There is no single cause of Juvenile delinquency but there are many and varied causes.
(i) Mobility
The rapid growth of industrialization and urbanization has led to expansion of means to communication, travel facilities and propagations of views through press and platform. Migration of persons to new places where they are strangers offers them opportunity for crime as chances of detection are minimized considerably.
(ii) Cultural conflicts
In a dynamic society, social change is an inevitable phenomenon. The impact of modernization urbanization and industrialization in a rapidly changing society may sometimes result in social disorganization and this may led to culture conflicts between different valves of different sections of society. The immigration affects the crime rate of a place. Culture conflict between inhabitants and immigrants results in deviant behaviour. Ruth & Cavan found that Eskimos who are still not free from the problem of crime till now. How they frequently indulge into deviant behaviour such as loitering drunkenness and sex offences due to their immigration to urban areas and social contract with non-Eskiness. India has faced this problem during Indo-Pak partition days in 1947 and Bangladesh in 1971. There was in flood of ‘Refugees’ from Sindh and North West frontiers region in 1947, which broke down their traditional social structure of Indian Society and resulted into enormous increase in crime.
(iii) Family background
This factor also incites or encourages the Juvenile to commit for offence/crime in society. Sutherland said that the family background has greatest influence on the criminal behavior of offender or Juvenile. The Children are apt to imbibe criminal tendencies, if they find their parents or members of the family behaving in the similar manner. A child who is brought up in a broken family is likely to face an easy prey to criminality. The lack of parental control over children due to death, divorce, or desertion of parent or their ignorance or illness may furnish soothing ground for children to resort to criminal acts. The frequent quarrels amongst parents, undue domination of one over the other, step-motherly treatment with children, frequent births in the family, immorality of parents, misery, poverty of unwholesome family atmosphere unemployment, low income or parent’s continued long absence from home may led to the child to do commit the offence in the society. Some are the same factor which emanates from the family background are as under:-
(iv) Neighborhood
Neighborhood influences also have much to do with the nature of crimes in the particular locality. Thus, thickly inhabited areas, towns and cities offer frequent opportunities for sex offences and crimes relating to theft, burglary, Kidnapping, cheating, deceit etc. The cases of pick pocketing are common at railway stations and bus stops and other halt station. Vehicle theft by youngsters is too common at few places and other gathering places. Another significant feature of delinquency is certain anti social activities in the neighborhood. These include prostitution houses, gambling houses, brothels and similar other dubious characters institutions. The cinema theatres, swimming pools sport grounds, racecourse generally offer a favorable atmosphere for delinquents.
(v) Socio-economic condition
Socio-economic condition is also the factor, which leads to the child to commit the offence. Present day industrial progress, economic growth and urbanization have paralyzed our domestic life. The loose control over the wards has slackened this leaving them free to behave as they like. Now-a-days, money is the parameter to gauge or measure the social status of a man in society. The crimes in the high circle of society may easily be covered up through money. The poverty contributes a major factor in commission of crime.
(vi) Alcohol/Intoxication
It is also another major cause of crime. Now-a-day, it has become a fashion to use of alcohol is. Some people give a spoonful of Brandy to a sick juvenile who is suffering from cough. It is generally supposed that the Brandy may be useful for cough and cold. The abuse of alcohol ultimately causes heavy damage to the body and mind and the person or juvenile who has consumed liquor cannot understand the consequences of his acts and he is quite likely to do some harmful and wrongful act.
After consumption of alcohol one looses self-control. In families, it results in quarrel between husband, wife and children and assault on them. It creates disgusting atmosphere at home and the children think it better to leave home. This may also lead to commission of crime by such frustrated child. The lack of discipline in family is highly hazardous to the child. The child should be checked whenever it is necessary otherwise they may indulge commission of offence.
