Offences Against Child
Unit- IV
Syllabus
UNIT –IV Protection of Child & Juveniles
1. Under the provisions of constitution
(fundamental rights and directive-principles)
2. Under IPC, 1860.
3. Under CRPC, 1973.
4. Under Contract Act, 1872
5. Under Juvenile Justice Act, 2001
Unit-V Juvenile Delinquency
1. Juvenile delinquency – Nature, causes,
2. Juvenile Court System,
3. Treatment and rehabilitation of juveniles
4. Legislative and judicial protection of juvenile
offender,
5. Juvenile Justice Act, 2001.
Violation of law by a child is called Juvenile
Delinquency. Delinquency is an antisocial and
criminal behaviour committed by a person who
is under the age of 18; that is, who is not an
adult.
Juvenile delinquency is also called delinquency.
When a person reaches adulthood, antisocial
and criminal behaviour done by him can be said
as a crime. Thus, we can say that juvenile
delinquency is the child and adolescent version
of the crime.
Juvenile delinquency shows two general types of behaviours:
i. Status offense
ii. Delinquent offense
Status offenses are not considered to be good for children and adolescents.
Because of the age of the offender, these behaviours are proscribed. If
these offenses are committed by adults, behaviours are not illegal. Drinking
or possessing alcohol, consuming tobacco, running away from home,
truancy or not attending school without any good reason, and violating
curfew are examples of status offenses.
The juvenile justice system has devised formal labels for adolescents that
are in need, which is depending on the jurisdiction.
These include:
1. CHINS (child in need of supervision)
2. PINS (person in need of supervision)
3. MINS (minor in need of supervision)
4. FINS (family in need of supervision)
5. YINS (youth in need of supervision)
Delinquent offenses violate the legal statutes that also apply to
adults in the criminal justice system. Acts of violence are
included under delinquent offenses such as murder, rape, armed
robbery, aggravated and simple assault, harassment, stalking,
menacing, child abuse, and other similar offenses.
Delinquent offenses include acts that are concerned with
property crimes, such as burglary, theft or larceny, motor vehicle
theft arson, damage to property, criminal mischief, vandalism,
and others.
A variety of miscellaneous crimes is called public order offenses.
And are also delinquent offenses. These include intoxicated
drive, cruelty to animals, possession, and use of a controlled
substance, forgery, fraud, disorderly conduct, weapons
violations, prostitution and traffic violations, etc.
Causes of Delinquency
Causes of delinquent behaviour among juveniles generally peer influence. Research has
shown that young people who form relationships with positive individuals and groups that
pursue positive commitments and it tend to shun delinquent behaviours. While on the
other hand, juveniles can be engaged in activities that do not have concrete objectives and
commitments.
These types of activities are likely to lead to volatile relationships that may promote
delinquent behaviour.
These behaviours are drinking and smoking. Other behaviours are those which are without
any commitment these include juveniles getting engaged in watching television and
spending too much time watching movies.
Even though most people face no harm because of these activities. Research has proven
that the more time suspended with peers, watching television, the more likely to engage in
delinquent behaviours.
Another factor that has been proved to encourage juvenile delinquency is family influence.
It is also believed that family influence contributes to more delinquent behaviours than
peer pressure. In researches, it has been proven that families in which there is a weak
emotional bonding between the members of the family, tend to have juveniles who turn
out to be delinquent.
This may be because the juveniles develop psychological problems like
rejection and low self-esteem, which may lead to delinquent behaviour.
Other causes of psychological problems can be trauma and low self-esteem
which are also linked to delinquency. These two can originate from sources
outside the family.
Children who are being abused or exposed to family violence are likely to be
delinquents. Some researchers have linked the genes to delinquency, arguing
that children who are brought up by criminals and drug addicts are likely to
become delinquent. Another risk is at a family in which there are no effective
communication channels between members.
Children who are raised in this kind of a family may have issues that they want
to explore, but they may lack in the audience. These are likely to make them
involve in delinquent behaviour.
Non-traditional families like reconstituted families and single-parent families
can also result in delinquency. Research has also shown that children who are
brought up by single parents or divorced parents tend to be more delinquent
than those who are brought up in traditional families.
