CHILDHOOD, LIFE’S BEST PART BUT NOT FOR ALL: JUVENILE CRIME AND DELINQUENTS BY: AKANSHA SHRIVASTAVA

AKANSHA SHRIVASTAVA

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CHILDHOOD, LIFE’S BEST PART BUT NOT FOR ALL: JUVENILE CRIME AND DELINQUENTS

AUTHORED BY: AKANSHA SHRIVASTAVA, BA LLB LLM

Institute Name: NRI Group of Institutions, Bhopal

Abstract

From childhood we hear from our elders that children are the future of the nation. It is the responsibility of everyone to make sure that they have a safe and friendly environment to live in. Children should be treated equally and good values such as honesty, kindness, modesty, equality etc. should be inculcated in children which can guide them to the right path in life. Every parent wants their child to move in the right direction and follow the right path all their lives and make a name for them in society. But unfortunately, not every child is moving in right direction some have followed the direction in which they become criminal. Juvenile delinquency is a term used to describe the criminal behavior committed by minors, who are below the age of 18 years. Some questions arise in everyone’s mind that what is juvenile delinquency? Whether the juvenile offenders who commit such odious crimes should be treated as adults or as minors? What are the common causes of such delinquency act? What factors lead to juvenile delinquency? Does poverty play a major role in juvenile delinquency? What are the preventive methods? In this article we will try to find all answers.

I. INTRODUCTION

Juvenile delinquency has become a growing concern in India, with 66% of its population (808 million) below the age of 35¹, India is the world’s largest youth population. Generally speaking, the term refers to a large variety of disapproved behaviour in children and adolescents which the society do not approve of and for which some kind of admonition, punishment or corrective measure is justified in the public interest. It therefore can be said that a juvenile is an adolescent person between childhood, manhood, womanhood as the case may be who may turn into a potential offender if not examined. Delinquent offences mean violation of legal statutes. For example, murder, rape, assault, harassment, stalking, robbery, etc. Juvenile delinquency is a complex social and legal issue that arises from various factors such as family dysfunction, poverty, peer pressure, substance abuse, and mental health disorders.

In a developing country like India the problem of juvenile neglect and delinquency is considerably increasing. A total of 30,555 cases were registered against juveniles in 2022, as per NCRB². As per NCRB report of Crime in India, 2022 Statistics Volume – I, Chapter 4A³. In 2022 top three states in crime against children (IPC+SLL)⁴ are, Maharashtra with (20,762), Madhya Pradesh with (20,415), and Uttar Pradesh with (18, 682) cases respectively. If we talk about Union Territories top three are, Delhi with (7,468), Jammu & Kashmir with (920) and Chandigarh with (224) cases respectively. Total of State(s) cases are (1,53,426) and UT(s) cases are (9,023). Juvenile delinquency is a serious problem that affects communities, families, and individuals. It can have long term negative consequences for the individual as well as the society as a whole.

It is essential to understand the root causes of juvenile delinquency to prevent it from occurring and intervene early to provide appropriate support and resources to those at risk. The criminal justice system and social service agencies play a significant role in addressing juvenile delinquency and rehabilitation young offenders.

II. HISTORY OF JUVENILE JUSTICE IN INDIA

In India prior to juvenile justice act, 2015, 2000 and 1986, The children act of 1960 used to exist. It attempted to give effect to worldwide answers to the issue of juvenile justice by providing a consistent policy that safeguarded the interests and rights of a juvenile and looked at care, treatment, rehabilitation, and development of a child in general.

In 1986, the juvenile justice act replaced the children act with the objective of providing a comprehensive child protection framework that takes inti account the best interests of the child. The juvenile justice act 1986 was amended in 2000 and 2006 to strengthen the protection of the child’s rights and to address concerns related specifically to children in conflict with the law. Under these amendments, the age of juveniles was increased from 16 to 18 years, keeping in line with the Convention on the Rights of the Child. The purpose of this change was to ensure that children are not treated as adults in the criminal justice system and to provide a separate and distinct framework for the management of juvenile justice.

Further amendments were made in 2011, and a new Juvenile Justice (Care and Protection of Children) Act, 2015 was enacted. The juvenile justice Act, 2015, with amendments aims to provide a more comprehensive framework for the care, protection, and rehabilitation of children. It introduces a restorative justice system that emphasizes reform and rehabilitation of children rather than punishment.