(vii) Peer Group
The behaviour of an individual largely depends on his peers. Some of the individuals (mostly in teen ages) form gangs in which a number of individuals associate together in group activity which often emerges into criminal tendency (Rogers, 1960). Gangs act as a contributory factor to juvenile delinquency. Boys and girls often learn techniques of committing crimes in gangs. Gang is more or less a means of conveying techniques of delinquencies, of training in delinquency, of safeguarding its members engaged in delinquency and of maintaining continuity in delinquency (Kaldate, 1982). If a child remains with a gang along with other delinquents, he gets more opportunity and frequent chance of engaging himself in delinquency. He joins gang to secure everything which he does not get otherwise.
(viii) Nature of Society
The nature of society whether democratic or authoritarian, also determines the incidence of delinquent behavior of the children in that society. Moreover, the habitat of people in society is also one of the aspects of society which tends to affect juvenile delinquency. For instance, the rural and urban settings in India are much different in terms of occupation, education and interpersonal relationship. These differences seem to have differentially affected the incidence of delinquency in these two populations and this aspect needs to be further studied.
(ix) The socio-cultural condition
The socio-cultural environment is also an important factor in the causation of juvenile delinquency. When a child moves in his society, he mixes with different shades of people some of whom are engaged in destructive activities. The anti-social elements have ulterior motives to make profit by converting the normal children into delinquents. This helps them to earn money through these young delinquents by engaging them also in antisocial activities such as theft, assault and aggression. A juvenile, coming in the clutches of antisocial elements finding protection or check from other members of society, is naturally driven to commit crime (Bhatia, 1977). This affects adversely not only the personality of such children, but it also creates serious law and order problems for the administrators.
(x) Cinema is also considered as cause of crime or delinquency because children are of easy impressionable mind. What they see on the screen they try to do as it is in real life. Present day pictures are full of criminal activities scenes like robbery, theft, loot and rape etc. The parents must be careful and serious in not taking their children to undesirable pictures especially with the crime scenes. The connection between movie and delinquency is considered to be quite close. Cinema, it is said, has an adverse effect on the moral sense of the children because of its emphasis on violence, crime and sex. Too crazy people for movies neglect their studies, turn truant from school and house. Quite often when they don’t have money for the cinema ticket, they resort to stealing. The undesirable influence of television lies in introducing an element of impersonal relationships in the family. According to Marie Seton,interest in films in the country (India) is unparallel, therefore, carefully planned programmes with appeal to different groups could be built up through suitable films.
(xi) Role of Press
The press through sensational news of crime stimulates delinquent conduct. Press plays an important role in making good and bad impressions on easily impressionable mind of the children. Children are attracted and lured by the headlines of a newspaper and clipping of news items on telephone etc. announcing the news of robbery, describing it as an adventurous short-cut to riches. The children learn the mode of committing the offence. Cases of kidnapping and child-lifting reported the daily and shown repeatedly are misguiding factors to the young who run away from homes or schools to commit offence. Jerome Motto, of the University Of California School Of Medicine, says that newspaper is one of the factors in encouraging suicide. He based his charge on finding that suicide rate in the Detroit area dropped by 20% during the ten months’ strike when newspapers were not available. He blamed the newspaper for their constant emphasis on violence, aggression, sexuality, power and notoriety
(xii) Cheap Literature
There is a general feeling and belief that cheap literature has an adverse effect on young minds. Main among the criminogenic effects ascribed to literature is its harmful sexual influence on young persons and secondly, its stimulation of criminal tendencies through attractive descriptions of criminal surrounded with an atmosphere of excitement and adventure. A more direct crimogenic effect of such reading is that its description of a particular crime may act as a direct suggestion or of a technical procedure to be used by the reader. Another harmful effect of such literature is that it prevents children from spending their leisure in healthy pursuits. The causal connection of cheap literature with delinquency has particularly been stressed by Frederick Wertham in the United States and by Mays in England. According to Wertham such literature only offers murder, crime and drug traffic to children. Their effect in general is anti-educational and they interfere in education by taking “large chunks of a child’s life during which he is not positively, that is, educationally occupied.” He derived his conclusions from studies made over a period of seven years, Similarly, Mays in England holds the adults responsible for providing stimulation to the teenage cult through cheap advertisements and photos in the periodicals, with the ulterior motive of promoting sale of certain kinds of articles. Bhattacharya holds the same view, The movie, the radio and the crime magazine, he says, stimulate crime through imitativeness, especially in the impressionable ones who are open to suggestions.
