-based treatment. Others are of shorter
duration, perhaps a few days or a weekend, and may be accompanied by more traditional
community-based counseling, educational or aftercare components. All rely on physical
challenges to the participants. Some of the more widely known wilderness and adventure
programs include VisionQuest, Ocean-Quest, Outward Bound, Homeward Bound, Associated
Marine Institutes, and several operated by the Eckerd Foundation.

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Albert Roberts reviewed these and other wilderness programs used with delinquent youths.
He concluded that the evidence suggests that many of these programs are more effective than
institutions at reducing recidivism, although evaluations are neither consistent nor definitive.
A meta-analysis by John Hattie and colleagues was based on ninety-six studies of out-of-
school adventure programs, including Outward Bound, around the world. Not all of these
served delinquent youths. These studies documented gains in several areas, including youths'
leadership abilities, self-concept, personality, interpersonal skills, and adventurousness. Like
Roberts, Hattie and his colleagues noted that effectiveness varied among programs.

Wrap-around services. The youthful clients of the mental health, special education, child
welfare, and juvenile justice systems are essentially the same, differing mainly in the "door"
through which they access services. Yet that door profoundly influences the nature of
services provided in the traditional categorical environment in which separate systems
provide services with separate funding streams. Moreover, many youths and families become
involved in more than one of these categorical systems, leading to confusion and overlap in
service planning and provision. As an alternative, several communities are experimenting
with wraparound services. Operating from a managed care framework, wraparound services
involve a collaboration among service providers including schools, juvenile court, child
welfare agencies, and mental health services. Using pooled funding resources, case managers
coordinate the efforts of treatment teams, drawn from the collaborative partners and including
the parents of the youths, to provide an array of services tailored to the needs of each
individual youth. Although its origins were in the mental health arena (Stroul), the concept of
wraparound services extends to youths involved in the juvenile justice system as well.

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Mentoring. Mentoring programs, such as Big Brothers and Big Sisters, have a long history in
the delinquency prevention and youth development arenas. While several studies (as
summarized in Catalano et al.) have demonstrated little effectiveness for mentoring efforts,
other research has been more promising (Tierney, Grossman, and Resch). To be effective
with young people who have already engaged in delinquent behavior, mentors require special
training. Mentoring may be used in conjunction with a variety of community treatment
programs in juvenile justice, and may also be a component of community aftercare programs,
as discussed in the next section.

Aftercare

What happens to juvenile offenders upon release from an institutional placement? For some,
especially those who have been held until the age of majority, the moment they walk out the
door, they are no longer under direct correctional supervision. Many, however, continue
under the jurisdiction of parole or aftercare services. Juvenile aftercare may involve various
combinations of transitional housing, employment training, school advocacy, mentoring,
crisis counseling, behavioral monitoring, and drug and alcohol testing. These services are
intended to facilitate reintegration into the community while providing a measure of
surveillance and control during the transition. Resembling probation in many respects,
aftercare is usually the responsibility of state juvenile correctional agencies, whereas
probation is more often run by county courts. As in many probation departments, juvenile
parole officers often have large caseloads that make meaningful levels of contact with
individual youths impossible. Yet many would point to aftercare as the potentially most
critical factor in keeping youths from reentering the system again and again.

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Juvenile correctional institutions typically have high recidivism rates. Perhaps spending
months or years in the company of other youthful offenders merely hardens individuals,
providing them with more delinquent skills and motivations. Yet, even youths who have
spent time in the best institutions, with effective rehabilitative programming producing
demonstrable short-term improvements in behavior and attitudes, eventually return to the
communities in which their delinquency was engendered, where the same influences persist.
Moreover, their opportunities for educational or vocational advancement may be even more
limited than before. Without adequate attention to aftercare and reintegration, it is not
surprising that so many fail.

