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CHALLENGES FACED BY LEGAL & INSTITUTIONAL FRAMEWORK IN THE PHENOMENON OF JUVENILE DELINQUENCY: AN EXPLORATORY STUDY
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Article Details
CHALLENGES FACED BY LEGAL &
INSTITUTIONAL FRAMEWORK IN THE PHENOMENON OF JUVENILE DELINQUENCY: AN EXPLORATORY
STUDY
School of Law, CHRIST
(Deemed to be) University, Delhi NCR.
Keywords – Juvenile Delinquency, Recurrent Offenders, Foster homes,
Juvenile Justice Act.
Introduction:
The development of any civilization is determined by its youth
because they are the future. On the
other hand, there are juvenile delinquents since the origin of human
civilization and in every time-phase
it was certain to treat the cause not the symptoms, that is, to help the
juvenile delinquents to help them
through restorative process rather than punishing them, that is why we have embraced juvenile welfare laws in
India. Moreover, in India, around 440 billion children are below 18 years and it serves as home to 19% of the world’s
children. Delinquency is unwelcomed action
of a child, which is socially not permitted in the society.
A juvenile delinquent is a disorder
which is defined as “a child acting like an adult.” The action of the
child may seem to be very thoughtless but it
is a matter of serious
concern.
Literature Review:
1. R.S. RASTOGI (1959) in his article[3] - In this study focuses on the causes of
juvenile delinquency in India, & also tries to explain that juvenile delinquency is the effect
of the structure of society
and of the harsh contrasts of wealth and poverty.
its roots, law reports, prevention, and cure.
2. P.L. THIRUNATHAN (2022) in his article[4], -
explores the concept of Juvenile delinquency
which is a critical issue in India. The crime rate is increasing
day by day in India. All kinds of criminal cases are escalating from theft to murder, even sexual abuse by a minor who
is below 18 years. The problem of juvenile delinquency is continuously in its ugly head in the wake of industrialization and urbanization in
the country. These crimes are mostly done by people of the age group between 16-18 years. Juvenile crimes are
recurring in nature since the protection for that is very less. In this research paper, the author has written
about the causes of juvenile delinquency,
developed technology on juvenile delinquency, judicial cases on the issue stated,
and reviewed the article
titled juvenile justice system in India, my overview.
3. ERIKA YAGNIK (2022) in her article[5] - Focuses
on the analytical research of the factors and circumstances of the causation of the spaced-out families and
the adverse family environment promoting the
tendencies of criminal
behaviour amongst juveniles. It deals with techniques and programmes for prevention and control of juvenile delinquency. The child simply becomes victim
(directly or indirectly) of the outrage
and torture of the attributes of such pessimistic family environment and it
leads to the birth of catastrophic emotions like aggression, depression and anxiety, which ultimately jolt the
child in the endless pothole of
darkness. Such darkness is manifested in the pattern of delinquent behaviour.
4. JAYA MAROLIA in her article[6]-
The author through this paper ponders on spreading awareness about the
image of Juvenile Justice and
reflecting on the genesis of such matters. Due to a school of thinking that
holds that young people usually have a history
of acknowledging in a striking
and lengthy disappointment that is followed by violent
methods, there has long been a notion that juveniles
must be treated leniently around the world. Additionally, it has been noted
that there has been a serious rise
in the number of crimes committed by children between the ages of 15 and 16. Early life conditions,
dominant patriarchy, environment, economic chaos,
and illiteracy are the overall leaning or mentality behind the commission of
the crime or the reason for it. The
exploitation of children between the ages of 6 and 10 as tools for performing illegal or illicit
acts in modern society is a source
of shame. Kids can be persuaded cheaply because their
thoughts have an innocent and naive quality that makes them uncomplicated to manipulate.
5.
AMAN PRIYA in his article[7].
The author focuses on the fact that in India, juvenile delinquency
is a significant issue that causes many young
people to have tragic lives. Juvenile criminality and associated causes
adversely affect youth, their
families, and society. The issue affects the crime's victims and the young offender's family, future, and society.