(xiii) Mental make up
Mental make up of the child also conditions his behaviour to a large extent. Various researches reveal that a large proportion of delinquents are feeble minded and deficient in intelligence. According to Henry H. Goddard, the greatest Historian, there are two basic theories of crime and delinquency. One refers to spiritualism and the other relies on worldly explanation. According to vold (1960) both the theories are ancient and modern as well. But natural or these worldly theories can be called scientific since the spiritual explanations cannot be empirically tested and upheld or disproven. The oldest theory of causation was that of diabolic possession and instigation, the act committed was judged only by its external appearance irrespective of the intent and. motive. The absence of intent was rather an aggravating than an extenuating factor since the offender, in this case, was considered to be possessed of supernatural power. The child offender was no exception. He was considered wicked and evilly disposed, dangerous, incorrigible and, therefore, irrespective of his age, sex, mental and physical conditions, deserved to be punished. Conduct disorder usually develops during childhood and manifests itself during an adolescence life. Some juvenile behavior is attributed to the diagnosable disorder known as conduct disorder. Juvenile delinquents who have recurring encounters with the criminal justice system are sometimes diagnosed with conduct disorders because they show a continuous disregard for their own and others safety and property. Once the juvenile continues to exhibit the same behavioral patterns and turns eighteen he is then at risk of being diagnosed with antisocial personality disorder and much more prone to become a serious criminal offender. One of the main components used in diagnosing an adult with antisocial personality disorder consists of presenting documented history of conduct disorder before the age of 15. These two personality disorders are analogous in their erratic and aggressive behavior. This is why habitual juvenile offenders diagnosed with conduct disorder are likely to exhibit signs of antisocial personality disorder as they mature. Once the juveniles reach maturation their socially unacceptable behavior has grown into a life style and they develop into career criminals. “Career criminals begin committing antisocial behavior before entering grade school and are versatile in that they engage in an array of destructive behaviors, offend at exceedingly high rates, and are less likely to quit committing crime as they age.
(xiv) Heredity
The factor of heredity is emphasized a lot when studying the cause of delinquent behavior. According to Goring, feeblemindedness is the result of hereditary transmission. An opinion was expressed in a Seminar on juvenile delinquency that ‘delinquent parents breed delinquent children.’ Heredity and environment influences a child‘s behavior to a large extent. ‘Heredity conditions what a child can do or not do, whereas environment influences what he does.’ However it may be pointed out here that quite often what appears to be a hereditary trait is nothing more than mere identification. Thus, where a father is a thief, the son may start stealing from an unconscious desire to be like him. Association makes him what he is. What passes from parents to children is a tendency. These tendencies remain dormant till aroused by external pressures. If children of criminals commit delinquent acts that should not be attributed to heredity but rather to association, influence or training. Remove such children from such an association very early in age and they will be different .
1.7.3 LAWS RELATING TO JUVENILES
Article 14: Right to equality
Article 15: Right against discrimination
Article 21: right to personal liberty and due process of law
Article23: Prohibition of traffic in human beings and forced labor.
Traffic in Human Beings and beggar and other similar forms are prohibited and any contravention of this provision shall be punishable.
Article 24: Prohibition of employment of Children in factories act
No child below the age of fourteen years shall be employed to work in any Factory or mine or engaged in any other hazardous employment.
Art. 39(e) and (f): certain principles of policy to be followed by the state:
The state shall, in particular, direct its policy securing (e) that the health and strength of the workers, men and women and the tender age of children are not forced by the economic necessity to other avocations unsuited to their age or strength.
(f) That children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
Art.41: The right to work, to education and to public assistance in particular circumstances:
The state shall within the limits of economic capacity and development make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want.
Art.45: Provision for free and compulsory education for children.
The state shall endeavor to provide within a period of 10 years from the commencement of this constitution for free and compulsory education for all children until they complete the age of 14 years.
Art.47: responsibility of the state to raise the nutritional levels and standards of living of its citizen and to improve public health.