The juvenile justice Act, 2015 also has provisions for the establishment of specialized juvenile justice bodies such as the Juvenile Justice Boards and Child Welfare Committees. These bodies are designed to ensure the effective implementation of the Act and to guarantee that the child’s best interests are given due consideration in all decisions that affect them.

III. CAUSES OF JUVENILE DELINQUENCY

Violence in the Home: This is one of the largest contributing factors to delinquency is violence in the home. Every Tulsa juvenile criminal defence 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. Children subjected to violent actions, or those who witness it to others, are more likely to act but 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 neighbourhood 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 neighbourhood pressures, peer pressure from direct acquaintances can have an effect on how a child 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 their friends’ parents. This not only instils confidence in your child to do the right thing, it can help parents keep their children away from bad influences.

Socio-economic Factors: Juvenile delinquency is more common in poorer neighbourhoods. While all neighbourhoods 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.

Counselling 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 behaviour 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 care giver have the chance to turn around their lives and show them how to change their ways.

IV. SOME OF THE MOST BRUTAL CRIMES COMMITTED BY JUVENILE IN INDIA

· On the fateful night of December 16, 2012, Nirbhaya abducted, raped and murdered in a moving bus in south Delhi by a juvenile and his associates⁵.

· Regarded as the world's youngest serial killer, Amardeep Sada was just 8, in 2006, when he killed his six-month-old cousin, his six-month-old neighbor and his own eight-month-old sister. He killed the infant by beating her to death with a brick. When asked why he killed the children, Amardeep just smiled. It is possible that the child spent his 3-year sentence in a psychiatric institute⁵.

· Adnan Patrawala was kidnapped in 2007 for a ransom of 2 Crore Rupees by 5 young boys. When news of the kidnapping broke out in the media, Adnan was killed the very next day. They got in touch through Orkut and met at a gaming parlour, where they spiked his drink. One person involved in this gruesome murder was a 17-year-old, who was tried as a Juvenile⁵.

· 1993, 15-year-old Sajal Barui murdered his family along with his 4 friends⁵.

· October 17, 2015, two juveniles allegedly rape a toddler after kidnapping her in Nangloi. The Delhi Police arrested two juveniles late on Saturday in connection with the brutal gangrape of a two-and-a-half-year-old girl⁶.

· 24 February, 2016 – a 17-year-old boy, released from juvenile home for ‘good behaviour’ strangles an elderly woman in south Delhi’s BK Dutt Colony⁷.

V. JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN), ACT 2015

Section 83 of IPC⁸ says that nothing is an offense which is done by a child between the age of 7 to 12 years and has not attained the maturity to understand the nature and consequences of his act. So, what is the need of the new juvenile laws? The unforgettable and frightful Nirbhaya case 2012 showed the dire need to introduce a new bill and re-enact the existing 2000(juvenile justice act) as in this case there was an accused who had not attained the age of 18 years and was 6 months away from being a major.

So, the new Juvenile Justice Act (Care and Protection of Children), 2015 was introduced in Parliament, and came into force on 15th January, 2016⁹. The juvenile between the age of 16-18 years will be tried as adults for crimes like rape, murder, etc. because the bill says that if the person is committing such acts then he is mature enough to understand its nature and its consequences.

The provision of this act will apply to the children in need of care and protection and children conflict with law. Every district should have two bodies – Juvenile Justice Board, Section 4(1)¹⁰ and Child Welfare Committee, Section 27(1)¹¹.

Crimes are divided into three categories:

· “heinous offences”¹² includes the offences for which the minimum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment for seven years or more.

· “Petty offences”¹³ includes the offences for which the maximum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment up to three years.

· “serious offences”¹⁴ includes the offences for which the punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force, is imprisonment between three to seven years.

Juvenile Justice Board:

· A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class not being Chief Metropolitan Magistrate or Chief Judicial Magistrate (hereinafter referred to as Principal Magistrate) with at least three years’ experience and two social workers selected in such manner as may be prescribed, of whom at least one shall be a woman, forming a Bench and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of First Class¹⁵.

