JUVENILE DELINQUENCY: A RISING PHENOMENON ITS CAUSES AND MITIGATION BY COMMUNITY BY - GAUTAMI GUPTA

JUVENILE DELINQUENCY: A RISING PHENOMENON ITS CAUSES AND MITIGATION BY COMMUNITY
 
AUTHORED BY - GAUTAMI GUPTA
 
 
ABSTRACT
Juvenile delinquency is the term used to describe the criminal acts of the criminal offenders who are not major i.e. under 18. This research aims to explore the educational background of the delinquents along with the family background and their economic status which affects the juveniles or which results in the crime among juveniles. During my research the major factor behind increased crimes by juveniles and that which was highlighted was of the low income of the family, family background (nuclear or joint or homeless), lack of parental supervision on their children which becomes the main cause leading to the rise in this trend of delinquency. Majority of the crime is committed by those who are in the age group of 16-18 years because of the negative influence of the peer groups or the surroundings. This research paper highlights the major causes of Juvenile Delinquency and underscores the need for targeted social interventions to address these root causes. Further, there is also mention of some key facts and figures that illustrate the scope and nature of juvenile delinquency. This research paper highlights the role Education plays in shaping the beliefs system and moral values and that Community and schools can come up with awareness programmes, role plays and counselling to help the youths to learn how to engage in positive self-appraisal, deal with conflict and aggression.  The paper concludes with recommendations for policy changes and the role played by society in mitigating it.
 
Keywords: Economic Status, Parental Supervision, moral values, conflict, Self appraisal
 
INTRODUCTION
Children are inherently innocent and free from criminal tendencies at birth. However, it is often the societal environment that introduces and fosters criminal behaviour in them. For children to develop into responsible and ethical adults, they require more than just basic physical and mental growth; they need access to essential resources, equal opportunities, a nurturing environment, and strong moral guidance. While a child is naturally born without guilt, challenging circumstances and negative influences can push them toward delinquent behaviour. To prevent this, it is crucial to provide children with adequate supervision, guardianship, quality education, and dedicated attention.
 
The family plays a pivotal role in a child's upbringing. Studies show that children raised in nuclear families are more susceptible to engaging in criminal behaviour than those raised in joint families. This is often due to a lack of supervision and guidance, leading them to seek alternative ways to satisfy their desires. Due to their limited maturity, they may struggle to differentiate between right and wrong. When children resort to inappropriate methods to meet their needs and find success, these behaviours can become habitual.
 
According to data from the National Crime Records Bureau (NCRB) for 2015, a total of 35,448 juveniles were apprehended, with a significant portion involved in serious offenses such as rape, murder, theft, robbery, burglary, culpable homicide not amounting to murder, attempted murder, kidnapping, and abduction. These statistics highlight the urgent need for a supportive environment that promotes positive growth and discourages criminal activities among youth. The youth is a crucial resource for any nation. The younger generation holds the key to the future of society, and it is imperative that they are instilled with a sense of duty towards their country. Governments prioritise the development, education, and training of young minds to ensure they become productive members of society.
 
?       Background on Juvenile Delinquency: -
Juvenile delinquent, a legal term coined in the late 1800s in the United States, refers to young individuals who have violated the law.
The juvenile justice system encompasses a collection of laws, policies, and institutions designed to address young offenders. It differs from the adult criminal justice system in that it places greater emphasis on rehabilitation rather than punishment. Moreover, the juvenile justice system employs distinct procedures for handling juveniles, including juvenile courts, detention centres, and correctional facilities. The notion of delinquency, along with specialised trials and institutions for confining and supervising young individuals, was established in the mid-19th century in Great Britain. During this time, courts gained the authority to intervene as parens patriae (Latin for "parent of the land") to safeguard the property rights of children. It is commonly seen that people get confused with two terms Minor and Juveniles. The term ‘Minor’ and ‘Juveniles’ are used in two different contexts. The term Minor is used to define the legal capacity of the child while the term Juveniles is used in reference with the young criminal offenders.
In order to understand the present legal provisions of curbing crimes committed by juveniles it is important to look into the Historical development of Juvenile justice Regime in India.
 