CHILDREN OR JUVENILE LAW UNDER INDIAN PENAL CODE AND CODE OF CRIMINAL PROCEDURE
Juvenile can be defined as a child who has not attained a certain age at which he, like an adult person under the law of the land, can be held liable for his criminal acts. The juvenile is a child who is alleged to have committed /violated some law which declares the act or omission on the part of the child as an offence. Juvenile and minor in legal terms are used in different context. Juvenile is used when reference is made to a young criminal offenders and minor relates to legal capacity or majority.
In India, under section 82 of the Indian Penal Code, nothing is an offence which is done by a child under seven years of age and under section 83 nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequence of his conduct on that occasion. Maturity of understanding is to be presumed between the ages of seven and twelve unless the contrary be proved.
Section 27 of the Criminal Procedure Code, 1973, provides that any offence, other than one punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the court is under the age of sixteen years may be tried by the court of Chief Judicial Magistrate or any Court specially empowered under the Children Act, 1960 or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders, The Reformatory Schools Act defined a youthful offender as any male child who is below 15 years.
The majority of the Children Acts passed in the various States fixed the upper age limits of protection at sixteen years. The more recent Acts of West Bengal and Saurashtra have raised this age limit to 18 years. The Central Children Act, 1960 retained the age of sixteen in case of boys but has extended it to eighteen for girls. The higher age limit in case of girls was considered to be essential in view of the social setting of our country where girls need protection for a longer period. The Probation of Offenders Act, 1958, imposes a restriction on the imprisonment of a person below 21 years. Thus, ordinarily a boy or a girl below 21 is not to be imprisoned. Juvenile Justice Act, 1986 treated a boy under16 years of age to be a juvenile. But in case of a girl this age limit was 18 years. JJ (C & P) Act, 2000 however, provided a uniform age of 18 years for boys and girls.
POCSO(Protection of Children from Sexual Offences) ACT, 2012
In order to effectively address the heinous crimes of sexual abuse and sexual exploitation of childrenthrough less ambiguous and more stringent legal provisions, the Ministry of Women and Child Development championed the introduction of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The Act defines a child as any person below eighteen years of age, and regards the best interests and well-being of the child as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child. It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor. People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act. The Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.
Under Section 44 of the Protection of Children from Sexual Offences(POCSO)Act and Rule 6 of POCSO Rules, 2012, the National Commission for Protection of Child Rights, in addition to its assigned functions, also mandated:
1. To monitor in the implementation of Protection of Children from Sexual Offences (POCSO) Act, 2012;
2. To monitor the designation of Special Courts by State Governments;
3. To monitor the appointment of Public Prosecutors by State Governments;
4. To monitor the formulation of the guidelines described in section 39 of the Act by the State Governments, for the use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trial stage to assist the child, and to monitor the application of these guidelines;
5. To monitor the designing and implementation of modules for training police personnel and other concerned persons, including officers of the Central and State Governments, for the effective discharge of their functions under the Act;
6. To monitor and support the Central Government and State Governments for the dissemination of information relating to the provisions of the Act through media including the television, radio and print media at regular intervals, so as to make the general public, children as well as their parents and guardians aware of the provisions of the Act;
7. To call for a report on any specific case of child sexual abuse falling within the jurisdiction of a CWC;
8. To collect information and data on its own or from the relevant agencies regarding reported cases of sexual abuse and their disposal under the processes established under the Act, including information on the following:-
o Number and details of offences reported under the Act;
o Whether the procedures prescribed under the Act and rules were followed,Including those regarding timeframes;
o Details of arrangements for care and protection of victims of offences under this Act, including arrangements for emergency medical care and medical examination; and
o Details regarding assessment of the need for care and protection of a child by the concerned CWC in any specific case.
9. To assess the implementation of the provisions of the Act and to include a report in a separate chapter in its Annual Report to the Parliament.
Prevention of Juvenile delinquency
Preventive Programs of Juvenile Delinquency
There may be two kinds of programs for preventing the juvenile delinquency;
(i) Individual Program
Individual program involves the prevention of delinquency through counseling, psychotherapy and proper education.
