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ROLE OF EDUCATION AND JUVENILE CRIME PREVENTION

BY : DIVYA OJHA *

ABSTRACT

According to National Crime Record Bureau (NCRB) the rate of crime under
registered cases against juveniles in has been increased to 89.28 percent from 2005
to 2016 and the aggregate of 30,555 crimes were committed by minors last year .
Education plays a wide role in the life of a juvenile .Schools are linked to juvenile
delinquency in three ways; it can lead to crime, help prevent crime, and deal with
criminal behavior . Schools play a crucial role in addressing these issues through
prevention and intervention programs. Young criminals are not stereotyped to be
bad members of society and the impact of child and adolescent education may
contribute to their misbehavior .The physical development of children is passing
but they do not have the knowledge of their essential rights, values, ethics and
humanity. Juveniles include themselves in robberies, rapes, and assaults are
sometimes similar because of psychiatric issues. Juveniles start getting attracted to
consuming alcohol or other substances as a result of their illicit actions . The work
of teachers in educational practice and their relationship with students, the intervention
of specialists, and teaching in the field of law, reduce the intention to commit crimes in
adolescence.

* III SEMESTER BALLB , STUDENT , UNIVERSAL SCHOOL OF LAW , KARNATAKA STATE LAW UNIVERSITY , BANGALORE ,INDIA
560074
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Juvenile delinquency and legal framework in india

According to the federal juvenile delinquency code , a juvenile commits a criminal offence before he
becomes the age of 18 years . In most cases of a juvenile committing an offence be under the age of
18 years , but if he is above the age of 18, person is called as an adult 1 . One of the reports from
NCRB states that the cases of crime by juveniles have taken an uptrend of up to 18% i.e 2,876 minors
were found in 1,946 criminal cases in 2014 . These juveniles were found against many evil crimes like
rape, murder , attempt to murder and robbery. 2

In one of the most infamous cases in india , known as the Nirbhaya case (Nirbhaya v union of India
114/2013 ), six perpetrators were involved in a brutal rape . Shockingly, one of them was a juvenile at
the time . Despite the severity of the crime , the juvenile offender was sentenced to three years of
imprisonment, as per the laws governing juvenile justice, and was tried in a juvenile court . 3

In India the juvenile offenders are dealt with under Protection of children from sexual offences
(POCSO )which was passed in 2012 . POCSO not only gives the idea of punishment for these
offenders but also illustrates about sexual assault , sexual harassment and child pornography .4

The Juvenile Justice ( Care and Protection ) Act ,2015 was enacted to provide care , protection and
development for juveniles . It states that, rather than punishment, they should be given counselling
which would not affect their education and also build good behaviour in themselves . POCSO also
imparted the punishment of heinous crimes upto 3 years and maximum can be extended till 5 years
with fine. 5

To prevent juvenile criminal acts, we need to understand the reason for the juvenile involvement in
criminal acts .

1
https://www.researchgate.net/publication/
371364101_The_Influence_of_Child_and_Adolescent_Education_on_Juvenile_Delinquency

2
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3791374

3
Nirbhaya v Union of India (2017) 6 SCC 1

4
National Human Rights Commission of India

5
POCSO ACT , 2015
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UNDERSTANDING ADOLESCENT BEHAVIOUR : social influence and

delinquency

It is assumed that antisocial behaviour might be a normal part of growing life . The United nation
Guidelines for the prevention of juvenile delinquency (the Riyadh Guidelines) claims that
“Youthful behaviour that does not conform to overall social norms and values is often part of the
maturation and growth process and tends to disappear instantly in most individuals with the
transition to adulthood” , Many youth unknowingly might have committed some petty minor
criminal offence during their adolescence but not making it as criminal career for their future. 6

The juvenile who commits an offence alone can also be involved with some groups .Juvenile
peer groups are recognized for their high levels of social gumminess , hierarchical organization,
and a certain behaviour based on rejection of adult values . The sub-cultural characteristic of
juvenile group activities is rarely given the attention it deserves. These sub cultures have distinct
symbolic nature for the present one the most important factor could be violence and deviant
behaviour.

WHAT DRIVES YOUTH CRIMES ?

The crimes which is commonly committed by young offenders consist of larceny , assault, illegal
purchases , other drugs and alcohol crimes , violence crimes , sexual offences , and vandalism .
There is no specific reason for the young offenders for committing any crime , rather the
situation turns into crime because they may think they don't have any other options.