The race is a major factor in predicting delinquent
behaviour. The main reason why race is a determinant
factor for delinquency is that minority groups are not
facing the same treatment as other races.
This makes them live disgruntled lives, which may develop
hatred and further result in delinquent behaviour.
Once the trend of delinquency is set in a certain race,
then the peer influence fuels recidivism and led to fresh
offenses.
Therefore, these are some important causes of juvenile
delinquency.
Prevention
It is vital to ensure that families influence children positively due to the
contribution of its influence to delinquent behaviour in juveniles. It can be
achieved by showing that there is strong emotional bonding in the family,
and it is laying out effective strategies for communication.
Most of the children are raised from families that do not conform to the
traditional form of family. It should especially be closely watched to curb
the development of delinquent behaviour. Schools should also check the
backgrounds of children to fill the gaps that may be left by the parents.
Teachers can also help to counsel a child who is involved in violence at
home or a child who has a criminal parent.
Parents should closely monitor the kind of company of their children. They
should make sure that their children are engaged in productive social
activities. It will help in reducing the chances of children becoming
delinquents. Teachers should keep a close eye on pupils to ensure that they
are involved in good activities.
Pupils should be appropriately checked in school to
ensure that they should not carry any illegal objects. It
will also help in identifying delinquent children so that
they can be corrected in various ways.
Another way of preventing delinquency, through
reducing or eradicating racism from society because it
also affects badly. It always targets the delinquents in
minority groups. It will help in the reduction of several
juveniles in these minority groups who commit offenses.
It will also help to increase the self-esteem of teenagers
of these minority groups and thus offenses caused due to
low self-esteem will be limited in these minority groups.
Juvenile Justice and Rehabilitation
While the juveniles are held responsible for their violation of the law and are being
kept in juvenile homes or other similar correctional facilities for public safety, the
primary objective is to rehabilitate them.
The rehabilitative process includes:
• Psychological assessment of the crime committed by the juvenile
• The environment which caused it to happen
• Therapeutic guidance
• Skill development which involves them in yoga and other activities for the
development of the mind.
Financial constraints of the government are a barrier to the way rehabilitation. And
it also increases the involvement of social workers and non-profit organizations
which has been resulted in cost-effective multi-modal rehab programs for the
juveniles. Aftercare care organizations are another way for rehabs. These are special
homes where the child is kept before involvement in society. These organizations
are registered under the governmental nodal agency which functions for the welfare
of delinquent children.
Followings, are given to juveniles at aftercare
organizations:
1. Vocational training
2. Therapeutic training for improvement
3. Psychological behaviour
4. Continuing education
5. Consensus about social values
6. Economical ability to support themselves
7. Activities for physical and mental fitness.
After they leave the special homes and children's homes the
juveniles are to be taken into After Care Organization which is
transitional homes. Juveniles conflict with the law and need deep
care and protection. Aftercare organizations enable the juveniles
to move for honesty and industrious life. After-Care organizations
are set to achieve the principal aim of allowing juveniles to adapt
the society. Here, the juveniles are ensured to stay in mainstream
society from their past life in the institutional homes.
Aftercare organizations are temporary homes for a group of
youth. Here the youths are placed to learn a trade, and also to
contribute towards the functioning of the aftercare home. Any
voluntary institution or organization can be designated as an
after-care organization that strives to work for moulding the
juveniles to achieve self-reliance. It also led to acquiring social
and life skills for integrating them into the community.
In the aftercare program juveniles are also provided the facility for
access to social, legal, and medical services with appropriate financial
support. Regular educational and vocational training opportunities are
facilitated to the juveniles at the aftercare organization for teaching
them to become financially independent. And to generate their
income.
The Organization must ensure regular follow-up and support after the
juvenile is reintegrated into society. Members of various government
bodies also work together for the reintegration of the child or juvenile
into the mainstream society by enabling them psychologically and
economically powerful. Also supports them after integration with
society with constant monitoring over them.
Institutional and non-institutional measures both are taken for the
right care and development of juveniles and also to handle the
problems of children with adequacy. At last, it resorts to the welfare
of the juveniles, with the use of institutional measures.
