Brain Booster Articles
EMOTIONAL NEEDS OF CHILD AND JUVENILE DELINQUENCY
Author: Namra Saifi, IV year of B.A.,LL.B. from Jamia Hamdard University
“When the students are occupied, They’re not a juvenile delinquents. I believe that education is a capital Investment".
ABSTRACT Juvenile delinquency is the term used to describe the criminal acts of the offenders who aren't major i.e. under 18 and to dissect the present script of the juvenile delinquency the exploration is done. This exploration aims to explore the educational background of the delinquents along with the family background and their profitable status which affectsthe kids or which results in the crime among kids. The present study leads to the conclusion that the low income of the family, family background( nuclear or common or homeless), lack of maternal supervision on their children is the main factor which is leading to the rise in this trend of delinquency. Maturity of the crime is committed by those who are in the age group of 16- 18 times because of the negative influence of the peer groups or the surroundings. INTRODUCTION Juvenile in simple terms, means a person who is immature and has not attained a certain age. According to section 2 (35) of Juvenile Justice (Care and Protection) Act, 2000 “Juvenile” is a person below 18 years of age. Delinquency means conduct that is against the moral standards of a society or illegal. Juvenile Delinquency implies an act done by a child below 18 yearsof age and such act is
either wrong or contrary to law. Juvenile delinquency has become a topic of discussion, as the crime rate is increasing day by day and it can be seen morejuveniles are involved in heinous offences. We are under obligation to safeguard the children below 18 years from becoming juvenile delinquents, but on the other hand we cannot be too liberal to allow them to turn into hardcore criminals by giving them immunity. Since the age of juveniles is such that it is the transitional period of life and changes in one’s physical, mental, moral, sexual and spiritualbehavior can be noticed. Therefore, the needs of a child and the desire to fulfill them at times turns them into Delinquents
HOW JUVENILE JUSTICE SYSTEM IS DIFFERENT FROM CRIMINAL JUSTICE SYSTEM The Supreme Court, in Dr. Subramanian Swamy and Others v. Raju, Through member of J.J. Board & another,1has clarified that juvenile justice system and criminal justice system are different from each other. They have different aims. Whilecriminal trial is legalistic , the juvenile trial is child-friendly. The difference betweenthe two systems are as follows: 1. In case of juvenile offenders, FIR and charge-sheet are filed only in serious cases, where the punishment for the offence exceeds seven years. 2. A juvenile in conflict with law isn’t 'arrested' but ‘restrained', only when allegation is for serious crimes. 3. One apprehended the police must immediately place such juvenile under the care of welfare officer who produces him/her before theJuvenile Justice Board.Thus, police can’t retain pre-trial custody of the offender. 4. The juvenile can bot be detained in jail or police custody under any circumstances 5. A bail can be grant to a juvenile offender in conflict with law is a rule. 6. J.J Board conductschild-friendly inquiry and not an adversarial trial. 7. The criminal trail aims at finding that the guilty or innocence with the intention to punish the offenders, but juvenile trial aims to recover the errantjuvenile who is in conflict with law.
8. Juvenile system set up post-trail system for the juvenile to enable him to make an honest living.
CAUSES OF JUVENILE DELINQUENCY
FAMILYPROBLEMS This is one of the most important factors of Juvenile Delinquency. A family which shows lack of bonding between the members affects the mental health of the children. A child needs proper care and love from the family members and when the same is not provided, it becomes a cause for the change of behavior of such child. Children learn basic concepts like what is good or bad for them, or family, or society, from the members of the family. Parents play a huge role in all over development of a child. Single parent family, separated family, broken family, frequent fight among parents, lack of trust and confidence shown by parents etc., can become a huge factor for juvenile delinquency.
PSYCHOLOGICAL ISSUES A child who by the reason of depression, inferiority complex, aggression gets provoked to commit delinquent acts. These thing are results of socio-economic condition of the child’s family, lack of attention, lack of confidence, societal pressure, academic pressure, and so on. MEDIA (T.V, SOCIAL MEDIA SITES, NEWS) Media plays a significant role for a country’s growth. The programs and movies which are now a days on T.V does great amount of violence, immorality, luxury, and some special characters which not only affect a childbut an adult too. The techniques shown in those crime based programs helps the children to acquire knowledge which is dangerous for the society.
URBANISATION Urbanization is another factor for the increase in Juvenile Delinquency. The cost of living in urban areas is very high, to maintain the basic needs of life women too have to work. A child is left alone and less interaction with parents makes him vulnerable to immoral acts. The desire of luxurious life makes a person depressed and in turn he or she resorts to illegal acts to fulfill the same. Apart from factors mentioned supra, illiteracy, peer influences, economic problems, biological factors, migration, child labor etc. are other factors for aggravating juvenile delinquency.
PREVENTIVE MEASURES FOR JUVENILE DELINQUENCY 1. Parents are the first school of the child hence the upbringing of a child depends upon his or her parents. The love, affection, care, knowledge and other positive things of parents are very essential for over all development of a child. Good parenting can change the whole nature of a child. The reasonableness of parents have to be given more importance. Parents can make their child a future figure and in turn that child will enlighten the whole society. 2. The awareness programs need to be organized regularly at schools, colleges, universities, departments and every place deemedto be necessary at.
3. Community programs will help more as local and known people will participate. 4. Education can eradicate all evils of the society if given in positive way and for positive purpose.