They also Commit crime due their struggle and mental health issues or any other addiction . A
report of Australian Institute of Criminology (AIC) 2016, trends up that, there are numerous
factor constituting the youth criminal activities rather than understanding a single cause these
factors can be divided into three categories : individual, family and community . 7 The juvenile

6
United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), adopted and
proclaimed by General Assembly resolution 45/112 of 14 December 1990, available at
http://www.unhchr.ch/html/menu3/b/h_comp47.htm.United
7
https://shaheergharay.medium.com/what-makes-young-people-commit-crimes-1a36a031bea2
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incarcerated in jails of United States is reaching the figure of almost 60,000 offenders who are
under the age of 18 years . The juveniles might commit crime due to the violence at home , lack
of moral guidance and supervision, poor educational quality , poor school performance,
substance abuse , peer pressure, socioeconomic factors , and due to their rights getting violated . 8

INNOVATIVE SOLUTIONS FOR JUVENILE DELINQUENCY

PREVENTION AND REHABILITATION

Social approaches

A number of United Nations tools have reflected their preferences for social over judicial
approaches to control juvenile delinquency.9 In the economic sector, providing adolescents with
professional development programs, new workplace, wide opportunities , professional training
sessions will result in income-generating measures for them. Educational programs will help in
positive self appraisal , where they will learn to deal with conflicts and have great control over
their anger issues . By changing the urban environment, the rate of juvenile crimes may be
reduced, but the child's interest should be taken care of .

Recreation and community engagement

Recreation can also be another method of juvenile crime prevention , by this activities the
juvenile gets benefited because they are unsupervised after school hours . A report of department
of education states that the juveniles commit most of the crimes in between of 2.pm to 8.pm and
the peak could be 3.pm . This method of recreation will connect the youth of a county with the
adults and many other people of a community. The community involvement is most necessary
phase for the juvenile where girl scouts, boy scouts, church youth groups and many other groups
are involved ina a community . This creates a safe social zone for the juvenile and even other
local people.
8
https://www.nicewicz.com/blog/7-factors-leading-to-juvenile-delinquency/?amp=1

9
United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)
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Parent-child interaction and prevention of bullying

Other important factor to prevent juvenile crime is parent-child interaction training programs ,
which takes almost 12 weeks to complete. This program is built in such a way that it teaches
parents parenting for the child under age group of two to seven years because this is the age
where the child build their mind in a way . The child should choose the road not taken by others
to be different and smart from others . This program is guided by a therapist to the parents to
explain the situation of positive and negative behaviour to the child . Bullying prevention
programs can also help in crime prevention as this must be placed in elementary and junior high
schools .

Successful model of juvenile detention

The Nebraska Correctional Youth Facility ( NCYF ) can be traced as a successful one of the
juvenile detention facility . The youngest juvenile are of age 15 years and the oldest could be
traced as 21 . This institution separate the younger offenders from the older one and try helping
them to change their behaviour to build a safe environment . A program which is as unique as
NCYF is "PROJECT HEART" .

Preventing repeat offenses

Ending repeat offenses also has a part in juveniles crime prevention , as soon as the juvenile is
released , they may face issues to readjust in the society freely as before . Onces the juvenile is
out of rehabilitation or prison , juvenile need to create a pattern of life to relive the life as before
but separate from criminal activities. To support the process of crime prevention the court had
given its best and implemented some of the social services which helps these juvenile to reframe
their lives . It follows functional Family Therapy (FFT) and many more .10

10
https://www.impactlaw.com/criminal-law/juvenile/prevention
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Beyond the classroom and Juvenile

School education Plays a Important role in decreasing juvenile Crime rate in any country .
School is a place where a child learns about life lessons . As In school many activities are done
with studies as a part of it like dance , drama, competitions , sports ,art etc which are held timely
.

These activities also Gives the juvenile The safe social environment where they don't think to
hurt anyone by any means and just Socially interact with people . The role of Value Based
Education( VBE) is necessary for juveniles at school level in India . VBE provides a Great focus
for assisting juveniles’ misbehaviors. It shares its part by helping with the collaborative and
cohesive measure, school community which finds juveniles’ problems and tries to solve them
effectively. 11

These programmes are meant to encourage the juvenile thus for this to be in practicality the
schools should be located out of the society locality , the school environment should be attractive
and need to have a well furnished infrastructure , the area where these kids spent their whole day
is school thus the place should be also clean .School is the place where these juveniles are
moulded in a proper way they should be taught by the teachers the religious , historical and
moral values of life . 12

Insights into the juvenile justice acts in India

In 2015 , the Juvenile Justice Act replaced the 2000 law to ensure equal treatment for juvenile
offenders. Lack of education and unhealthy socio cultural environment are often cited as primary
factors contributing to youth involvement in serious crimes .