· No social worker shall be appointed as a member of the Board unless such person has been actively involved in health, education, or welfare activities pertaining to children for at least seven years or a practicing professional with a degree in child psychology, psychiatry, sociology or law¹⁶.

· No person shall be eligible for selection as a member of the Board¹⁷, if he -

(i) has any past record of violation of human rights or child rights;

(ii) has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or has not been granted full pardon in respect of such offence;

(iii) has been removed or dismissed from service of the Central Government or a State Government or an undertaking or corporation owned or controlled by the Central Government or a State Government;

(iv) has ever indulged in child abuse or employment of child labour or any other violation of human rights or immoral act.

· The State Government shall ensure that induction training and sensitisation of all members including Principal Magistrate of the Board on care, protection, rehabilitation, legal provisions and justice for children, as may be prescribed, is provided within a period of sixty days from the date of appointment¹⁸.

· The term of office of the members of the Board and the manner in which such member may resign shall be such, as may be prescribed¹⁹.

· The appointment of any member of the Board, except the Principal Magistrate, may be terminated after holding an inquiry by the State Government20, if he--

(i) has been found guilty of misuse of power vested under this Act; or

(ii) fails to attend the proceedings of the Board consecutively for three months without any valid reason; or

(iii) fails to attend 1[minimum] three-fourths of the sittings in a year; or

(iv) becomes ineligible under sub-section (4) during his term as a member.

Child Welfare Committee:

· 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 the matters concerning children²¹.

· The District Child Protection Unit shall provide a Secretary and other staff that may be required for secretarial support to the Committee for its effective functioning²².

· No person shall be appointed as a member of the Committee unless he has a degree in child psychology or psychiatry or law or social work or sociology or human health or education or human development or special education for differently abled children and has been actively involved in health, education or welfare activities pertaining to children for seven years or is a practicing professional with a degree in child psychology or psychiatry or law or social work or sociology or human health or education or human development or special education for differently abled children²³.

· No person shall be eligible for selection as a member of the Committee²⁴, if he--

(i) has any past record of violation of human rights or child rights,

(ii) has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or has not been granted full pardon in respect of such offence,

(iii) has been removed or dismissed from service of the Government of India or State Government or an undertaking or corporation owned or controlled by the Government of India or State Government,

(iv) has ever indulged in child abuse or employment of child labour or immoral act or any other violation of human rights or immoral acts, or

(v) is part of management of a child care institution in a District.

· No person shall be appointed as a member unless he possesses such other qualifications as may be prescribed²⁵.

· No person shall be appointed for a period of more than three years as a member of the Committee²⁶.

· appointment of any member of the Committee shall be terminated by the State Government after making an inquiry²⁷, if—

(i) he has been found guilty of misuse of power vested on him under this Act;

(ii) he has been convicted of an offence involving moral turpitude and such conviction has not been reversed or he has not been granted full pardon in respect of such offence;

(iii) he fails to attend the proceedings of the Committee consecutively for three months without any valid reason or he fails to attend 2[minimum] three-fourths of the sittings in a year.

· The Committee shall submit a report to the District Magistrate in such form as may be prescribed and the District Magistrate shall conduct a quarterly review of the functioning of the Committee²⁸.

· Committee shall function as a Bench and shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of First Class²⁹.

· The District Magistrate shall be the grievance redressal authority to entertain any grievance arising out of the functioning of the Committee and the affected child or anyone connected with the child, as the case may be, may file a complaint before the District Magistrate who shall take cognizance of the action of the Committee and, after giving the parties an opportunity of being heard, pass appropriate order³⁰.

The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021³¹

The core clauses of Juvenile Justice Amendment Act 2021 are as follows -:

· Appeals: Within 30 days of the District Magistrate’s adoption order, any party that feels aggrieved by it may appeal against it to the Divisional Commissioner. Such appeals have to be adjudicated within four weeks of the appeal’s filing date.

· Adoption: In keeping with the Act, an adoption agency is required to file the paperwork in a civil court of law to secure an adoption order as soon as prospective adoptive parents accept a child. The Bill specifies that the District Magistrate as well as the Additional District Magistrate are now in charge of carrying out the above duties instead of the court granting the adoption order.