The victims are those who are most promptly impacted
by juvenile misbehavior. Young offenders' socioeconomic and psychological issues,
which whack their families and society, are the most severe consequences. Sometimes young people engaging in
robberies, rapes, and assaults are considerable due to psychological issues. Juveniles who assist in these illicit
acts generate a habit of using alcohol
or other substances.
This author's main goal is to inspect the prevalence of adolescent delinquency from a cognitive
standpoint. Juveniles who commit unusual offences
challenge their future to object to what they see as abuses done to them. They experience psychological sadness, which motivates them to commit
subsidiary crimes. In this situation, research on the prevalence of juvenile delinquency is important to determine its psychological roots and eradicate
it from society.
Statement of problem:
Juvenile Delinquency in India, there
has been distress
about certain ambiguity in the legal system and social policies. Some of these
incorporate issues related to age verification, rehabilitation, and the possibility of conducting serious
offences acted by juveniles. The problem of “Juvenile Delinquency” is a very shadowy that consists of a lot of
possibility and is also open to various foreboding
and interpretations as to how, when and what preventive techniques should be
used to exclude such delinquent
behavior among the youth of our nation, as this is a issue of national importance.
Hypothesis:
Effective addressal along social support programs, educational
initiatives, legal reforms, and struggle to address underlying socio-economic disparities in the prevalence of juvenile delinquency in India affected by a
combination of socio-economic factors, family structure, and peer relationships, with a sturdy correlation found among adolescents from deprived backgrounds.
Scope
of the study:
The scope of this research paper is to analyze the various schemes
and laws working for the Juveniles of
the Nation. This research paper is mainly about the contingencies regarding the continuous disturbance between the current
practices to curb delinquency, law, and the social environment as a whole and how measures could be acclimatized
throughout the nation which could strategically help in pulling up the problem
of Juvenile Delinquency.
Objective of the study:
1. To understand Causes and
Contributing Factors": Investigate and examine the various social, economic, psychological, and
environmental components that affect
juvenile delinquency.
2. To consider the following prevention and intervention methods: Analyze the success of various intervention and preventative
initiatives aiming at lowering the incidence of juvenile delinquency. This
might entail researching interventions that are community-based, educational,
therapeutic, and/or counseling.
3. To investigate Legal and
Juvenile Justice System Concerns: Examine the way in which the legal system
handles young offenders, paying particular attention to problems like how to
determine a defendant's age, how trials are conducted, and how to strike a balance
between punishment and rehabilitation.
4. To examine the
socioeconomic consequences of juvenile delinquency, considering the effects on
victims, families, communities, and public resources.
5. To contribute to Policy
Recommendations: Offer evidence-based insights that help educate policymakers
and stakeholders about efficient tactics for preventing and combating juvenile
delinquency.
6. To contribute to the theoretical knowledge of
theories about juvenile delinquency, including those from the social,
psychological, and criminological perspectives & highlight Ethical
Considerations: Address ethical conundrums associated with researching and
helping young offenders, and provide ethical standards for both research and
practice.
2. Theories on Juvenile
Delinquency
2.1 Who is a Juvenile?
A person who is very
young, a teenager, an adolescent, or underage is referred to as juvenile.
Juvenile, then, refers to children who are still considered immature or
childlike despite having not yet reached adulthood. The terms "child"
and "juvenile" can also be used interchangeably at times. Legally
speaking, a juvenile is a child who has not reached the legal age at which the
country's laws allow him to be held accountable for his criminal acts just like
an adult. A child who is accused of committing specific acts or omissions that
violate any law and are deemed to be offenses is considered a juvenile. For the
purposes of a court trial and punishment, a juvenile, even if involved in any
criminal activity, shall not be treated as an adult, according to the Juvenile
Justice (Care and Protection) Act, 2000.
2.2 Difference between a Juvenile and a Minor
Legal definitions of "juvenile" and
"minor" differ from their common usage, even though we use both terms
interchangeably. A young criminal offender is referred to as a juvenile, while
most of a person or their legal capacity is referred to as a minor.
2.3 Meaning of Juvenile
Delinquency
Any illegal or antisocial
behavior by someone who is younger than the legal adult age, which is generally
understood to be under the age of eighteen in most jurisdictions, is referred
to as juvenile delinquency. A broad variety of actions, such as theft,
vandalism, drug offenses, violence, and more, can be included in this behavior.