In India according to section 2(k) of the 2000 act a juvenile is described as a person who has not
completed the age of 18 years . Juvenile acts of 1960s and 1986s , were not satisfied thus the
11
Educational Quest: An Int. J. of Education and Applied Social Science: Vol. 9, No. 3, pp. 229-232, December 2018

12
www.onlinenotebank.wordpress.com
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juvenile justice act 2000 was in force from 30th December 2000 . This act was also amended in
2006 and 2010 , but due to the Delhi rape case i.e Nirbhaya case the act was in a need of strict
rules and law for juvenile offenders thus juvenile justice act 2015 came in force amending the
previous one . 13

The report of NCRB shows that their are almost 10 murder cases by juveniles in Delhi , 2017-
2021 NCRB has listed more than 13,000 crimes committed by the juvenile. 14 There are 701
juvenile justice boards in india which is also been supported by intergated child protection
scheme (ICPS) of the ministry of women and child development. 15

Failure of the school to understand the delinquency

The child who is below average level need attention thus a teacher plays a pivotal role in
moulding the juvenile. The child deals with all the stages of mis adjustment where the problems
can easily be solved rather than dealing it with a big process . Usually children doesn't like going
to school due to pressure or what ever the reason , thus at this stage the teacher should make the
child understand the value and importance of school life .

Sometimes the ignorance of a little problem of a juvenile also hurts their feeling and they may
commit wrong . School system should provide a good and normal social participation to the child
. Unless these arrangements are made till the the child of below average level the school for
direct or indirect trauma.

If the child finds that their grades aren't enough and satisfying the rather try staying away from
school and get into other activities. Unless schools realise that it's their responsibility to
recognise the causes of delinquency and adjust their program to meet the need of these children
who takes time to adjust in the environment the problems with juvenile delinquency will
continue .

13
Juvenile delinquency in india by Kashish mathur ( Legalserviceindia.com)

14
https://timesofindia.indiatimes.com/?back=1

15
https://www.kamarajiasacademy.com/current-affairs/juvenile-crimes-in-india
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The school should be an referral agency as it cannot take care of everything for the child. In
today's world children lack sex education, it is a concept which should be taught to a child since
their childhood .16 The juvenile must understand the difference between sex without consent , and
sex with consent .

In India people hesitate to talk about these topics to their child but here is what things go wrong ,
the child may misunderstand the concept and may have a wrong guidance which may lead to
rapes by juvenile . It is not only guardians duty to talk about sex education but also the schools
because many of the juveniles spent their most of the time in school .

Some juveniles never have a explores of the outside world because they are been kept In
boarding schools since their childhood , these children need the support of the school to educate
them on this topics in fact it is the schools responsibility .

It maybe a concern that the schools understand the high range of individual differences among
the students and assists them all especially those with mental, physical, or social handicap with
work which enable the measure of success and satisfaction out of the school program.

Educational discrimination against any kind of community or any other minorities group pave
way towards delinquency. There should be a kind of understanding that the school must not
discriminate on any ground which makes the child feel inferior to other . The problems of the
juveniles should be more than the textbook orientations . As well as there should be update to
parents regarding their ward on weekly or monthly basis by conducting parent teachers
interacting sessions .17

Role of teachers in inculcating values

Teachers are role models to students, they have a great part in a child's life to grow ethical
behaviour. Education is significant as a whole in a child's life to inculcate discipline. Dealing
with moral values is an internal part of teachers role .

16
Grennan, Mary Ita, "The Role of the School in the Prevention of Juvenile Delinquency " (1957). Master's Theses. Paper 1393.
http://ecommons.luc.edu/luc_theses/1393 pg no . 1-37.

17
Grennan, Mary Ita, "The Role of the School in the Prevention of Juvenile Delinquency " (1957). Master's Theses. Paper
1393.http://ecommons.luc.edu/luc_theses/1393 pg no 52-72.
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Teachers are the second parents of the students. In India Sanskrit was the first language to
develop and in Sanskrit a sloka states like " matru devo bhava , pitru devo bhava , acharya devo
bhava" in general terms it means that mother and father are given the place of God in anyone's
life after them teachers are imparted the place of God in a students life , thus a teacher is the one
who can mould the child into a good person .

