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Juvenile Justice In India: Status & Challenges

A juvenile in case of a boy is a person who has not attained the age of 16 years and in case of girls, it includes person who has not completed the age of 18 years. It is often believed that any act done by a juvenile is not an offence and also not punishable in the eyes of law because a juvenile is devoid of mature understanding of any act as to what is either right or wrong. Thus is it is viable to escape this juveniles from any punishment or treatment? Is it not required to help them understand the consequence of their act? To second this, The Children’s Act, 1960 defines delinquent as “a child who has committed an offence”. Delinquency is not merely a juvenile crime but it includes all deviations from natural youthful behavior. A child’s act is expected to be full of innocence. If a child acts untowardly against this accepted fact of innocence it is deviations from natural youthful behavior. Though the list of such “deviation from natural youthful behavior” is not exhaustive, few instances where we can say that a child has deviated from his/her natural behavior are: habitual disobedience of children, desertion oh their homes by children, mixing of children with immoral persons, engaging themselves in antisocial practices, etc.

A Comparative report of US as well as India state that in US nearly 2% of children between the age of 7 to 17 attend juvenile courts. The scenario was different in India but with changes in cultural pattern of people, urbanization and industrialization, there has been an increase in the indulgence of juveniles in offences. With the passage of time, the rate of incidence of offence amongst boys is more by 4-5 times than in girls of similar age and that the highest incidence of committing offence is seen in children of age of 15 years and above.

There are certain theories that help us to understand the concept and reasons of such delinquency.

THE THEORIES ARE AS FOLLOWS:

1.Strain theory: Strain theory was developed in 1957 by Robert K. Merton. According to the theory, the society puts pressure on individuals to achieve socially accepted goals, though they lack the means, this leads to strain which may lead the individuals to commit crimes. Examples to achieve ones goal one may enter into he racket of selling drugs or becoming involved in prostitution to gain financial security.

2. Differential theory: Incriminology,differential association is a theory developed by Edwin Sutherland proposing that through interaction with others, individuals learn the values, attitudes, techniques, and motives for criminal behavior.[1]

3. Labeling theory: Once a person is seen as a deviant or criminal, they gain a label. This label is known as a Master Status. The master status is the main thing that everyone knows. If one is labelled as a criminal, then this is so important a status that everyone sees that individual in those terms. Howard Becker, a famous sociologist, said that people with a criminal master status become ‘outsiders’. They are not treated as normal. Other people treat them with disgust or lack of trust. Because people reject the people with a criminal master status, they are not part of society. They feel like outsiders. They mix with other people like themselves. The outsiders reject society. People feel nervous of criminal groups and reject them more. The criminal groups then develop their own way of acting. Young people are vulnerable to labels. They act in groups. They are more likely to drink or use drugs that lower control. They are influenced by others around them.

CAUSES FOR CRIMINAL ACTIVITY BY THE DELINQUENTS:

Amongst others the common causes for the criminal activities by the delinquents are: Biological Causes, Social Causes and other causes.

The Biological causes are due to hereditary defects, glandular imbalance, physical defects, and feeble mindedness of the delinquents. Apart from the Biological causes, the social causes that are responsible for such acts of the delinquents are: broken family that can either because of death of parents, separation of parents, or disturbed home conditions or ill treatment by step mother or father. The most heartbreaking reason for the delinquents to engage themselves in such an activity is poverty, by which they are forced to enter into such an avocation to meet their basic needs. The list is never ending and the head “other causes” is not exhaustive. The other causes leading to such a dreadful and devastating condition of a child is their being influenced by cinemas and televisions. Small children tend to copy what they visualize and thus they copy the acts of their favourite stars. They are devoid of understanding of the fact as to what is right or wrong. They end up in doing such an act which is wrong and thus face ulterior consequences. For them engaging in such activities is fun as they lack in modes of recreation. For the sake of recreation they end up doing activities which are often criminal in nature. Leading causes of such activities are also engagement of such children in activities like drug addiction, alcoholism.

PREVENTIVE MEASURES:

Not only there are ways by which a child can be spoilt but there are also means by which the delinquent can be prevented from committing such acts.

If a child gets a healthy family atmosphere there are very few chances of the child getting distracted or doing activities illegal in nature. Thus, if there is improved family conditions prevailing and the child is given love and care there are less chances of the child getting deviated or attracted to fanciful activities. This can be possible where there are well adjusted families and the family members have a good bonding amongst them.

The child should not be a forced child to the parents rather the child should be born with the consent of both the parent where both the parent has prepared themselves for parenthood and finally decided to take up the responsibility of their child.

Decision of giving birth or giving birth to a child is not only the way of discharging ones parenthood rather the parents shall do all to meet the requirements of the child. The basic needs of the child should be met so that the child is not devoid of any basic needs.

A child’s development can be best done at home and school. Thus it is necessary that a child shall get a healthy atmosphere at home as well as a healthy atmosphere at school. The teacher pupil relation shall be healthy so that the teachers effective teachings has a good impact on the student and help them grow a responsible citizen.

Last but not the least proper recreation facilities shall be provided to the children so that they are engaged with avocations that are suitable to their age and are not engaged in activities that are unsuitable for their age. It is often seen that parents due to various reasons do not treat their children with love and affection, it is so required that the parents shall be provided proper counselling so that they do not mistreat their children and give them a hustle free life. The parents shall be guided as to how the child should be brought up and the necessary activities to be done by the parent for the betterment of the child.[2]

[1] https://en.wikipedia.org/wiki/Differential_association

[2] https://www.slideshare.net/AbinoDavid/juvenile-delinquency-14464499

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