?       Historical development of Juvenile Justice Regime in India
Prior to 1850 there was no such legislation enacted to look after the cases related to juveniles. In 1850, the first legislation was passed in form of Apprentice Act, this act constitutes the provisions related to vocational training to convicted children.
Soon after that Indian Penal Code, 1860 was passed according to which an absolute immunity was given to the child under the age of 7 from criminal liability under section 82 whereas section 83 provides partial immunity to child of the age group 7- 12 years. Above 12 years were treated as adult under this Act. But the threat was that sending the children to the ordinary jail might result in bad consequences. Hence, Reformatory School Act was enacted in 1897 which provided for the constitution of Reformatory schools for young persons (boy not above than 15 years). Further Children Act, 1960 was enacted and various states enacted their local children acts to deal with delinquency.
 The time demanded uniform law to be enacted to govern juvenile delinquency and hence in year 1986 the Juvenile Justice Act and which was recently amended in year 2015 Juvenile Justice (Care and Protection) Act which extends to whole of India except state of Jammu and Kashmir. This act provided for the establishment of one or more juvenile justice board for exercising the powers and discharging its functions related to children who are in conflict with law. According to this act, passed in 2015 by Lok Sabha has new clause that if a juvenile of 16 years or above commits some Heinous Crime, he may be tried as an adult. The juvenile Justice board will determine whether the juvenile is fit to be tires as an adult based on the findings of a preliminary inquiry and the period of preliminary inquiry will be of 3 months.
Before proceeding further, I would like to mention the recent Pune Porsche Case which is a suitable example of juvenile delinquency. Pune Porsche Case which took place on 18th May and was in headlines due to its unique judgements being given to protect the upper rich class of citizens and the loopholes associated with them as it was encouraging corruption and misleading the principle of justice delivery. It was discovered that the FIR was first registered under 304A of IPC which gave maximum punishment of 2 years to the accused and not under Sec 304 of IPC which deals with culpable homicide amounting to murder in which maximum judgement given is of 10 years to protect the juvenile accused. 
The main question which arises in minds of many researchers and curious minds is that why do children commit crime? So, following are the theories regarding Juvenile Delinquency:-
 
1)      Classic theory (Rational choice theory): According to this theory, people are rational and they used to make calculated choices regarding what they are going to do before an act. Juvenile delinquents before committing any crime, firstly they collect information regarding particular event then process and evaluate information about the crime and after weighing the benefits of such crime they decide to commit such act.
2)      Social Control Theory: This theory is considered as the most important theory of sociological theory in regards to juvenile delinquency which lays its foundation on the ideologies of Thomas Hobbes and in 20th century criminologist expanded his ideologies and concluded that without control children would break law. As per this delinquency is expected behaviour of juveniles. The main purpose was to prevent the crime among juveniles at very first instance.
3)      Social bond theory: According to this theory, human being is connected to society by four elements- attachment, commitment, involvement and belief. Stronger the bond of attachment, likely the youth will commit less crimes. Once juveniles are committed towards their career and get involved in education hence the chances of their involvement in crime gets less. Through various research it has been reported that children who had strong bond with their parents and knows the importance of ‘Values’ and ‘Beliefs’ are less likely to become delinquent.
4)      Anomie theory: according to Robert Merton, the main reason behind the delinquency among juveniles is the lack sources to attain their goals and in order to attain such goals they fail to analyze wrong and right method get involved in activities contrary to law of the land.
 
 
Literature Review
Several studies have explored the relationship between socioeconomic status and juvenile delinquency. According to the Strain Theory, individuals from lower socioeconomic backgrounds experience greater stress and frustration due to limited access to legitimate means of achieving socially accepted goals, which may lead them to engage in criminal activities as an alternative means of achieving success (Agnew, 1992). Similarly, Social Disorganization Theory posits that impoverished neighborhoods lack the social structures necessary to maintain social control, resulting in higher rates of delinquency (Shaw & McKay, 1942).
 
Research by Williams and Guerra (2011) found a direct correlation between low family income and increased rates of juvenile crime. Their study of 2,000 juveniles revealed that youth from low-income families were more likely to engage in theft, vandalism, and drug-related crimes than those from higher-income families. Further, a report by the U.S. Department of Justice (2020) indicated that areas with high poverty rates and unemployment had significantly higher rates of juvenile arrests.
 