Adolescent criminal behavior, usually committed by those under the age of
eighteen, is referred to as juvenile delinquency. With most of the population
under 25, juvenile delinquency has become a growing concern in India. Over
39,000 minors were arrested for a variety of offenses in 2019, according to the
National Crime Records Bureau. The term describes a wide range of unacceptable
behavior in kids and teenagers that is not acceptable to society and for which
it is reasonable to use some form of public service announcement, penalty, or
corrective action. Thus, a juvenile is an adolescent between childhood and
adulthood who, if left unchecked, could develop into a potential offender. This
includes actions like vandalism, theft, drug use, gang membership, and
violence.
A multitude of factors,
including family dysfunction, poverty, peer pressure, substance abuse, and
mental health disorders, can contribute to juvenile delinquency, which is a
complicated social and legal problem. A major issue affecting families, communities,
and individuals is juvenile delinquency. Both the person and society may suffer
long-term negative effects from it. In order to stop juvenile delinquency from
starting and to act quickly to offer resources and appropriate support to those
who are at risk, it is crucial to comprehend the underlying causes of the
problem. To combat juvenile delinquency and assist in the rehabilitation of
young offenders, the criminal justice system and social service organizations
are crucial.
2.3 Reasons / Factors:
Juvenile delinquency is a
complex problem with a range of risk factors and causes. It can be caused by
several factors. A few prevalent elements are:
1. The Family Environment: Delinquent behaviour in
young people can be influenced by family dynamics, such as parental abuse,
neglect, or lack of supervision.
2. Peer Pressure: Adolescents may become
involved in delinquent activities they might not have otherwise committed due
to the influence of friends and peers.
3. Socioeconomic Factors: The probability of
juvenile delinquency can be raised by poverty, limited educational
opportunities, and bad economic conditions.
4. Substance Abuse: Abusing drugs or alcohol
can result in criminal activity because users may steal drugs or commit unsafe
acts while intoxicated.
5. Mental Health Issues: Some juveniles may
engage in delinquent behaviour due to untreated mental health problems, such as
conduct disorder, oppositional defiant disorder, or depression.
6. School Problems: Academic difficulties,
truancy, and disciplinary issues at school can contribute to delinquency.
- Community and Neighborhood
Environment: Living in high-crime areas or neighborhoods with limited positive
opportunities can expose young individuals to delinquent influences.
2.4 Various theories:
Many ideas have been
proposed to explain why some young people act in a criminal or antisocial
manner as well as the reasons behind juvenile delinquency. These theories fall
broadly into several important categories.:
- Biological Theories: Genetic Factors such
as there are theories indicating that delinquent behavior may be
influenced by genetic predisposition. The probability of engaging in
criminal activity may be elevated by specific genetic features or familial
background. Neurobiological Factors such as Studies have linked
neurotransmitter imbalances and the structure and function of the brain to
delinquency. A few researchers investigate how adolescent decision-making
and impulse control are affected by brain development.
- Psychological Theories: Psychological
Disorders such as certain psychological disorders, like conduct disorder
or antisocial personality disorder, have been related in some theories to
juvenile delinquency. These disorders can result in persistent
rule-breaking and criminal behavior. Cognitive Development such as According
to the cognitive development theory, moral reasoning deficiencies or
cognitive deficits in young people may be linked to delinquent behavior.
- Social Theories: Social Learning
Theory: According to this theory, which was created by Albert Bandura,
interactions with peers, families, and the community teach delinquent
behavior. It highlights how crucial modelling and reinforcement are.
Strain Theory is the theory suggests that when people feel there is a gap
between society expectations and the resources available to them, they may
resort to delinquency as a coping strategy. Frustrated, people may turn to
illegal means to achieve success or recognition. Social Control Theory the
theory investigates how a person's social ties to their family, community,
and school affect their propensity to participate in delinquent behavior.
Tight ties serve as a disincentive.
- Environmental Theories: Under this Social
Disorganization Theory means theory which postulates that communities and
high-crime areas with strained social ties, little resources, and economic
hardship have a higher risk of producing young offenders. Routine
Activities Theory means it contends that when motivated offenders come
across appropriate targets without capable guardians, delinquency ensues.