David Altschuler and Troy Armstrong have developed an Intensive Aftercare Program (IAP)
model that carefully blends theory and practice. Key principles of the IAP model are:

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1. preparing youth for progressively increased responsibility and freedom in the

community;
2. facilitating youth-community interaction and involvement;
3. working with both the offender and targeted community support systems (such as
families, peers, schools, employers) on qualities needed for constructive interaction
and the youth's successful community adjustment;
4. developing new resources and supports where needed; and
5. monitoring and testing the youth and the community on their ability to deal with each
other productively (Altschuler and Armstrong, p. 11).

The IAP model begins while a youth is still in a correctional facility, providing preparatory
skills and linking institutional and community professional staffs. Following a youth's
release, the IAP model employs an intensive case management approach to provide support,
surveillance, and community service brokerage. In some cases, IAP incorporates community
residential programs as transitional components, like halfway houses. As with intensive
probation, electronic monitoring or trackers may be used as additional control mechanisms.
But the heart of the model is the individualized case planning and community support that
continues when youths are returned to their families or to independent living arrangements.
An IAP worker makes home visits, school visits, job visits, and the like as needed.

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The IAP model is being piloted in four states, with evaluation results not yet in. Evaluations
of other intensive aftercare programs have found mixed results. While some were quite
successful (Sontheimer and Goodstein), others that had difficulty fully implementing
intensive aftercare interventions had less favorable outcomes than regular aftercare
(Deschenes, Greenwood, and Marshall; Greenwood, Deschenes, and Adams).

Issues and trends

Juvenile justice professionals and the general public continue to debate how best to address
problems of juvenile delinquency. Tensions exist between those who favor a "get tough" or
"lock 'em up" approach and those who favor using the least restrictive alternatives. Beginning
in the late 1990s some have advocated the introduction of a radically different paradigm,
restorative justice. This last section examines the role of the community in delinquency
treatment in terms of these issues.

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Institutional vs. community treatment. Advocates of community treatment advance several
arguments in support of its use. Compared with institutional placements, community
programs are less costly, less disruptive to families, and have the potential to address the
youths' delinquency in the natural contexts in which it is likely to occur. Moreover, those
youths placed in institutions eventually return to their communities, and, unless steps are
taken to address the community context or provide community support to the youths upon
their return, recidivism is likely. Community treatment rests on several values-based and
theoretical assumptions—that delinquent behavior is caused and maintained by a combination
of factors, including environmental influences; that the probability of delinquency is reduced
through strengthening a youth's bonds to the family, school, and other community
institutions; and that families or family-like settings usually provide the best context for
rehabilitation.

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Those who question the appropriateness of community treatments point to the increased risk
to public safety, the difficulty in altering patterns of peer group behaviors, and the challenges
to and limitations of some families in providing adequate structure for their children as
reasons to prefer institutional placement. They suggest that institutional placements protect
communities by incapacitating offenders, act as both specific and general deterrents to
delinquency, and foster rehabilitation through structure and discipline. There is ample
evidence that institutional placements do incapacitate offenders. There is less support for the
supposed deterrent and rehabilitative effects of incarceration.

Evidence accumulating over several decades indicates that the best juvenile justice systems
are those with an extensive range of options at various levels of restrictiveness, but that many
states and counties have too few options and end up relying too much on institutions. States
vary considerably in the extent to which they rely on institutional placements. For example,
the 1997 secure custody rate of committed delinquents in Louisiana was 459 per 100,000
juveniles age ten and older; comparable rates per 100,000 population were 386 in California,
175 in Missouri, 110 in Massachusetts, and 44 in Vermont (Snyder and Sickmund). Several
studies have shown that between 40 and 60 percent of youths held in training schools in
several states do not appear to be serious or chronic offenders by most reasonable definitions.
Many have never committed a felony-level offense, but have had difficulties in various other
placement settings, frustrating local probation officers and the courts.