· Designated Court: Prior to the implementation of this law, cases regarding crimes against children bearing sentences of upwards of seven years in jail needed to be heard by the Children’s Court. A Judicial Magistrate would preside over trials for other offences which carried sentences of up to seven years in jail. This has been altered by the Act to provide that the Children’s Court will have jurisdiction over all cases regarding infractions of the Act.

· Offences against children: By virtue of the Juvenile Justice Act of 2015, offences against children that are enumerated in the chapter “Other Offences Against Children” and entail sentences of three to seven years in jail are cognizable and non-bailable. The amendment reclassifies those crimes of abuse and cruelty perpetrated by employees or those in charge of childcare institutions as non-cognizable and non-bailable offences. The young victims are finding it a greater challenge to report these atrocious offences as an outcome of this.

· Serious offences: The Juvenile Justice Board is mandated by the Act to conduct an investigation into any child who is suspected of committing a serious offence. Serious offences entail those offences that end up resulting in a sentence of three to seven years. It proceeds by noting that serious offences will also include situations wherein the minimum penalty is either not specified or is less than seven years in prison and the maximum sentence is greater than that.

Section 86 of the Juvenile Justice Act: the amendment under challenge is the one to Section 86 of the JJ Act, according to which crimes under the special law, with punishment between three to seven years, have been reclassified as non-cognisable. These crimes include cruelty to children by CCI staff (Section 75). Employment of children for begging (Section 76). Using children to smuggle or sell intoxicating substances and narcotics (Section 78). Sale and procurement of children (Section 81). Exploitation of child employees (Section 79). Use of children by militant or other groups for illegal purposes (Section 83). Giving children intoxicating/psychotropic substances or narcotics (Section 77). Code of Criminal Procedure³², according to the Code of Criminal Procedure, once the crimes are rendered non-cognisable, the police will be able to register an FIR only on the directions of a magistrate and a complainant will first have to approach the concerned magistrate to start the process.

VI. LANDMARK JUDGEMENTS

1. Sampurna Behura v. Union of India and Others (2018)³³

In this case, a writ petition was filed by a social activist named Sampurna Behura and highlighted the problems faced by children and juveniles in observation homes, shelter homes, etc. She directed the attention of the Court towards various provisions in the Constitution which impose a duty on the state government to ensure welfare and development of children and their failure to do so, like establishment of juvenile justice board, medical facilities for juveniles, proper living conditions, juvenile police, etc.

The Supreme Court in this case held that the Act must be implemented by state governments properly according to the needs of children and gave the following directions:

· The Ministry of Development of Women and Children must ensure that the National Commission for Protection of Children’s Rights and the State Commission for the Protection of Children’s Rights work properly with adequate staff towards providing better conditions for children.

· The Juvenile Justice Board and Child Welfare Committees were directed to conduct regular sessions regarding speedy delivery of justice to the children in conflict with law.

· The Commission for Children’s Rights, both at state and national levels, must perform its functions and duties properly and conduct surveys at regular intervals.

· The Chief Justices of each high court were asked to make the environment of court children friendly for the juveniles.

· The State Governments and union territories must ensure that all institutions for children are registered and that facilities for nutrition, health, and education are given to them.

· Members or officers of the juvenile justice board, child welfare committees, special police units for juveniles, child protection units in districts, etc., must be given proper and adequate training to deal with juveniles.

2. Subramanian Swamy and Others v. Raju Through Member, Juvenile Justice Board and Another (2014)³⁴

This case was filed in the wake of the same Nirbhaya case, in which a woman was brutally assaulted, both sexually and physically, by five people, as a result of which she died. Out of those five people, one was a minor. His case was referred to the Juvenile Justice Board, but the petitioners argued to treat him as an adult and proceed with his trial.

The Supreme Court in this case, while interpreting the Act, observed that the language of the statute is plain and unambiguous and provides a clear legislative intention of rehabilitating and restoring juveniles. For this reason, it has classified people below 18 years of age as juveniles, whose investigation and punishment are done differently as compared to adult criminals. Moreover, the Constitution does not forbid such categorisation, which is based on intelligible differences having a rational connection with the objective sought. Thus, the Apex Court upheld the decision to treat people under 18 years of age as separate under the Act.