Put differently, it hinges on the combination of motivated offenders,
appropriate targets, and insufficient guardianship.
- Labelling Theory: The hallmarking
theory concentrates on how society responds to deviant behavior. It makes
the claim that when young people are called "delinquent" or
"criminals," they may internalize these labels and commit more
crimes, so starting a cycle of delinquency that becomes self-fulfilling.
3. Legal &
Institutional Framework
The 1960 passage of the
Children Act marked the beginning of the development of juvenile
laws in India. The purpose
of this law was to help children under the age of eighteen who require care,
protection, and treatment. The Juvenile Justice Act (JJA) superseded the
Children Act in 1986 with the aim of offering an all-encompassing framework for
child protection that considers the child's best interests. In order to better
protect children's rights and specifically address issues pertaining to kids
who are in legal trouble, the JJA 1986 was amended twice, in 2000 and 2006.
Aiming to comply with the Convention on the Rights of the Child, these
amendments raised the age of juveniles from 16 to 18. This amendment was made
to guarantee that juvenile justice is managed within a different and distinct
framework and to prevent juveniles from being treated like adults in the
criminal justice system. The Juvenile Justice (Care and Protection of Children)
Act, 2015 was enacted after additional revisions were made in 2011. A more
thorough framework for children's care, protection, and rehabilitation is what
the JJ Act, 2015 seeks to establish. The system it presents prioritizes child
reform and rehabilitation over punishment, bringing in the idea of restorative
justice. Additionally, the JJ Act, 2015 includes provisions for the creation.
The JJ Act of 2015 includes provisions for the creation of child welfare
committees and juvenile justice boards, among other specialized bodies.
These organizations are
set up to make sure the Act is applied correctly and that the child's best
interests are considered in all decisions that have an impact on them.
3.1 Juvenile Justice
Board: Introduction and Functions
1. The Principal
Magistrate, who is not the Chief Judicial Magistrate or the Chief Metropolitan
Magistrate, is the Metropolitan Magistrate or Judicial Magistrate First Class.
-Required Experience: for three years
2. A woman is one of the
two social workers.
Experience Is Necessary:
seven years of continuous participation in child welfare, health, or education
initiatives; OR
An employed specialist
holding a degree in law, sociology, psychiatry, or child psychology.
When a juvenile is charged
with a heinous offense—an offense carrying a sentence of at least seven years
in prison or death—the JJB is empowered to perform an initial assessment. The
purpose of the evaluation is to ascertain whether the minor possessed the
emotional and mental development necessary to comprehend the repercussions of
their behavior. The juvenile may be ordered to stand trial as an adult if the
JJB finds that the juvenile possessed the mental capacity to comprehend the
nature and ramifications of the offense. The JJB is in charge of choosing a
suitable sentence or rehabilitation program when a juvenile is found guilty of
a crime. The juvenile may be placed in a special home by the board, where they
provide education, counselling, and vocational training.
3.2 General Procedure of
Juvenile Justice Board
- The police or any person can
bring a juvenile in conflict with the law to the notice of the JJB[8].
- The JJB conducts a preliminary
inquiry to determine if the juvenile has committed an offense or not. If
the JJB finds that the offense committed is serious in nature, then the
case is transferred to the Children’s Court.
- If the JJB decides to take up
the case, it conducts a social investigation report which includes
information about the juvenile, their family, and other related
circumstances.
- Based on the social
investigation report, the JJB determines the appropriate course of action
for the juvenile. The options include diversion, counselling, probation,
or sending the juvenile to a special home for rehabilitation
- If the JJB decides to send the
juvenile to a special home, it conducts a detailed inquiry into the case
and passes a final order.
- The JJB ensures that the
juvenile is given proper care and protection during the trial.
- If the juvenile is found to have
committed the offense, the JJB decides the appropriate punishment, which
is not supposed to be punitive but rather reformative and rehabilitative.
- The JJB also ensures that the
rights of the juvenile are protected throughout the trial.
3.3 Powers and Functions
of Juvenile Justice Board
1. Conducting preliminary
inquiries:
The JJB is responsible for conducting preliminary inquiries to determine
whether a juvenile has committed an offense. If the offense is serious enough,
the case may be transferred to the Children's Court.