5. Censorship has to be very active and effective. At this hour of time the role of censor boards becomes very vital. 6. Legislation of a country has all the basics covered to be the most important factor to curb Juvenile Delinquency. Fundamental Rights, Directive principles and legislations like Juvenile Justice (Care and Protection) Act, 2000 are effectively enforced. 7. Juvenile rehabilitation is prominent preventive measure to ensure juveniles are treated well and rehabilitated and reformed in such a way as to render them a chance to shine and be an example.
THE JUVENILE JUSTICE (care and protection of children) ACT, 2015
The Beijing Rules and Riyadh Guidelines, had declared the fundamental rules, which should be applied to deal with juvenile delinquency and India, being a signatory to all the conventions on Rights of Child had a legal and moral obligation to enact laws confirming to the international norms. Therefore, it enacted Juvenile Justice Act, 1986 which was later modified and replaced by the Juvenile Justice(Care and Protection of Children) Act, 2000.
The fundamental principles for administration of juvenile justice, as elaborated in the Juvenile Justice Act, 2015 and the Rules made thereunder Including presumption of innocence, right to be heard, positive rehabilitative measures and avoidance of maltreatment to juveniles who are in conflict4 with law. The law Attempts to find something that ensure best interest of the juveniles and protect their right to dignity by providing care and support. The Juvenile Justice (Care and Protection of Children) Act, 2015 recognises two categories of Juveniles, namely, 1. Juveniles in conflict with law, and
2. Juveniles in need of care and protection.
A child, who has committed an offence, and has not completed18 years of age on the date of commission of an offence is definedas 'Juvenile in conflict with law'. Section 2(d) of the Act describes the juveniles who need care and protection. The Juvenile Justice Act, 2015 requires that the State should provide infrastructure facilities and set up child welfare committees for these neglected children and they should be placed in "Children Home' and Shelter Homes with prescribed facilities. The object Is to ensure social reintegration of every child as a normal citizen.
The object Is to ensure social reintegration of every child as a normal citizen. The Act provides for setting up of after- organisations to prepare juveniles who have attained adulthood to rise ontheir feet and become orderly citizens.5
As stated earlier, one of the special feature of the J.J. Act, 2015 Is that a juvenile who has committed an offence is not addressed as 'juvenile delinquent instead he is called a juvenile in conflict with law’. Perhaps the object is to avoid stigma which the word 'delinquent' carries with it, in case of juvenile offenders. The trial of a 'juvenile in conflict with law' is held by the Juvenile Justice Board. The Board has to consider the following matter in respectof the age of the juvenile beforeproceeding with the trial: 1. Whether the person before it i.e. Juvenile Justice Board, is within the authorized age of 18 years or not; 2. For the purpose of decided the age, the admissible date is the date on which the offence is committed by the child, and not the date on which the juvenile is brought before the Board for inquiry and proceedings.
The J.J. Act mandates that no juvenile in conflict with law shall be subjected any harm, abuse, neglect, maltreatments, corporal punishment or solitary-confinement.
A child, has committed an offence, and has not completed 18 years of age on the date of commission of the offence shall be treated as a juvenile in conflict with law and dealt with under the provisions of the Juvenile JusticeAct, 2015 and the rules which are framed thereunder.
The policeshould register First Information Report(FIR)6 orfile charge- sheet against a juvenile in conflict with law in non serious offences , which are punishable with a term up to seven years imprisonment.
Instead, it should make an entry regarding alleged offence in the General Daily Diary at the police station. Police can arrest a juvenile offender only where he is alleged to have committed a serious offence punishable with imprisonment of more than seven years. Soon after the juvenile is apprehended, he should be placed under the charge of Juvenile Welfare Officer posted in the Police Station, who shall produce him before the Juvenile Justice Board within 24 hours as per Section 10(1) of the Act.The Act prohibits lodging of juvenile offenders in police lock up or jail7nor can he be hand-cuffed8. A policeman in uniform is not allowedto handle the juvenile in conflict with law.
The police is expected to gather all possible information about the socio-economic and educational background of the juvenile and circumstances leading to his law violations and record it in the case diary to be forwarded to the JuvenileJustice Board. The Act prohibits conventional investigation proceeding to be drawn in case of juvenile offenders.
In Izaz Ahmad v. State of Madhya Pradesh9 reiterating its earlier rulingas to the manner and the procedure for determination of age of the juvenile concerned, the Court held that the Sessions Judge is bound to hold an inquiry and record a finding whether the accused is juvenile or not. In the present case, the accused was never presented before the Juvenile Court or any other authority under the Juvenile Justice Act. As such, there was no occasion for any such authority to hold inquiry under Section 32 of the Act, 2000 (now Sec. 31 of JJ Act,2015),Therefore, the Court below was directed to itself hold aninquiry and record a finding and it is only after doing so, it should proceedwith the trial of the case.
The children are regarded as the future asset of any society or country. For better future of a country these children need to be groomed well. So for the best interest of a juvenile he has to be rehabilitated and reformed. After Nirbhaya’s case, one must know the consequences of juvenile delinquency. In other words, the effective implementation of laws and proper care and treatment to juveniles is sine quo non to eradicate juvenile delinquency. It cannot be uprooted but it can be so prevented that the effect of it becomes negligible.
“TEACH THE CHILDREN SO IT WILL NOT BE NECESSARY TO TEACH THE
1 AIR 2014 SC 1649 2 The UN Standard Minimum Rules for the Administration of Juvenile -Justice, 1985. 3 The UN Guidelines for prevention of Juvenile Delinquency. 4 The Juvenile-Justice Rules, 2007
5 Sec. 96 of J.J rule, 2007
6 Rule 11(11) of J.J Rules, 2007.
7 Sec. 10 of J.J Rule2007
8 Rule 76
9 2001(1) C.CR.J. 212(M.P)