3. In Re Contagion of Covid 19 Virus in Children Protection Homes (2020)³⁵

A writ petition was filed in this case relating to the protection of children kept in observation homes and children in conflict with the law kept in juvenile homes and shelter homes in lieu of the pandemic during lockdown. The petition was related to the health and safety of children in juvenile homes and foster and kinship care during the spread of COVID-19. The following directions were issued by the Supreme Court in this regard:

· The child welfare committees were asked to take preventive steps to maintain the health and safety of children in such homes.

· They were also directed to coordinate with district child protection committees and foster care and adoption committees to keep records of children who have been sent back home.

· Online help desks and support systems were to be established.

· The committees were also directed to keep a check on violence and sexual harassment and ensure that no such incident occurs with children in such homes.

· The Juvenile Justice Board was directed to take proactive steps to prevent the spread of the virus in juvenile homes. For this reason, children can be kept in child care institutions for their best interests, health, and safety.

· Speedy disposal of cases must be done through online sittings.

· Counselling sessions must be given to children in observation homes.

· The government must inform the child care institutions about all the measures to be taken in this situation.

· Steps must be taken to provide adequate staff in the district protection units and child care institutions on rotational basis, and trained volunteers must be given charge of taking care of children.

· The government must ensure that all officers and functionaries perform their duties diligently.

· Good quality face masks, sanitizers, hygiene products, etc., are provided to children, and the premises are sanitized properly.

· Children must be made aware of the spread of viruses and precautions to be taken.

· Social distancing must be practiced all the time.

· If there are symptoms of the virus, the person must be quarantined immediately.

· Families who are involved in fostering children were directed to be updated regarding the prevention of the spread of viruses.

· A check must be kept on the health and safety of such families and children.

· Directions were issued to persuade children to divert their minds to fun and intellectual activities to avoid stress and anxiety.

Other Child related Legislations³⁶

The Mediation Act, 2023, Bonded Labour System (Abolition) Act,1976, Child Labour (Prohibition and Regulation) Act, 1986, Child Labour (Prohibition and Regulation) Rules, 1988, Children (Pledging of Labour) Act, 1976, Commission For Protection of Child Right Act, 2005, Commissions for Protection of Child Rights (Amendment) Act 2006, Commissions for Protection of Child Rights Rules, 2006 (English), Factories Act, 1948, Guardians and Wards act 1890, Hindu Minority and Guardians Act 1956, Immoral Traffic (Prevention) Act, 1956, Medical Termination of Pregnancy Act, 1971, Mines Act, 1952, National Food Security Act, 2013, Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Prohibition of Child Marriage Act 2006, Protection of Children From Sexual Offences Act, 2012, Protection of Children From Sexual Offences Rules, 2012, Protection of Children From Sexual Offences (Amendment) Act, 2019, Protection of Children From Sexual Offences Rules, 2020, Right of Children to Free and Compulsory Education Act, 2009, Right of Children to Free and Compulsory Education Rules, 2010, The Legal Services Authority Act,1987, Young Persons (Harmful Publication) Act, 1956, The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) (Six Months Training) Amendment Rules, 2020, The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Amendment Rules, 2014, The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Amendment Rules, 2011, The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996.

National Legal Services Authority (NALSA) Scheme for Children³⁷

· Child Friendly Legal Services to Children and their Protection scheme, 2015.

· Legal Services to the Mentally Ill and Mentally Disabled Persons scheme, 2015.

· Legal Services to the Victims of Drug Abuse and Eradication of Drug Menace scheme, 2015.

· Protection and Enforcement of Tribal Rights scheme, 2015.

· NALSA Compensation Scheme for Women Victims Survivors of Sexual Assault other Crimes- 2018.

· NALSA (Victims of Trafficking and Commercial Sexual Exploitation) Scheme, 2015.

· Legal Services to Disaster victim through legal services authorities’ scheme, 2010.

· Legal services to the workers in the unorganized sector scheme, 2015.

· Effective implementation of poverty alleviation scheme, 2015.

· Legal services to the senior citizens scheme, 2016.

· Legal services to victims of acid attack scheme, 2016.

· Legal services for differently abide children scheme, 2021.