2. Conducting social investigations: The
JJB conducts a social investigation report to gather information about the
juvenile, their family, and other relevant circumstances to determine the
appropriate course of action.
3. Case diversion: The JJB has the
authority to divert cases away from the formal justice system and toward
alternative dispute resolution mechanisms such as counseling, mediation, and
probation.
4. Juveniles sent to special
homes:
The JJB may send a juvenile to a special home for rehabilitation and
reformation.
5. Medical and psychiatric evaluations:
The JJB can order medical and psychiatric evaluations of juveniles to assess
their mental and physical health.
6. Providing care and protection: The JJB
ensures that the juvenile is properly cared for and protected during the trial.
7. Case adjudication: If the JJB
determines that the juvenile has committed an offense, it determines the
appropriate punishment or sentence, which is not meant to be punitive but
rather reformative and rehabilitative.
8. Juvenile rights protection: The JJB
ensures that juvenile rights are protected throughout the trial.
3.4 Charges of Sexual
Offences against a Minor
Sexual offenses, as well
as other crimes against minors, are treated seriously in society. It is
critical to understand that, contrary to popular belief, adult men are not
always the perpetrators of crimes against women and children. In recent years,
there have been reports of minors participating in these offenses. Since the
late 1980s, there has been a growing concern about youth-perpetrated crimes.
Due to the serious crimes committed by minors, criminologists have become more
interested in juvenile delinquency[9].
It is important to note that the country has a high rate of rape reports. The
prevalence of such crimes can be attributed to a variety of factors, including
systemic issues, skewed sex ratios, and patriarchal structures or social norms.
Law changes, public awareness campaigns, and programs aimed at empowering women
and making the world a safer place for everyone have all been used to try to
address these issues. It is critical that these issues be handled with care,
with the understanding that sexual offenses can be committed by anyone, male or
female. To protect children and the general welfare of society, it is critical
to support prevention, education, and appropriate legislation.
3.5 Treatment of a
Juvenile as an Adult in certain circumstances[10]
Under Indian law, a
juvenile may be treated as an adult in certain circumstances. Section 4 of the
Act creates the Juvenile Justice Board to investigate and hear cases involving
minors in legal trouble. Juveniles between the ages of 16 and 18 may be tried
as adults under the Juvenile Justice (Care and Protection of Children) Act of
2015 if they commit a heinous offense, which is defined as an offense
punishable by a minimum seven-year sentence or the death penalty. When a minor
is charged with a serious crime, the Juvenile Justice Board, which hears cases
involving minors, may conduct an initial investigation to determine whether the
crime was committed in a "child-like manner" or whether the juvenile
possessed the mental and emotional maturity to comprehend the crime & the
consequences of their actions. If the Board determines that the juvenile lacked
the mental capacity to comprehend the nature and consequences of the offense,
it may order that the minor be tried as an adult. It is debatable whether
juveniles should be treated as adults because some experts believe they lack
the emotional and cognitive development required to fully comprehend the
consequences of their actions. As a result, treating a juvenile as an adult
should be decided only after a careful assessment of the person's mental and
emotional development.
3.6 Borstals system
A "borstal" is a
type of juvenile detention facility found in the United Kingdom, India, and
several Commonwealth nations. The word "borstal" first appeared in
print in 1902, at the Borstal Prison in England. Borstals are designed to provide
a strict, organized, and disciplined environment for young offenders who have
been convicted of committing crimes. Borstal institutions seek to reform and
rehabilitate young offenders through education, vocational training, and
discipline, with a focus on preventing reoffending in the future. Young
offenders housed in borstals receive life skills training, basic education, and
vocational training in trades such as agriculture, metalworking, and carpentry.
They are also strictly disciplined, with an emphasis on the development of
self-control, obedience, and a sense of accountability. Furthermore, juvenile
offenders housed in borstals are typically required to participate in physical
activity and sports. Borstals were established as a juvenile justice
alternative to prisons, emphasizing reform and rehabilitation over punishment[11].