That's why a teacher plays a significant role in a students life to inculcate discipline, moral
values and behaviour. Students must understand the value of teachers and the morals they teach
us. 18

The teacher should educate the child about healthy relationships and how to resolve conflict with
their parents .19

Biological Approach of Juvenile Crimes

This approach has mostly concentrated on the brain dysfunction . Other research gives a report
of abnormal electroencephalogram (EEG) which is a recording of the brain activity of a
criminal. If we talk biologically , the teenager pass through development stages which are not the
same .

Some teenager Develop very slowly which creates an imbalance in them and they don't think
twice before the act . The brain's capacity grieves that a teenager can still learn restraint,
judgment and empathy. Adolescent is a phase where the tumultuous changes takes place in the
brain .20 Brain development , genetic and hormones play a significant role describing biological
Approach . 21

18
Role of Teachers in Inculcating Values among Students Mr. S.ALEXANDER MOHAN Vol-1 Issue-2 2016 IJARIIE-ISSN(O)-2395-
4396

19
https://shaheergharay.medium.com/what-makes-young-people-commit-crimes-1a36a031bea2

20
Curriculum Units by Fellows of the Yale-New Haven Teachers Institute 2000 Volume II: Crime and Punishment

21
https://shaheergharay.medium.com/what-makes-young-people-commit-crimes-1a36a031bea2
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The convicted criminal behaviour is associated with PFC ( prefrontal cortex) which is also
known as higher level of cognitive processes as decisions making, attention, emotions
regulations etc . 22

Amygdala is a important region of our brain which takes over the emotional criteria for the
body . A healthy social environment is a necessary part for human brain development and it's
function.23

Relationship Between Substance Abuse and Youth Crime

Study shows that youthful offenders have higher level of use of abusive substance and other drug
items as compared to the minors . This substances has produced the anti social behaviour in
juveniles by controlling their mind and actions.

The younger the minor involved in drugs or alcohol usage , higher the chances of him having
involvement in chornic criminal behaviour. The main focus of parents, teachers or guardian
should be on child's mental health and behaviour parents should know about thier child that in
which kind of activities they are involved in.

If a juvenile is already in to usage of drugs or alcohol then the juvenile will have less control
over his body, little things might hurt him and due to this the juvenile might take wrong actions
or think that hurting someone would relief him from the pain , the juvenile gets pleasure while
using a drug or alcohol substance and when it turns to pain they might think to get rid of the pain
, thus Commit crime . 24

Need for comprehensive support and reform

On a concluding note , we can expect that this problem of juvenile delinquency and problems in
education system will come to an end with a over all support of everyone playing a role in that
juvenile's life , However in our country the problems are all the more formidable. Almost all the
times the juveniles face physical , sexual, biological or psychological and other forms of abuse
22
Psychol Crime Law. Author manuscript; available in PMC 2019 Jul 19.Published in final edited form as:Psychol Crime Law.
2019; 25(6): 626–640. Published online 2019 Jan 30. doi: 10.1080/1068316X.2019.1572753

23
(Fine & Blair, 2000; Murphy, Nimmo-Smith, & Lawrence, 2003; Sergerie, Chochol, & Armony, 2008)

24
https://childsafety.losangelescriminallawyer.pro/juvenile-offenders-drugs-and-alcohol.html
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which was clearly stated in the paper that it completely effect the childs mental health which as a
result leads to crimes by juvenile . India's crime rates are increasing day by day which is a matter
of concern that need to be addressed by our experts . Although their exist many laws and orders
for juvenile crime prevention but still the crime is been committed , this matter should be dealt
with a clear mind to solve the problem of juvenile. The juvenile need to be guided with the
positive and negative aspects of the action which he performed or is going to perform . Qorianka
kilcher states that "I think its important for us as a society to remember that the youth within
juvenile justice systems are, most of the time, youths who simply haven't had the right mentors
and supporters around them because of circumstances beyond their control." 25

25
JUVENILE DELINQUENCY IN INDIA: CAUSES, PREVENTION AND REHABILITATION MS. SHAILZA Ph.D. Research Scholar .
International Journal of Advanced Research in Management and Social Sciences ISSN: 2278-6236 Impact Factor: 7.624
www.garph.co.uk