VII. SUGGESTIONS TO PREVENT JUVENILE DELINQUENCY

As we know that child crime is a threat to the society which is making the future of children bleak, in such a situation, many measures to prevent child crimes were also considered by which child crimes can be controlled –

· Family Affection

Just as the family environment is the first cause of child crimes, similarly the first responsibility for their prevention also lies on the family i.e. the parents. Parents and family members should provide natural affection to their children, never treat them step-motherly, or abuse or abuse them.

Apart from this, the family members should pay attention to the education and fulfilment of their children’s needs, protect their family from disintegration, do not allow immoral atmosphere to develop in the family and parents should avoid living with the family in very crowded places. By following these things, children can be prevented from becoming juvenile delinquents.

· Proper Education

It is also expected that children be given proper education. First of all, children should be sent to schools, they should not be allowed to remain uneducated, they should be taught character building, they should be made well-cultured and they should be inspired to be inclined towards faith in religion.

· Economic Situation

To prevent child crimes, it is necessary to strengthen the economic condition of the family. If the adult members of the family remain engaged in employment, avoid debt, increase domestic industries, do not shy away from labour, and avoid unnecessary expenditure, then child crimes can be reduced.

When the financial condition of the family is strong, the minimum needs of the children will be fulfilled, immoral atmosphere will not flourish in the family, inferiority complex will not arise and self-confidence will be boosted.

· Healthy Entertainment

Arrangements for healthy entertainment should be made for children. Movies should be shown to inspire them to build character and be oriented towards ideals. Children’s parks should be set up in settlements and localities and means of entertainment should be provided. It is also expected that children should be kept away from obscene movies, cinema houses and unwanted activities.

· Parent-Child Interaction

Programs should be conducted about parenting skills and how the interactions should happen between parents and children. Healthy discussions should take place between parents and their children in order to educate the child properly regarding the behaviour issues. Programs on how to respond to their child’s behaviours should be conducted for the parents.

· Recreation

Recreation programs extend opportunities to the children to connect with other children and adults. They might make a positive friendship which might help them in future. These recreation programs should be designed in such a way that they would fit the personalities and skills that the children have. Extra-curricular activities, such as music, dance, sports, martial arts, painting, etc., have to be provided to the children to keep their minds refreshing and occupied.

· Adoption

Couples who don’t have their own kids, they can think of adopting a street child. This decision will give child a whole new life, this individual effort will prevent the child from becoming a delinquent child.

VIII. CONCLUSION

Every child is a seed to this planet and within every seed there is a generation that builds a nation. In conclusion, juvenile delinquency is a serious problem that affects many young people and communities. Juvenile delinquency can have a wide range of causes, including poverty, family dysfunction, peer pressure, lack of education and opportunities, substance abuse, mental health issues, and exposure to violence and trauma. To address juvenile delinquency, it is important to adopt a comprehensive approach that focuses on prevention, early intervention, and rehabilitation. This includes investing in education and vocational training programs, providing counselling and mental health services, promoting positive family and community relationships, and implementing restorative justice practices.

Society is responsible for the crime which takes place in it and crime is caused as per social response over activities. There requires proper care and custody of such delinquent juveniles. Overall, it is important for society to recognize that juvenile delinquency is a complex and multifaceted problem that requires a collaborative effort to address. By investing in prevention and rehabilitation, we can help young people overcome the challenges they face and become productive members of society. Give them the best part of life – Childhood.

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<https://www.orfonline.org/expert-speak/national-youth-policy#:~:text=Published%20on%20Aug%2002%2C%202023&text=With%2066%20percent%20of%20its,the%20world's%20largest%20youth%20population. > accessed on 11 March 2024.

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6. Nangloi rape case: Delhi cops arrest two juveniles, (India Today, 20 October, 2015) < https://www.indiatoday.in/india/delhi/story/nangloi-rape-case-delhi-police-arrest-two-juveniles-268660-2015-10-18 > accessed on 13 March 2024.

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9. Ministry of Women and Child Development Notification, New Delhi, the 12^th January, 2016 S.O. 110(E). The Gazette of India Extraordinary, Part II-Section 3 Sub Section(ii). Published on 13^th January, 2016 - In exercise of the powers conferred by sub-section (3) of section 1 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), the Central Government hereby appoints the 15th day of January, 2016 as the date on which the said Act shall come into force. (GOI Notification 13^th January, 2016) < https://wcd.nic.in/sites/default/files/JJAct2015-1.pdf > accessed on 14 March 2024.

10. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the State Government shall, constitute for every district, one or more Juvenile Justice Boards for exercising the powers and discharging its functions relating to children in conflict with law under this Act. (GOI Notification 13^th January, 2016) < https://wcd.nic.in/sites/default/files/JJAct2015-1.pdf > accessed on 14 March 2024.

11. The State Government shall by notification in the Official Gazette constitute for every district, one or more Child Welfare Committees for exercising the powers and to discharge the duties conferred on such Committees in relation to children in need of care and protection under this Act and ensure that induction training and sensitisation of all members of the committee is provided within two months from the date of notification. (GOI Notification 13^th January, 2016) < https://wcd.nic.in/sites/default/files/JJAct2015-1.pdf > accessed on 14 March 2024.

12. Under Section 2(33), (GOI Notification 13^th January, 2016) < https://wcd.nic.in/sites/default/files/JJAct2015-1.pdf > accessed on 14 March 2024.

13. Under section 2(45), (GOI Notification 13^th January, 2016) < https://wcd.nic.in/sites/default/files/JJAct2015-1.pdf > accessed on 14 March 2024.

14. Under Section 2(54), (GOI Notification 13^th January, 2016) < https://wcd.nic.in/sites/default/files/JJAct2015-1.pdf > accessed on 14 March 2024.

15. Under Section 4(2), (GOI Notification 13^th January, 2016) < https://wcd.nic.in/sites/default/files/JJAct2015-1.pdf > accessed on 14 March 2024.

16. Under Section 4(3), (GOI Notification 13^th January, 2016) < https://wcd.nic.in/sites/default/files/JJAct2015-1.pdf > accessed on 14 March 2024.

17. Under Section 4(4)(i-iv), (GOI Notification 13^th January, 2016) < https://wcd.nic.in/sites/default/files/JJAct2015-1.pdf > accessed on 14 March 2024.

18. Under Section 4(5), (GOI Notification 13^th January, 2016) < https://wcd.nic.in/sites/default/files/JJAct2015-1.pdf > accessed on 14 March 2024.

19. Under Section 4(6), (GOI Notification 13^th January, 2016) < https://wcd.nic.in/sites/default/files/JJAct2015-1.pdf > accessed on 14 March 2024.

20. Under Section 4(7)(i-iv), (GOI Notification 13^th January, 2016) < https://wcd.nic.in/sites/default/files/JJAct2015-1.pdf > accessed on 14 March 2024.

21. Under Section 27(2), India Code < https://www.indiacode.nic.in/show-data?actid=AC_CEN_13_14_000010_201602_1517807328168§ionId=12747§ionno=27&orderno=27 > accessed on 14 March 2024.

22. Under Section 27(3), India Code < https://www.indiacode.nic.in/show-data?actid=AC_CEN_13_14_000010_201602_1517807328168§ionId=12747§ionno=27&orderno=27 > accessed on 14 March 2024.

23. Under Section 27(4), India Code < https://www.indiacode.nic.in/show-data?actid=AC_CEN_13_14_000010_201602_1517807328168§ionId=12747§ionno=27&orderno=27 > accessed on 14 March 2024.

24. Under Section 27(4A), India Code < https://www.indiacode.nic.in/show-data?actid=AC_CEN_13_14_000010_201602_1517807328168§ionId=12747§ionno=27&orderno=27 > accessed on 14 March 2024.

25. Under Section 27(5), India Code < https://www.indiacode.nic.in/show-data?actid=AC_CEN_13_14_000010_201602_1517807328168§ionId=12747§ionno=27&orderno=27 > accessed on 14 March 2024.

26. Under Section 27(6), India Code < https://www.indiacode.nic.in/show-data?actid=AC_CEN_13_14_000010_201602_1517807328168§ionId=12747§ionno=27&orderno=27 > accessed on 14 March 2024.

27. Under Section 27(7)(i-iii), India Code < https://www.indiacode.nic.in/show-data?actid=AC_CEN_13_14_000010_201602_1517807328168§ionId=12747§ionno=27&orderno=27 > accessed on 14 March 2024.