The Borstal System was
first implemented in India during the British colonial era with the
establishment of the first Borstal School in Bangalore in 1911. The Borstal
System was developed as an alternative to the traditional punitive method of
dealing with juvenile delinquency, based on the ideas of education, training,
and rehabilitation. Borstal Schools have been established across the country in
accordance with this Act to provide services to young offenders aged 16 to 21.
Borstal Schools in India offer a variety of vocational training programs, such
as welding, agriculture, carpentry, and tailoring. Despite this, the Indian
Borstal System has been criticized. Some argue that the provided training
programs are inadequate, and that the schools are overcrowded and understaffed.
There have been calls for the Indian Borstal System to be reformatted and
improved in order to achieve its objectives more effectively.
4. Challenges/Loopholes
faced in implementation of the existing law
The legal and
institutional framework for addressing juvenile delinquency in India faces
several challenges, including:
- Age determination issues: One significant
challenge is accurately determining the age of a juvenile offender. In
India, the Juvenile Justice (Care and Protection of Children) Act, 2015,
defines a juvenile as anyone under the age of 18. However, disputes often
arise concerning the age of the accused, especially when they do not
possess birth certificates or other reliable documentation. These disputes
can lead to difficulties in ensuring that juveniles receive appropriate
treatment within the legal system.
- Overcrowded and under-resourced
juvenile homes: The infrastructure and resources available for juvenile
rehabilitation and correctional facilities are often inadequate. Juvenile
homes and observation homes may be overcrowded, leading to poor living
conditions. A lack of trained staff and educational and vocational
programs within these facilities hinders the effective rehabilitation of
juvenile offenders.
- Delayed justice: The Indian legal
system, including juvenile justice, often suffers from delays. Cases
related to juvenile delinquency can take a long time to be resolved, which
can be detrimental to both the accused and the victims. Delays can also
hinder the rehabilitation process and make it challenging for the legal
system to deliver timely interventions for juveniles in need.
- Stigmatization and social
integration: Reintegration into society is a critical aspect of
juvenile justice. Stigmatization and discrimination against juvenile
offenders can be a significant obstacle to their successful
rehabilitation. Ensuring that they have opportunities for education, vocational
training, and employment is essential to help them reintegrate into
society as law-abiding citizens.
- Lack of diversion programs: There is a need for
more effective diversion programs that can help prevent juvenile offenders
from entering the formal justice system. These programs can offer
counselling, community service, or restorative justice approaches as
alternatives to incarceration, but they are not always readily available
in all parts of India.
- Inconsistent implementation of
the law: The implementation of juvenile justice laws can vary significantly
across different states and regions in India. In some areas, the
infrastructure and resources for juvenile justice are better developed and
more effective, while in others, there may be inadequate enforcement and
monitoring.
- Child rights and legal
awareness: A lack of awareness about child rights and juvenile justice laws
among law enforcement agencies, legal professionals, and the public can
lead to violations of juveniles' rights and their improper treatment
within the legal system.
Efforts to address these
challenges in India include improving the infrastructure of juvenile
facilities, providing training for personnel working with juveniles, and
raising awareness about juvenile justice laws and child rights. Additionally,
there is an ongoing need for legislative reforms and policy changes to enhance
the effectiveness of the legal and institutional framework for juvenile
delinquency in the country.
5. Suggestive
Measures
Specific suggestive
measures to address the challenges faced by the legal and institutional
framework in juvenile delinquency in India:
- Age determination and
documentation:
• Promote
universal birth registration to ensure that every child has a birth
certificate. This can aid in accurately determining their age in the event of a
legal dispute.
• Use
technology-based age determination methods, such as dental or bone age
assessment, to resolve age disputes quickly and accurately.
- Infrastructure and resources:
• Provide
additional resources to improve the conditions of juvenile homes and
observation homes, ensuring that they meet international juvenile
rehabilitation standards.
• Increase the
number of trained personnel, such as counsellors, psychologists, and social
workers, to adequately support juvenile offenders.
- Fast-tracking cases:
• Create
special juvenile courts or fast-track courts to expedite juvenile delinquency
cases and reduce legal delays.
• Use
technology for case management and scheduling to streamline court proceedings
and ensure timely justice.
