JUVENILE DELINQUENCY AND JUSTICE SYSTEM IN INDIA

Abstract
From the ancient time there was a belief that child is very frustrated to do anything. When we are
not properly maintain them it created a great ill effects. One of such effect is juvenile
delinquency. It is the and is social or criminal activity of the child which violate the law. It is a
gateway to the adult crime full stop this is one of the serious problem we have to discuss. Day by
day the crime rate that involve child increases rapidly. So we how to control it. There are many
causes to involvement of crime activity of child full stop it has theoretical cause and external
causes. So we must alert all time about the children. We must provide strong mechanism to
prevent the monster. In our India we strongly focus on the subject after the Nirbhaya case.
Before that there is a legislation for the juvenile protection. But the 2015 act make more progress
in the juvenile justice system. In the present scene we adopt reformative theory of punishment on
juveniles for making a good future of country .act focus mainly on the reformation rather than
the penalization for juvenile delinquency. There are some more preventive programs to resolve
the dispute.

Keywords:- Juveniles, Rights, Punishment, crime, reformation, juvenile delinquency

INTRODUCTION

From the ancient time of India children consider as an a precious gift from the god. They are the
future changer of the world. From the birth to adolescent period they are very energetic. They are
very enthusiastic to do new things . We can’t prevent there thinking. They are very frustrated to
do anything. But it’s too dangerous when it cross the border. We have to maintain them properly.
When we look about the progress of a country we also have to think about the behaviour of
children, their development, their enthusiasm etc… One of the negative side of development of
children is their over potential . By that it cause so many harm effects to children’s . One of such
effect is juvenile delinquency.

JUVENILE DELINQUENCY
Juvenile delinquency is a term commonly used in academic literature for referring to a young
person who has committed a criminal offence, although its precise definition can vary according
to the local jurisdiction. It is an anti-social and criminal behaviour committed by a person who is
under 18 years of age. It is a gateway to crime. Now a days it become a major problem of our
country. It’s ruin not only the victims life it’s affect the society as whole. By this monster it
create a great sad lake in whole over the country. It’s greatly affect the victims family as well as
that juvenile s families also. They have to face the torture of society. When we look about the
juveniles their psychological perspective changed very lot. The juvenile who commit serious
crimes challenge their future to protest perceived abuses that have been created against them.
This makes them psychological depression and in turn reflects to commit more crimes and they
go far away from the real world. So to prevent them from the ill effect we must have a good legal
system which uplift the future of country. When we look about the crime rate which involves
children it rapidly increase day by day. So only the good mechanism make them zero otherwise
it become the hero . Before an essential legal system we have to analyze what is the major cause
of juvenile delinquency. It is better to cut the root rather than maintenance. So by looking into
the causes we have to understand that where we have to start and where we have to weed.

CAUSES OF JUVENILE DELINQUENCY

No wrong is emerged without any root. Now we can look what are the causes of juvenile
delinquency. There exist theoretical causes and external causes for juvenile delinquency. We
can look it briefly
Theoretical causes
No single theoretical orientation can adequately explain the multiple variables and factors that
cause delinquent behavior There are different theories related to juvenile delinquency. The
major three theories related to it are the anomie theory, the subculture theory, and the
differential opportunity theory. This theories explain the unpredictable behave of children.
1. Anomie theory:_ It was propagated by Robert Merton in 1940. According to this theory the
juvenile delinquency occurs because the children’s are very wishers. They have nothing to
do make themselves happy. There main aim to achieve something better than the others.
Sometimes there want is unattainable so they a wrong path to achieve the goal and they fall
into wrong
2. Subculture theory
This theory was developed in 1955 by Albert Cohen . According to this theory the children’s
of underclass people they experience lot of failure when they try to achieve success. When
they compared to middle class people they feel that they are behind them. So it create a
frustration among them . They are not ready to compete with them then it create the children
to choose the path of wrong.
3. Differential Opportunity Theory
Differential opportunity theory, developed by Richard Cloward and Lloyd Ohlin in 1960,
believes that opportunity plays a role in juvenile delinquency. Cloward and Ohlin believe that if
juveniles were presented with more opportunities to succeed, they would be less likely to turn to
affiliation with subculture groups for validation .Additionally, differential opportunity theory
holds that there may be other circumstances besides social factors that contribute to a juvenile’s
delinquency. Differential opportunity theory differs from the subculture theory because there are
reasons other than social factors that can lead a juvenile to be delinquent. If the juvenile has more
opportunities, they will be more willing to succeed than to join a subculture.
External causes of juvenile delinquency