(ii) Environmental program
Environmental program involves the employment of techniques with a view to changing the socio-economic context likely to promote delinquency.
These two forms of preventive approaches are reflected in the following strategies, which are adopted in crime prevention programs.
(i) Individual Program
(a) Clinical program
The object of this clinic is to provide aids through Psychiatrists Clinical Psychologists and Psychiatric Social workers to help the Juveniles delinquents in understanding their personality problems.
Taft and England have listed the function of clinics as follows
• To participate in discovery of pre delinquents.
• To investigate cases selected for study and treatment.
• To treat cases itself or to refer cases to other agencies for treatment.
• To interest other against in Psychiatrically oriented types of treatment of behavioral disorders in children
• To reveal the community unmet needs of children.
• To cooperate in training of students intending to specialize in treatment of behavioural problems
(b) Educational Program
The impacts of educational institutions are very significant in the countries where almost every child going to school and preventive program can be launched in an effective manner through the schools. Teachers should not discriminate among the students; they should be treated equally and provided the moral education which is very helpful to the students for their life stand. Moral education is a significant factor for the students, which decide their life. They should be able to understand the difference between right and wrong ideas which are favorable for them and which are not. They should learn to respect the property of others. They should not steal the things of others. It is duty of the teacher to provide the moral education to the students and teach them the art of living in the society with the good manner.
(c) Mental Hygiene
This method is also helpful in prevention and treatment of Juvenile delinquency. To prevent the mental conflict and to bring about a proper mental adjustment in childhood and value of mental therapy in curing a mental disturbance cannot be over-emphasized. The mission of life must be determined and energies must be directed towards the fulfillment of the high mission. Development of high sentiment and values in child also prevent Juvenile Delinquency. In October 1944, on occasion of inauguration of the Indian Council for Mental Hygiene Dr. K.R. Masani, the then Director of Indian Institute of Psychiatry and Mental Hygiene, said that the application of mental Hygiene was wide and varied and in Education, Law, Medicine, Public health, Industry, mental hygiene played an important role in preventing the delinquency and crime.
(d) Parent education
Parental education is very important for the Juvenile for preventing the commission of an offence. Parents should give such, Education to their children so that they do not c ommit the crime in society or are away from such commission. Every community should ensure opportunities for parental educations, which will help making good homes, improve family relationship, and education and care of children. Some educational programmes inform parents on how to raise healthy children.
(e) Recreational programs
The recreational programs are a good check on delinquency. Recreation programs enable youths to mix up with other adults and children in the community and develop friendship. Such positive friendships may assist children in later years. Youth programs are designed to fit the personalities and skills of different children and may include sports, dancing, music, rock climbing, drama, karate, bowling, art, and other activities. It is believed that the energies of youth can be very well channelized into pursuits like sport games and other healthy activities, which would counteract delinquent among the participants The establishment of recreational agencies like sports, playgrounds community centers, concerts drama, puppet shows are very necessary for preventing the delinquency and developing social group work and youth groups. In rural areas, recreational agencies should provide open air meeting halls, playgrounds for sports and cultural activities. Youth organizations and groups/agencies should take and assume the responsibility for organizing these programs so that Juvenile may be kept away from delinquency.
(f) Removal of inferiority complex
Inferiority complex, fear, apprehension may sometimes lead the child to commit crime under wrong and misplaced belief/impression of proving himself. Children deserve encouragement to become confident and good spirited person. Discouragement pulls them behind in their life. They should be properly to face various good and bad phases of life and their failures should not be criticized. Praise cheer, sympathy and love should be showered to banish inferiority complex.
(ii) Environmental program
(a) Community Programs
The community program reverses the trend. The basic aim of community program is to reach the people in need of help instead of people approaching the workers and agencies. Another significance of this program is that the participation of the local community is considered to be more important and role of professional leadership is sought to be kept at the minimum level. Marshal B. Clinard has outlined the key supposition of these programs as follows:
• Local people will participate in efforts to change neighborhood conditions.