However, not all studies agree on the extent to which SES influences juvenile delinquency. Some researchers argue that factors such as peer influence, parenting styles, and individual personality traits may also play critical roles. This paper seeks to synthesize these findings and offer a nuanced understanding of the relationship between SES and juvenile crime.
 
?       Examination of the influence of family, peer, school, and community environments on juvenile behaviour
1.      Family Environment: The family environment is a cornerstone in shaping juvenile behaviour, serving as the primary microsystem in ecological systems theory. It encompasses the immediate interactions and relationships within the family unit. Positive family environments, characterised by love, support, effective communication, and consistent discipline, play a pivotal role in fostering a sense of security and emotional well-being for juveniles. In such environments, children are more likely to develop strong attachments and acquire essential life skills, contributing to positive social and emotional development.
- Conversely, adverse family environments marked by dysfunction, conflict, or neglect can significantly impact juvenile behaviour. These environments may create stressors that hinder healthy development, potentially leading to behavioural problems and a higher susceptibility to delinquency. A lack of familial support or inconsistent parenting can contribute to a sense of instability, influencing a juvenile's choices and relationships outside the family.
- Understanding the nuances of family dynamics is essential for comprehensively addressing juvenile behaviour. Interventions aimed at promoting positive parenting, improving communication within the family, and addressing underlying issues contribute to creating a supportive family environment. By recognizing and enhancing the positive aspects of family life, interventions can mitigate risk factors and foster resilience in juveniles, positively influencing their behaviour and overall well-being.
 
2.      Peer Relationships:- - Peer relationships, forming a crucial microsystem, significantly influence juvenile behaviour. During adolescence, peers become increasingly influential as individuals seek social acceptance and identity formation. Positive peer relationships can offer support, guidance, and a sense of belonging, acting as protective factors against delinquent behaviour.
- Conversely, negative peer influences can contribute to engagement in delinquent activities. Peer pressure, the desire to fit in, and the influence of deviant peers may lead juveniles to make choices contrary to societal norms. The impact of peer relationships extends beyond direct interactions, affecting attitudes, values, and decision-making.
- Peer relationships also operate within the broader context of the mesosystem, interacting with family and school environments. Positive connections with peers can enhance social skills and contribute to a more positive school experience. On the contrary, negative peer influences may exacerbate conflicts within the family or contribute to challenges in the academic setting.
 
3.      School Environment:- - The school environment, situated within the mesosystem, plays a pivotal role in influencing juvenile behaviour. As a microsystem, schools contribute to the socialisation and development of young individuals. Positive school environments are characterised by supportive teachers, effective discipline, and a culture that fosters learning and inclusion. Such environments contribute to the development of essential life skills, positive peer interactions, and academic success, acting as protective factors against delinquent behaviour.
- Conversely, negative school experiences, such as bullying, inadequate teacher-student relationships, or a lack of support, can contribute to juvenile delinquency. Academic struggles, coupled with an unsupportive school environment, may lead to disengagement and increased susceptibility to risky behaviours.
The school environment is interconnected with family and peer influences within the broader ecological context. Positive relationships with teachers and peers can enhance resilience and contribute to overall well-being. Additionally, schools can serve as a platform for interventions addressing behavioural issues, providing essential resources and support.
 
4.      Community Context:- - The community context, forming part of the ecosystem, significantly influences juvenile behaviour. It encompasses the broader external factors beyond immediate family and school settings. Positive community environments, characterised by safety, accessible resources, and supportive social networks, contribute to a sense of belonging and provide opportunities for positive youth development. These environments act as protective factors, reducing the likelihood of juveniles engaging in delinquent behaviour.
- Conversely, communities marked by poverty, limited resources, and high crime rates may expose juveniles to risk factors associated with delinquency. Limited access to educational and recreational opportunities, coupled with a lack of community support, can contribute to the vulnerability of young individuals.
- Community context also influences social norms and values, shaping the expectations and behaviours of juveniles. Positive community engagement and opportunities for involvement in constructive activities contribute to a sense of purpose and belonging, mitigating the risk of delinquency.
- Understanding the role of the community context is essential for developing comprehensive strategies to address juvenile behaviour. Interventions focusing on community development, crime prevention, and the enhancement of social services can positively impact the ecological systems surrounding juveniles. By fostering positive community environments, interventions contribute to creating a supportive context that nurtures the well-being of young individuals and reduces the likelihood of delinquent behaviour.
Since, we have covered the major causes and factors of spread of juvenile delinquency and the significant role played by Family Environment, Peer Relationships, School Environment and community so now let us dive into The Potential Long-Term Impacts of Juvenile Delinquency On Individuals and Society.
 