- Stigmatization and social
integration:
• Launch
public awareness campaigns to reduce stigmatization of juvenile offenders and
to promote community acceptance and support for their reintegration.
• Create
mentorship and support programs, both in juvenile homes and after release, to
help juveniles transition into society.
- Diversion programs:
• Make
diversion programs available in all regions of India, providing an alternative
to formal prosecution for minor offenses. Counselling, community service, and
restorative justice initiatives are examples of this.
• Involve
community-based organizations and non-governmental organizations (NGOs) in the
development and implementation of diversion programs.
- Uniform implementation:
• To guarantee
uniformity in the treatment of juvenile offenders, standardize the application
of juvenile justice legislation and initiatives throughout all states and
territories.
• Create a
nationwide system of monitoring and assessment to supervise the application of
these laws and ensure that authorities and institutions are held responsible.
- Child rights and legal
awareness:
• Hold
workshops and training sessions to educate the public, legal professionals, and
law enforcement agencies about juvenile justice and child rights laws.
• Work
together with NGOs and civil society organizations to spread awareness and give
underprivileged youth legal support.
- Legislative reforms:
• Update and
review juvenile justice laws frequently to bring them into compliance with new
best practices and global standards.
• To guarantee
thorough and lasting changes, include stakeholders, experts, and advocates for
children's rights in the legislative reform process.
- Research and data collection:
•
Establish a national database for juvenile justice cases to
monitor progress, identify areas for improvement, and make informed decisions.
•
Invest in research on the causes and trends of juvenile
delinquency in India to inform evidence-based policy and program development.
By putting these
recommendations into practice, India can work towards a more comprehensive and
effective legal and institutional framework for addressing juvenile
delinquency, ultimately ensuring the well-being and rehabilitation of young
offenders while protecting society.
Conclusion
To sum up, youth
delinquency is a severe issue that has an impact on many youths and
communities. It describes the illegal actions of minors, typically those under
the age of 18, who break the law or take part in activities that are deemed
dangerous for themself or others. Many factors can contribute to juvenile
delinquency, such as poverty, dysfunctional families, peer pressure, lack of
access to opportunities and education, substance abuse, mental health
conditions, and exposure to trauma and violence. Adopting a comprehensive
strategy that prioritizes early intervention, prevention, and rehabilitation is
crucial in addressing juvenile delinquency. This entails funding educational
and career-training initiatives, offering mental health and counselling services,
encouraging wholesome relationships within the family and community, and
putting restorative justice principles into action. To make the juvenile
justice system equitable, efficient, and rehabilitation-focused, reforms must
be made to it. This entails encouraging programs for diversion, offering
alternatives to jail or prison, and making certain that young people are always
treated with respect and dignity. In general, it is critical that society
understand that juvenile delinquency is a complicated issue with many facets
that calls for cooperation to solve. We can assist young people in overcoming
obstacles and contributing positively to society by making investments in
prevention and rehabilitation.
[2] 2nd Year
BALLB, School of Law, CHRIST (Deemed to be) University, Delhi NCR.
[3] Prevention and Treatment of Juvenile Delinquency in India, Canadian Journal of Corrections, vol. 2, no. 4, 1959-1960, pp. 324-341. HeinOnline
[4] Developed Technology versus
Juvenile Delinquency Jus
Corpus Law Journal, vol. 2, no. 4, June-August 2022
[5] Disoriented Families
Affecting Juvenile Delinquency, Indian Journal of Integrated Research
in Law, vol. 2, no. 3, May-June
2022, pp. 1-18.
[6] Juvenile Justice: Determining
Juvenility & causes behind
juvenile delinquency - Indian Journal of Integrated Research in Law,
vol. 2, no. 6, November-December 2022, pp. 1-7. Volume II Issue VI ISSN: 2583-0538.
[7] Causes & Prevention of
Juvenile Delinquency in India, Indian
Journal of Law, and
Legal Research, 5, 2023, pp. 1-10
Article Information
CHALLENGES FACED BY LEGAL & INSTITUTIONAL FRAMEWORK IN THE PHENOMENON OF JUVENILE DELINQUENCY: AN EXPLORATORY STUDY
Authors: SHREEJA UTKALIKA JENA, SHRUTI GUPTA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/05
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.