SOCIOLOGY
IA-II
ARTICLE: JUVENILE DELINQUENCY
SUBMITTED BY
JLU05752
2020BALLB044
SHRUTI YADAV
B.A.LL. B (HONS), VIth SEM.
JAGRAN LAKECITY UNIVERSITY, BHOPAL
ABSTRACT
“All kids need is a little help, a little hope and somebody who believes in them.”
Juvenile delinquency is a serious problem and it is detrimental for the social order of nation.
This problem is viewed as a socio-legal category invented in conjunction with the juvenile
court; as a label applied to youth at the end of a chain of decisions involving the police, public
and juvenile court officials and as form of behaviour that violates legal codes, regardless of its
detection or processing. The analysis of statistical data available at official sites shows
increasing interest and involvement of juveniles in heinous crimes. Juvenile crimes have
become such a common problem and they raise serious concern day by day. Those children
who are involved in such crimes all over the world develop different rate of crime and world-
view. With the time they increased their ability to think, develop their own views about the
problems arising in their life. There is also a tendency of making comparison and there is
complex in their mind. The problems arise when juveniles develop delinquent tendencies and
having conflict with laws.
INTRODUCTION
Our children being an important asset, every effort should be made to provide them equal
opportunities for development so that they become robust citizens physically fit, mentally alert
and morally healthy endowed with the skills and motivations needed by society.
JUVENILE DELINQUENCY – What it means?
Etimologically, the term ‘delinquency’ has been derived from the Latin word delinquer which
means ‘to omit’. The Romans used the term to refer to the failure of a person to perform the
assigned task or duty. It was William Coxson who in 1484 used the term ‘delinquent’ to describe
a person found guilty of customary offence. The word also found place in Shakespearean
famous play ‘Macbeth’ in 1605. In simpler words it may be said that delinquency is a form of
behaviour or rather misbehaviour or deviation from the generally accepted norms of conduct
in the society.
The early penology did not recognize any discrimination between adult and juvenile offenders
so far punishment was concerned. The problem of juvenile delinquency is therefore, essentially
of a recent origin. The youngsters between a certain age-group are easily attracted to the
temptations of life and lend into criminality. As is often said, the child of today is the citizen of
tomorrow. The criminal tendency in youngsters must therefore, be timely curbed so that they
do not turn into habitual criminals in their future life. It is with this end in view that most
countries are presently tackling the problem of juvenile delinquency on priority basis. Many of
them established separate juvenile courts to deal with young offenders and the procedure
adopted in these courts radically differs from that of regular trial courts. In India, special
provisions providing for the care, protection, treatment, development and rehabilitation of
neglected or delinquent juveniles and their trial and disposition are enacted under the Juvenile
Justice (Care & Protection of Children) Act, 2000 (Section 6 of 2000) which are uniformly
applicable throughout the country excepting the State of Jammu & Kashmir and rules under
the Act enacted to be known as the Juvenile Justice Rules, 2007 which came into force w.e.f.
October 26, 2007.
Causes of Juvenile Delinquency:
Violence in the home: - 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 on 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.
Socioeconomic 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.
Juvenile delinquency in other countries
The problem of juvenile delinquency still remains a paradox despite unbridled efforts on the
part of penologist to curb this menace. Several causes such as slum-dwelling, poverty, neglect
or partiality by parents towards their children. Lack of parental care and social security may be
attributed to the unprecedented increase in juvenile delinquency. The situation in European
countries in this regard is, however, not so alarming as in United States where the problem has
touched its climax in recent years. Ms. Sophia M. Robinson in her learned article entitled “Why
Juvenile Delinquency Programmes are Ineffective” has aptly pinpointed the cause of the failure
of preventive efforts in suppressing juvenile delinquency in United States.
Norway – In Norway, the criminal cases of young offenders between the age group of 14-18
are referred to the Municipal Juvenile Welfare Committee consisting of 5 members. This
committee functions to suggest adequate measures with regard to juvenile delinquents. The
enactment of Child Welfare Act,1953. However, provides the delinquent child should be
allowed to stay at home and the Juvenile Welfare Committee should take preventive steps by
visiting the delinquent’s home at frequent intervals and suggest effective measures to keep the
offenders away from criminality. There is greater emphasis on medico-psychological method
of treatment of young delinquents in recent years.
Turkey- Turkey has shown keen interest in juvenile justice. Even though rate of juvenile
delinquency is not high, slightest rise in child delinquency excites concern in that country
because of the stronghold of the family institutions.
The eminent Turkish scholar Nephan Saran dealt with socio-cultural pecularities of the children
under 18 years of age who were involved with the police of Istanbul during 1956-1968. He
observed that theft, sexual offences, violence, smuggling and pick pocketing were the most
prevalent crimes and delinquency was concentrated in the age group of 16-18 years. The main
causes of the delinquency were crowded families, unemployment, poor housing and culture
conflict.
International Concern for Juvenile Justice
The immensity of the problem of juvenile delinquency has been engaging the attention of
penologists at international level also. The International Penal and Penitentiary Commission
worked successfully on the prevention of crime and treatment of offenders until October 1951
and repeatedly stressed on the necessity of rationale and humane treatment methods which
could be avoid the need of keeping juvenile offenders in prison in order to disassociate them
from the criminal world.
The pressing problems of juvenile delinquency in developed and the developing countries drew
attention of the United Nations to work out some guiding principles for Juvenile Justice
System. The United Nations Asia and Far East Institution made significant contribution in this
behalf as a result of which the 7th U.N. Congress on Prevention of Crime & Treatment of
offenders adopted, in September 1985.
India being a U.N. member has responded favourably to this call of the international body and
enacted a comprehensive law on the subject called the Juvenile Justice Act, 1986.13.5
Juvenile Justice in India
Available statistics on juvenile delinquency in India reveal that the problem is not as tense in
the western world. This may be due to variations in living conditions such as greater family
affiliations and parental control, stronghold of religious convictions and due regard for moral
precepts in Indian society. This is not to suggest that the proportion of juvenile delinquency in
India is negligible. The impact of western civilization and temptation for luxuries and pompous
life has greatly disturbed the modern Indian youth. Consequently, there has been a considerable
growth in crimes committed by juveniles. India like other country, also seeks to tackle the
problem of juvenile delinquency on the basis of three fundamental assumptions:
Young offenders should not be tried, they should rather be corrected;
They should not be punished but reformed;
Exclusion of delinquents i.e. children in conflict with law from the ambit of Court and stress
on their non-penal treatment through community based social control agencies such a Juvenile
Justice Board, Observation Homes, Special Homes etc.
The Indian law contains a more precise and clear-cut definition of juvenile delinquency. It
provides that any violation of existing penal law of the country committed by a child under 18
years, shall be an act in conflict with law for the jurisdiction of the Juvenile Justice Board.
Conclusion
The exploitation of children is one of the many evils present in our society. Such abuse has an
enduring and profound effect on a child’s life. The problem of child abuse is serious because it
forces the child to react or behave in such a way which is harmful to both society and him. This
delinquent behaviour of the adolescent is due to the mental trauma that he goes through in the
early stages of his life. The abuse further varies in nature as physical, sexual, psychological or
as a combination of them influencing these youngsters in a negative way.
It is important to eradicate this practice from society to keep control of the problem of Juvenile
Delinquency. It is in the best interest of the deviant child to rehabilitate him as early as possible
an integrate him back into society. The State has a duty to protect the rights of these children
and to come up with reformative methods to inculcate values in these children which can
socially uplift and give confidence to them so that they can further play a constructive role in
the society.