?       The Potential Long-Term Impacts of Juvenile Delinquency On Individuals and Society
Beyond the immediate consequences of juvenile delinquency, such as legal penalties or involvement with the juvenile justice system, there are profound long-term impacts on both individuals and society as a whole which needs to be avoided. Understanding these ramifications is crucial for developing holistic approaches to prevention and intervention.
1)      Individual Consequences:
Juvenile delinquency can have lasting effects on the lives of young offenders. Engagement in criminal behaviour during adolescence can disrupt educational attainment, hinder employment prospects, and limit opportunities for social and economic mobility in adulthood. Moreover, involvement in delinquent activities may exacerbate existing mental health issues or lead to the development of substance abuse disorders, further complicating the individual's path to rehabilitation and reintegration into society.
 
2)      Societal Implications:
The societal costs of juvenile delinquency extend beyond the individuals involved, affecting communities and institutions at large. High rates of juvenile crime can contribute to perceptions of neighbourhood instability, erode social cohesion, and undermine trust in public institutions. Additionally, the financial burden associated with juvenile delinquency, including costs related to law enforcement, judicial proceedings, incarceration, and victim restitution, places strain on public resources and taxpayer dollars.
 
3)      Intergenerational Transmission:
Furthermore, there is evidence to suggest that juvenile delinquency can perpetuate cycles of disadvantage across generations. Children of parents who have been involved in the criminal justice system are at an increased risk of experiencing adverse outcomes, including delinquent behaviour, academic underachievement, and economic hardship. Breaking these intergenerational cycles requires targeted interventions that address underlying risk factors and promote positive family dynamics and community support systems.
It is much evident from the above mentioned points that the Potential Long-Term Impacts of Juvenile Delinquency On Individuals and Society must be avoided at all costs. Thus below mentioned strategies can be incorporated to address these issues of Juvenile Delinquency:-
 
Prevention and Intervention Strategies:
Addressing juvenile delinquency requires a multifaceted approach that integrates prevention, intervention, and rehabilitation efforts. Early intervention programs aimed at at-risk youth can help mitigate risk factors and promote resilience, reducing the likelihood of delinquent behaviour. Furthermore, community-based initiatives that provide educational, vocational, and mental health support services can empower young people to make positive choices and avoid involvement in criminal activities.
 
Restorative Justice:
In addition to punitive measures, restorative justice practices offer an alternative approach to addressing juvenile delinquency by focusing on accountability, healing, and community restoration. Restorative justice programs bring together offenders, victims, and community members to discuss the harm caused by the delinquent behaviour and work collaboratively to find solutions that repair the harm and prevent future offences. By emphasising empathy, communication, and reconciliation, restorative justice approaches promote positive outcomes for all parties involved.
 
Now, we will closely analyse the Interplay between Individual Characteristics and Environmental Factors in Shaping Delinquent Behaviour and strategies for addressing the same.
 
The interplay between individual characteristics and environmental factors is crucial in shaping delinquent behaviour. Individual traits such as temperament, cognitive abilities, and emotional regulation interact dynamically with various environmental influences, creating a complex web that contributes to the development of delinquent behaviour.
-        For instance, a child with impulsive tendencies may be more susceptible to negative peer influences, leading to engagement in delinquent activities. Likewise, a supportive family environment and positive role models can act as buffers, mitigating the impact of individual risk factors. The interaction between these individual traits and environmental factors is reciprocal—individual characteristics can shape how one responds to environmental stimuli, and at the same time, the environment can influence the development and expression of individual traits.
-        Schools and communities further contribute to this interplay. Academic success and positive school experiences can enhance protective factors, while a lack of educational support may exacerbate individual vulnerabilities. Similarly, community resources and social networks can either provide opportunities for positive development or expose individuals to risk factors associated with delinquency.
-        Understanding this intricate interplay is essential for tailored interventions. Comprehensive strategies should address both individual characteristics and environmental influences, recognizing the bidirectional nature of their impact. By targeting specific aspects within each domain, interventions can effectively reduce the risk of delinquent behaviour and promote positive youth development.
 