1. Violence atmosphere in home

One of the contributing factor juvenile delinquency is the violence in home. When the
children’s are happened to witness in home they are very frustrated and they feel loneliness.
When any other influence them they are easily fall into it. So it increases the chance of wrong
doing. The effect of violence in home make them a don’t care attitude about all and they are very
enthusiastic to do anything.
2. Neighborhood pressure
If the companion of children are bad they are easily affected by there pressure. There
mind control fall before there pressure. 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 about their friends’ parents. This not only instills confidence in your
child to do the right thing, but it can also help parents keep their children away from bad
influences.
3. Socio economic factors
In this group common causes is the children’s are lack of the essential things they want .
By this lacking effect they try to find them and choose all the available paths irrespective of
looking bad or good. The effective method to prevent this kind is to ensure that children’s are
available with the essential.
4. Lack of moral guidance from parents
In the present condition parents are forgot to speak to children. They are busy with work and
in social media. By this effect they lost the opportunity to get a guide . By the lack of moral they
can’t identify what is right or wrong and they easily steps into wrong The effective method to
overcome this is parents must find time to there children. They must give good guidance and
feed them with moral .
These are the some of the causes for the juvenile delinquency

JUVENILE JUSTICE ACT,2015

Juvenile justice act,2015 is the one of the legislation that protect the juvenile become a
serious offender. This legislation give right and their rehabilitation techniques. Before 2015
there is legislation for juveniles but it is not better as 2015 act. The law makers are more care
about the legislation after Nirbhaya case . The legislation make strong provision for the
juveniles. This act not only give right to juvenile it also give justice to victims . The 2000 act of
juvenile Justice act mainly focus on rehabilitation but in 2015 act More retributive than
reforming .The new law is considered retributive because it contains provisions for teenagers
who commit a heinous crime (punishable by 7 years or more) must be tried as adults but in the
juvenile court. The child found guilty of the heinous crime is sent to a safe place until the age of
21, after which he is transferred to prison. The children’s court ensures it. This means that the
benefit of a child is not granted to the minor when found guilty of committing a heinous crime.
Overview of juvenile Justice act
Juvenile justice act ,2015 is to codify the law related to children and to give positive assertion to
the child in conflict with law and provide care and security to children’s.
In the legislation it Mainly protect two types of children’s child in conflict with law and
child who need care and protection. Child in conflict are those minors who commit crime
Offences were classified as small/serious/ obnoxious. In the case of heinous crimes, children
between the ages of 16 and 18 can be tried as adults after a preliminary assessment by the
juvenile justice commission. During the investigation procedures they are send to observation
homes according to their age ,sex , physical condition and nature of offences if he convicted by
Juvenile justice board they are send to special home. If the child is between 16 to 18 who
commit heinous crimes they are safely placed and they are transferred to observation homes.
Within three months, the Juvenile Justice Council will make a preliminary assessment before
referring the case to the juvenile court. The law stipulates that the final order must include an
individual plan for the rehabilitation of the child, including a follow-up by the probation officer,
the District Child Protection Unit or a worker. When the child is considered an adult by the
juvenile court. Children in need of care and protection must be brought within 24 hours before
child protection committee. By there reference they are send to protection institution under the
direction of social worker. For care, treatment, education, training, development and
rehabilitation, a child in need of care and protection will be placed in a children’s home.
The major institutional care provide for the juvenile s are observation homes, special homes,
children’s home and shelter homes. The non institutional care are foster care, adoption,
sponsorship and after care organisations.The legislation mainly deals with the care , how they
will be maintained, what is next the after punishment etc. are discussing. The main aim is the
rehabilitation of children’s. The children’s are the future of tomorrow’s world. So they must take
good measures to keep them good to societies. There life not end with this so they are provided
with counselling , entertainment, education, job training for their upliftment . Mainly this
legislation focus on the reformation than penalization. By that it only give goods to both country
and the persons. Before giving the punishment the court has to think the circumstance, nature ,
gravity of offences. Then only they can succeed.

CONCLUSION
 Juvenile delinquency is one of the evil that we witness now a days. Children who are very
enthusiastic easily fall into the wrong. It is our responsibility to save them. for that our legal
system modified according to needs of our society. There are various causes for juvenile
delinquency. So we have to take some precautions to avoid this. Sometimes it become effective
and sometime not effective. In our legal system to have right to juvenile and to provide security
we have the juvenile justice act, which deals with the matters of child in conflict with law. In this
law it strongly recommend the rehabilitation rather than penalization then only our future can be
maintained.

REFERENCE
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4. https://sandratrappen.com/2018/12/30/theories-of-delinquency/