• Because they do not accept an adverse social and physical environment as natural and enviable
• Because self-imposed changes in the immediate Environment will have real significance to the resident and consequently will have more permanent effect.
The Chicago Area project is the most important example for the community program and it is the one of the oldest in the U.S.A. Clifford R. Shaw founded that the role of the local leadership of high delinquency could be more useful instead of or professionally trained workers. It is considered that the local leadership is more familiar with the area conditions and has or keeps better communication with their residents. Therefore they have greater engagement in the local problems and can be more efficacious in finding the required financial sources. The Youth Correction Act, 1941 was passed in California (U.S.A.) Youth Correction Authority was established to coordinate and provide facilities in Educational, Medical and Rehabilitation institutions, which worked for juvenile delinquents. Besides the rehabilitation programme, it assisted in the development of facilities for sports, recreation and leisure time activities for children and young persons on the community level as a preventive measure .
(b) Publicity
This method can also be very useful in preventing the Juvenile Delinquency. The newspapers, magazines, radio, television and motion pictures etc. should show the juvenile delinquency in proper perspective honestly and should also present real reports about the various wrong done by the juveniles and analyze its true causes and also protect the juvenile against false and misleading reporting. The actual position should be presented and produced before the society about their delinquent behavior so that they may be properly assessed and dealt with by the society. Since a long time the question of publicity for Children’s Court hearing has been an issue. Secrecy of Court proceedings has always been opposed in democratic countries, that is, the reason that our Constitution has provided for the publication of Court proceedings. However, some restriction in this respect is placed in the Children Acts. Section 36 of the Children Act, 1960 provides as under;
(1) No report in any newspaper. Magazine or news sheet of any enquiry regarding a child under this Act shall disclose the name, address or school or any other particular calculated to lead to the identification of child nor shall any picture of any such child be published :
Provided that for reasons to be recorded in writing, the authority holding the enquiry may permit such disclosure if in its opinion such disclosure is in the interest of the child.
(2) “Any person contravening the provisions of sub-section (1) shall be punishable with fine which may extend to one thousand rupees.”
The reason for such restriction in case of juvenile delinquent may be that publicity sometimes rather than being humiliating to the delinquent, has given him a sense of importance as a public figure and has raised his status among other delinquent children. Publicity of crime is plainly punitive in origin and is made that a criminal should receive a public condemnation of his criminal activities. But as regards the objectives of the Children Act, it is plain that the Act is enacted “to provide for the care, protection, maintenance, welfare, Training, education and rehabilitation of neglected or delinquent children and for the trial of delinquent children in the Union territories.”
In any case if press or other publicity is given to the crime of juvenile delinquent the rehabilitation of juvenile delinquent will become more difficult. The less publicity an individual case gets, the better is the chance to bring the delinquent back into conformity and to protect him from either delayed hero worship or a stigma that he cannot cast off. Rehabilitation does not go on the glare of publicity but through personal relationship of the delinquent with adult, non-delinquents and when needed through specialized case work or clinic services.
However, a different view of the secrecy of publicity has also been taken. It has been stressed[51] that the secrecy of Children’s Court proceedings is opposed as it may open the way for exploitation of or injustice to the accused person. It is perhaps against the interest of other persons who would stand to lose or gain in prestige, power or finances according to the outcome of a trial. It is further said that Juvenile Courts need a watch-dog to protect public and individual interests and that the best watch-dog is press.
(c) Parental love and affection
Child needs his parent’s love and affection also. Unless his parents really love him the child can not get the best of his parents love and affection. Child needs unconditional, immediate and true love, care and protection of his mother and father. On account of deprivation of such love and care the child may develop frustration and dissatisfaction leading to crime. So parental love, care and protection is very necessary for the child to prevent him for committing or doing the crime.