28. Under Section 27(8), India Code < https://www.indiacode.nic.in/show-data?actid=AC_CEN_13_14_000010_201602_1517807328168§ionId=12747§ionno=27&orderno=27 > accessed on 14 March 2024.

29. Under Section 27(9), India Code < https://www.indiacode.nic.in/show-data?actid=AC_CEN_13_14_000010_201602_1517807328168§ionId=12747§ionno=27&orderno=27 > accessed on 14 March 2024.

30. Under Section 27(10), India Code < https://www.indiacode.nic.in/show-data?actid=AC_CEN_13_14_000010_201602_1517807328168§ionId=12747§ionno=27&orderno=27 > accessed on 14 March 2024.

31. Ministry of Women and Child Development Notification, New Delhi, the 31^st August, 2022 S.O. 4127(E). The Gazette of India Extraordinary, Part II-Section 3 Sub Section(ii). Published on 31^st August, 2022 - In exercise of the powers conferred by sub-section (2) of section 1 of the Juvenile Justice (Care and Protection of Children) Act, 2021 (23 of 2021), the Central Government hereby appoints the 1st day of September, 2022 as the date on which the said Act shall come into force. (GOI Notification 31^th August, 2022) < https://mphc.gov.in/PDF/web_pdf/JJC/PDF/LAW%20&%20POLICY/ACT%20&%20RULES/Acts,%20Rules,%20Regulations%20on%20JJ/JJ%20Act%20&%20Rules/The%20Juvenile%20Justice%20(Care%20and%20Protection%20of%20Children)%20Amendment%20Act,%202021%20stands%20enforced%20from%201st%20September%202022.pdf > accessed on 15 March 2024.

32. The Code of Criminal Procedure, 1973. Act No. 2 of 1974.

33. (2018) 4 Supreme Court Cases 433 (Before Madan B. Lokur and Deepak Gupta, JJ.). Writ Petition (C) No. 473 of 2005, Decided on February 9, 2018. (SCC Online Web Edition, 19^th March, 2019) < http://jjcdhc.nic.in/wp-content/uploads/2021/02/2018-4-SCC-433.pdf > accessed on March 15, 2024.

34. (2014) 8 Supreme Court Cases 390 (Before P. Sathasivam, C.J. and Ranjan Gogoi and Shiva Kirti Singh, J.J.). Criminal Appeals No. 695 of 2014 (Arising out of SLP (Crl.) No. 1953 of 2013. From the judgement and order dated 23-01-2013 of the high court of Delhi at New Delhi in WP (Crl.) No. 124 of 2013). Decided on March 28, 2024. (SCC Online Web Edition, 19^th March, 2019). < http://jjcdhc.nic.in/wp-content/uploads/2021/02/2014-8-SCC-390.pdf > accessed on 15^th March, 2024.

35. Suo Moto Writ Petition (Civil) No. 4 of 2020. (Before Justice. L. Nageswara Rao and Justice. Deepak Gupta, New Delhi 3^rd April, 2020, Order). < http://jjcdhc.nic.in/wp-content/uploads/2021/02/judge03042020.pdf > accessed on 15^th March, 2024.

36. Juvenile Justice Committee, High Court of Madhya Pradesh, Act and Rules < https://mphc.gov.in/jjc/act-rules > accessed on 15^th March, 2024.

37. National Legal Services Authority (Publication – NALSA at Glance) < https://nalsa.gov.in/library/nalsa-at-a-glance > accessed on 15^th March, 2024.

Article Information

CHILDHOOD, LIFE’S BEST PART BUT NOT FOR ALL: JUVENILE CRIME AND DELINQUENTS BY: AKANSHA SHRIVASTAVA

Authors: AKANSHA SHRIVASTAVA

Journal IJLRA
ISSN 2582-6433
Published 2024/03/22
Issue 7

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International Journal for Legal Research and Analysis

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CHILDHOOD, LIFE’S BEST PART BUT NOT FOR ALL: JUVENILE CRIME AND DELINQUENTS BY: AKANSHA SHRIVASTAVA

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CHILDHOOD, LIFE’S BEST PART BUT NOT FOR ALL: JUVENILE CRIME AND DELINQUENTS BY: AKANSHA SHRIVASTAVA

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