?        Research Methodology
To analyze the rising trend of juvenile delinquency in criminology and the influencing factor the method opted for research is the Quantitative method.
 Data for the research is collected from various government sites www.ncrb.gov.in, www.data.gov.in and through articles from the newspaper i.e. the times of India. Present research is done on the analysis of data collected for the time period of 2003-2013.
 
EXPLANATION
  1. As per the data regarding incidence and rate of juvenile delinquency under IPC, it can be concluded that since 2003- 2015 the number of cases registered against those juveniles which are in conflict with the law has increased from 17819 in 2003 to 31396 in 2015 which means percentage cases of juveniles in conflict with the law had shown variation from 1% to 1.1%. Since 20013 to 2015 cases registered against juveniles has increased by 1.8 times. Despite of various legislation enacted by the legislature, crime among juveniles is increasing at an alarming rate.
Explanation 2 On analyzing the data, it can be concluded that the majority of the juveniles apprehended under Indian Penal Code and Special Local Laws crimes are those who had education above primary but below Matric/H.sec as number of juveniles arrested since 2003-2015 had increased by 151.4% (2003-7581, 2015- 19056). Various Educational policies are framed by the Government to raise the education level among children still there is no such improvement due to lack of quality education.
2.      On analyzing the economic status whether it influences delinquency among juveniles. As per the majority of juveniles arrested under IPC and SLL crimes are those whose income is above 3,00,000Rs/, the number of juveniles apprehended since 2003-2015 had increased by 28.6 times whereas, the number of juveniles apprehended to those who belongs to annual income upto 25,000Rs/ had decreased by 0.7.
 
Discussion
Despite various legislations, the crime among juveniles is increasing day by day. Once we considered that the main cause for such acts of children is poverty but on analyzing data of past 12 years i.e., from 2003- 2015 there are some shocking result not just because of low income but due to the lack of education and supervision children are prone to such acts. According to Dr.Rajesh Kumar: “Across socio-economic and educational groups children are affected by parents not spending quality time with them and by an increasingly competitive world”. Lower middle class families nowadays are busy in making money and when their children grow up they didn’t find themselves attached to anyone and they do what they feel good, ignorant of the consequences of such act.
 
In middle-class families, parents often have high expectations for their children, particularly regarding academic performance. When children fail to meet these expectations, it can lead to feelings of depression and anxiety. In their struggle to cope with the fear of failure, some children may resort to inappropriate methods to achieve success, which can ultimately lead to substance abuse or even criminal behaviour.
 
In contrast, children from high-income families are frequently provided with all possible luxuries, whether they need them or not. These parents may neglect to instill fundamental values and principles, leaving their children unable to distinguish right from wrong.
 
In order to tackle the increasing crimes here are some Recommendations which can have a significant impact:-
?        Children should receive proper education to prevent delinquent behaviour.
?        School dropouts should be provided with guidance to discourage anti-social conduct.
?        More rehabilitation centers should be established to help transform delinquents into responsible individuals.
?        Caregivers at these centers should create a healthy and supportive environment.
?        Parents should ensure they provide a nurturing and loving atmosphere at home.
 
CONCLUSION
In summary, analysing psychological aspects in juvenile delinquency emphasises the essential requirement for a sensitive and empathetic strategy in dealing with young offenders. Understanding that delinquent actions are frequently linked to intricate psychological obstacles like trauma, mental health disorders, and family dynamics underscores the significance of customised interventions.
 
Addressing juvenile delinquency should involve more than just punitive actions; it should prioritise rehabilitation, therapy, and community assistance. Early detection and specific psychological treatments can greatly reduce the factors contributing to delinquent behaviour, offering a way for young individuals to conquer obstacles and successfully reintegrate into society.
 