(d) Family Environment Family factors which may have an influence on offending include; the level of parental supervision, the way parents discipline a child, parental conflict or separation, criminal parents or siblings, and the quality of the parent-child relationship. Children brought up by lone parents are more likely to start offending than those who live with two natural parents, however once the attachment a child feels towards their parent(s) and the level of parental supervision are taken into account, children in single parent families are no more likely to offend than others. Conflict between a child’s parents is also much more closely linked to offending than being raised by a lone parent. If a child has low parental supervision they are much more likely to offend. Many studies have found a strong correlation between a lack of supervision and offending, and it appears to be the most important family influence on offending. When parents commonly do not know where their children are, what their activities are, or who their friends are, children are more likely to truant from school and have delinquent friends, each of which are linked to offending. Lack of supervision is connected to poor relationships between children and parents as children often in conflict with their parents may be less willing to discuss their activities with them. Children with a weak attachment to their parents are more likely to offend.
1.8 Role of Society for protection of juvenile Delinquency
1.8.1 Role of Police
The police has an important role in apprehending and protection of juvenile delinquents. The police has more contact with the juvenile than any other agency dealing with the juvenile delinquents. The police is a separate agency from the Juvenile Court and it is also guided and directed by the policies and philosophies of the Juvenile Court with which the police has to work. Thus, in order to understand the police’s behavior towards Juveniles, it is essential to understand all the facts of the Juvenile Court.
1.8.2 Role of parents
• Parent or guardian has to play key role in mainstreaming of the juvenile. The Juvenile Justice Act, 2000, assigned following roles to the parent/guardian to be played in restoring the juvenile or child.
• When a Juvenile is apprehended by the police, the police officer who apprehends the juvenile has to inform the parent or guardian of the juvenile about the apprehension. The parent/ guardian have to report the probation officer, and juvenile board before whom the juvenile has been apprehended.
• Whenever the Board asks the parent/guardian to furnishing the bond to release the juvenile on bail, parent has to arrange for bail and bond, and observe the juvenile as directed by the Board.
• Whenever the board passes an order to pay fine, the parent of the juvenile has to submit the amount of fine as ordered by the Board.
• Whenever, the Board considers the case fit for the community service and passes an order for the same, it is the duty of the parent to follow the order of the Boards per the directions issued by it and report to the mentioned authority after completion of the said community service.
• Whenever, the board directs the parent or guardian for counseling and after taking proper counseling, parent has to execute the directions issued by the Board.
• Whenever, there is no parent or guardian of the juvenile or the probation officer fails to find out the parent or guardian of juvenile, in both the circumstances, the juvenile should be treated as ‘child in need of care and protection’
• In case the parent are not able to take care of their child, instead of abandoning the child, the parents should surrender the child before the authority.
20. court on its own motion.v Govt of Delhi, 163 (2009) DLT 641
1.8.3 Role of society
As far as role of society towards juvenile is concerned, it has to play an important role in re – instating the juvenile in the society. Whenever a juvenile is released on bail, the society must be careful in observing his behavior and reacting in a manner that he should not indulge himself in any offence.
The Juvenile Justice System is based on the restorative theory and tries to remove the abnormal circumstances from the society and provide the Juvenile an opportunity to become a law abiding citizen, the society must have positive approach towards the theory.
The society helps the juvenile, placing in the society, through providing job opportunities and higher education or vocational training.
In case of child in need of care and protection, the society must play a role of the guardian of the child, as and when required.
The society may help the children by adopting foster care of the child and may also provide sponsorship programs to the needy children.
1.8.4 Role of the Government
The state Government has to play most important role towards rehabilitating the child in the Society. The Government has to create individual action plan when the child is in Children’s Home and the Juvenile is in Special Home. These children require more that what we are providing. The Government has been allotted with Funds for Caring and Protecting the Children but many of the States are not able to use the allotted Funds for various reasons. It is revealed that Government is intended to do but sometime in lacking of expert knowledge in their Department; that are not able to work in true Spirit of the Act.
Just to bring the act into force, rules have been framed. But the committees which were required to work properly were not constituted. The members and social workers who were appointed as the members of these Boards and Committees were not competent enough to handle the situation.
The political persons are busy in their other busy schedule. Therefore the Government should play a positive role in taking care of such children by providing them more number of valuable honorarium of the members who can prove to be fit and accountable for the Society.
06.01.2019