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Early evaluation studies in Massachusetts, which closed its juvenile training schools in 1972
and replaced them with a regional network of community-based alternatives, revealed an
overall higher recidivism rate, except in areas where a full array of alternatives were available
(Coates, Miller, and Ohlin). A later reevaluation found that once a well-structured system of
dispositional options had been developed in Massachusetts, results compared favorably in
terms of recidivism outcomes with other states that relied more heavily on secure institutions
(Krisberg, Austin, and Steele). Favorable results for community treatment have also been
observed in several other states.

Community treatment alternatives even hold promise for serious and violent juvenile
offenders (SVJ), those adjudicated for major crimes against persons or property, usually
thought to require confinement in secure institutions. A meta-analysis of more than two
hundred evaluations of interventions for serious and violent juvenile offenders shows that the
most effective ones involve interpersonal skills training, cognitive-behavioral treatment, or
teaching family home programs (Lipsey and Wilson). As summarized by Rolf Loeber and
David Farrington, "Interventions for SVJ offenders often have to be multimodal to address
multiple problems, including law breaking, substance use and abuse, and academic and
family problems" (p. xxiii).

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Restorative justice. The adult criminal justice system is an adversarial system in which the
state exercises its authority to exact retribution from criminal offenders whose guilt has been
proven beyond a reasonable doubt. Defendants, in turn, are guaranteed certain rights or due
process protections in the determination of guilt or innocence. Justice is accomplished when
the punishment meted out fits the crime. The juvenile court movement at the beginning of the
twentieth century, on the other hand, was based on a philosophy of parens patriae, in which
the state assumed the responsibilities of a parent when the natural family was unable or
unwilling to do so. Rather than the strict pursuit of justice, the goal of the original juvenile
court was to act in the best interests of the child. During the course of the twentieth century,
however, as described elsewhere in this volume, the Supreme Court recognized that the
juvenile court did not always act in the child's best interest, and, in a series of decisions,
gradually instituted for children many of the same due process protections afforded to adults.

Neither the adult criminal court nor the juvenile court appear to place primary emphasis on
restoration, that is, repairing harm done to victims and providing offenders a way to regain
full community status. The paradigm of restorative justice embraces these emphases. As
outlined by Daniel Van Ness, restorative justice rests on three principles:

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1. Justice requires that we work to heal victims, offenders and communities that have
been injured by crime;
2. Victims, offenders and communities should have the opportunity for active
involvement in the justice process as early and as fully as possible;
3. We must rethink the relative roles and responsibilities of the government and the
community. In promoting justice, government is responsible for preserving a just
order and the community for establishing peace (pp. 8–9).

In the context of juvenile justice, restorative justice principles may be found in a variety of
programs, such as victim-offender mediation, family group conferences, teen court (in which
young people enact the roles of judge, attorneys, and jury to resolve cases), and some forms
of restitution and community service. There is disagreement among restorative justice
advocates over whether involuntary sanctions (e.g., court-ordered punishment) can play a role
in restorative justice (Bazemore and Walgrave), but clearly the emphasis is on repairing
harm, reintegrating offenders, and involving all affected stakeholders in the process. A
national project, directed by Gordon Bazemore and Mark Umbreit, is attempting to develop
and test the application of restorative justice to juvenile justice in several jurisdictions.

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Conclusion

The real challenge for the juvenile justice system is to strike a cost-effective balance among
the various alternative approaches. While the political climate and public rhetoric often
reduce the issue to an overly simplistic battle between "get tough" conservatives and
"bleeding heart" liberals, the real question is what works best, for what kinds of youth, under
what conditions. The best systems seem to employ multiple response options flexibly along a
wide continuum of restrictiveness, accompanied by assessment procedures that tailor
responses to the unique situations of individuals, and monitored by careful evaluation of
outcomes.

William H. Barton

See also Juvenile and Youth Gangs; Juvenile Justice: History and Philosophy; Juvenile
Justice: Institutions; Juvenile Justice: Juvenile Courts; Juveniles in the Adult System;
Juvenile Status Offenders; Juvenile Violent Offenders; Police: Handling of Juveniles;
Prevention: Juveniles as Potential Offenders; Schools and Crime.