So apart from strengthening juvenile justice laws in our country the major impact will occur through combining rehabilitation, therapy, and community assistance methods that will be beneficial in long run which are explained below:-
1.     Rehabilitation Programs
Rehabilitation is crucial in transforming the behaviour of young offenders. In India, rehabilitation should focus on the following:
?        Skill Development and Education: Establishing vocational training centers and educational programs within juvenile homes to provide skills and education that can help in gaining employment or furthering education. This helps in fostering a sense of purpose and direction among the youth.
?        Counselling and Mentorship: Individual and group counselling sessions can help juveniles deal with past trauma, emotional distress, and behavioural issues. Appointing trained counselors and mentors from the community can help build trust and offer guidance to juveniles in understanding the consequences of their actions and making better choices.
?        Restorative Justice Practices: Engaging juveniles in community service, mediation, and other restorative justice practices allows them to understand the impact of their actions on victims and the community, promoting accountability and empathy.
2.      Therapeutic Interventions
Therapy is essential in addressing the psychological and emotional needs of juveniles. The following therapeutic approaches can be employed:
?        Cognitive Behavioural Therapy (CBT): CBT can help juveniles identify and change negative thought patterns that contribute to delinquent behaviour. It helps in developing problem-solving skills, self-control, and impulse management.
?        Family Therapy: Involving the family in the therapy process is crucial in the Indian context, where family ties play a significant role in an individual’s life. Family therapy can help address dysfunctional family dynamics, improve communication, and create a supportive environment for rehabilitation.
?        Art and Play Therapy: Creative therapies such as art and play can be effective for young offenders who may have difficulty expressing themselves verbally. These methods help in reducing anxiety, building self-esteem, and fostering emotional healing.
 
3.      Community Assistance and Involvement
Community plays a vital role in preventing juvenile delinquency and reintegrating young offenders into society:
?        Community-Based Programs: Establish community centers that offer after-school programs, sports, cultural activities, and workshops on life skills. These centers can provide a safe space for at-risk youth to engage in constructive activities and develop a sense of belonging.
?        Peer Support Networks: Developing peer support networks can help juveniles connect with others who have undergone similar experiences, providing a sense of camaraderie and shared learning. Peer mentors who have successfully reintegrated into society can offer guidance and serve as role models.
?        Collaboration with NGOs and Civil Society: Partnering with non-governmental organizations (NGOs) and civil society groups can enhance support services for juveniles, such as legal aid, career counseling, and rehabilitation programs. NGOs can also conduct awareness programs to educate the community about juvenile justice and support for reformed juveniles.
 
4.     Strengthening the Juvenile Justice System
Reforming the juvenile justice system is necessary to ensure fair treatment and effective rehabilitation:
?        Training for Law Enforcement and Judicial Officers: Sensitizing law enforcement officers and judicial personnel to the unique needs of juveniles is essential. Regular training sessions can help them understand child psychology, the importance of rehabilitation over punishment, and the need for child-friendly procedures.
?        Improved Juvenile Homes: Upgrading juvenile homes to provide a more conducive environment for rehabilitation is critical. This includes better living conditions, educational facilities, recreational activities, and healthcare services.
?        Diversion Programs: Implement diversion programs that keep juveniles out of the formal justice system, focusing instead on counseling, community service, and other rehabilitative measures. This reduces the risk of stigmatization and helps reintegrate juveniles into society more smoothly.
 
5.     Public Awareness and Policy Advocacy
Creating awareness among the public and advocating for policies that support juvenile rehabilitation are also key strategies:
?        Awareness Campaigns: Conduct awareness campaigns to educate communities, schools, and families about the causes of juvenile delinquency, its impact, and the importance of rehabilitation.
?        Policy Reforms: Advocate for policy changes that prioritize rehabilitation, increase funding for juvenile justice programs, and promote a child-friendly legal framework.
By employing a combination of rehabilitation, therapy, and community assistance, India can effectively address juvenile delinquency, focusing on the holistic development and reintegration of young offenders into society.
 
REFERENCES
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