CRIME AND CHILD

Presented by: Topics:

Yashashree Bedekar -Introduction- Crime & Child

Harshal Virani -Crimes committed by children

Vimal Damor -Crimes committed against children: Child Abus

Bharat Gohil
-Child Trafficking
Mehul Gamit
-Child Labour
Monil Desai
Jijo Abraham -Laws for safegaurds
 Crime and Child
In ordinary language, the term crime denotes an unlawful act
punishable by a state.

“A violation of a law in which there is injury to the public or a

member of the public and a term in jail or prison, and/or a fine
as possible penalties. There is some sentiment for excluding
from the "crime" category crimes without victims, such as
consensual acts, or violations in which only the perpetrator is
hurt or involved such as personal use of illegal drugs.”
 Who is a Child?
• Defining what age a person is or ceases to be a child is a constant
debate in the India. The Census of India considers children to be any
person below the age of fourteen.

• According to Article 21 (a) of the Indian Constitution all children

between the ages of six to fourteen should be provided with free
and compulsory education.

• The Child Labour (Prohibition and Regulation) Act, 1986 defines a

child as a person who has not completed fourteen years of age.
The Factories Act,1948 and Plantation Labour Act 1951 states that a
child is one that has not completed fifteen years of age.

• The Juvenile Justice (Care and Protection of Children) Act, 2000 has
changed the definition of child to any person who has not completed
eighteen years of age (and it is still in process to reduce the age to
sixteen years)
• India with 1.21 billion people constitutes as the second most populous
country in the world, while children represents 39% of total population of
the country.

Age group of India’s Children

• The figures show that the larger number of about 29 percent constitutes
Children in the age between 0-5 years. The share of Children (0-6 years)
in the total population has showed a decline of 2.8 points in 2011,
compared to Census 2001. The children's population (0-18) is 472 million.
But not all children are in school
Crime against Children

Presented by:
Bharat Gohil, Mehul Gamit & Vimal Damor
Child Trafficking

Presented by:
Bharat Gohil
 Definitions

• “Child trafficking is about taking children out of their

protective environment and preying on their
vulnerability for the purpose of exploitation.”

• “Child trafficking is the recruitment, transportation,

transfer, harboring or receipt of children for the
purpose of exploitation. It is a violation of their rights,
their well-being and denies them the opportunity to
reach their full potential.”
 Children are trafficked for…
• 1) Forced labour (Child labour)
• 2) Sexual exploitation (Child abuse)
• 3) Children in armed forces (criminal
activities like: terrorism….brain
washed)
• 4) Children in drug trades
• 5) Child begging
 Case study
• In the village of Kunuri, Deepti Minch, 19, describes her
experience of being trafficked into domestic servitude in
northern India’s Punjab state. A village agent had visited her
family and promised her mother 5,000 rupees ($79) a month if
she sent Deepti to work in Delhi. Once she reached the capital
she was sold off to a family.
• “It was only after a few years I realized I had been sold,” she
recalls. “I was extremely hurt and was in tears. My life was
tough. I worked from six in the morning until midnight. I had to
cook meals, clean the house, take care of the children and
massage the legs of my employers before going to bed. If I
didn’t do my job well, they used to scold me.”
• Deepti eventually managed to run away and make her way back
to her family – yet thousands of other children remain
unaccounted for…
Some reasons on child trafficking in India

• Economic Deprivation ( e.g. Poverty )

• Lack of employment opportunities
• Low social status
• Low level s of education and general
awareness
• Socio- cultural norms
• Political uprising ( Child soldiers )
• Traditional religious and cultural practices
Presented by:
Vimal Damor
Child Labour

Presented by:
Mehul Gamit
 What is child labour?
• Child Labour is conventionally defined as a
working child between age of 5 to 14 years
who are doing labour or engaged in
economical activity either paid or unpaid or
underpaid .
• According to International labour
Organization (ILO), the term ‘child labour’ is
often defined as work that deprives children of
their childhood, their potential and their
dignity, and that is harmful to physical and
mental development.
UNICEF has categorized child work into three
categories:

• 1. Within the family- Children are engaged in

domestic household tasks without pay.

• 2. Within the family but outside the home-

Example- agricultural labourers, domestic maids,
migrant labourers etc.

• 3. Outside the family- Example- commercial shops

in restaurants and jobs, prostitution etc.
• The Child Labour (Prohibition and Regulation)
Act, 1986 defines a child as any person who has not
completed his fourteenth year of age.
- Part II of the act prohibits children from working in
any occupation listed in Part A of the Schedule, which
include among others, domestic work, dhabas &
hotels, catering at railway establishments,
construction work on the railway or anywhere near
the tracks, plastics factories and automobile garages.
- The act also prohibits children from working in places
where certain processes are being undertaken, as
listed in Part B of the Schedule, which include among
others, beedi making, tanning, soap manufacture,
brick kilns and roof tiles units. These provisions do
not apply to a workshop where the occupier is
working with the help of his family or in a
government recognised or aided school.
 Reasons for the Child Labour
• There are many reasons for the Child Labour problem in India few of the main
reasons are highlighted below

• (1)Child labours are always better than adult workers because they work for
longer time and most of the time underpaid so they are source of cheaper
Labour.

• (2) Education is not very wide spread with all the sections and all the parts of
the country so education is one of the biggest problem which helps in
fostering the growth of the child labours in India and we have also seen that
failure of various educational scheme also added to the increase in the
number of child labour

• (3) Unemployment and Underemployment of the parents and major members

of the family.

• (4) Use of drugs and alcohols by the parents and the guardian of the child also
helps in the increase of the child labour.
• (5) Homelessness

• (6) Wide spread poverty in the country.

• (7) Other problems due to single parenthood,

population explosion, traditional occupations and
parental attitudes, lack of minimum wages etc

• Accident of working members of family, illness,

single parenthood, nonworking of parents,
drinking habits etc in these entire cases child
voluntary enters to work to protect his family
from starvation.
 10 alarming statistics on child labour in India

• New Delhi: The government last month amended

child labour laws allowing children below 14 to work
in family businesses and the entertainment industry
(excluding circuses) to create “a balance between
the need for education for a child and reality of the
socio-economic condition and social fabric in the
country.” The amendment also introduced a new
definition of “adolescents”—children between 14
and 18 years of age—and barred them from working
in any hazardous industry.
• On the World Day Against Child Labour, Mint looks
at 10 hard-hitting statistics on the issue of child
labour in India.
• 1) One in every 11 children in India is working.

• 2) Child labour has been decreasing at an abysmal rate of 2.2%

per year from 2001 to 2011, as per an analysis of census data
by non-governmental organization CRY (Child Rights and You).

• 3) 80% of working children are based in rural areas and three

out of four of these children work in agriculture, as cultivators
or in household industries, most of which are home-based
employments.

• 4) More than half of the 5.5 million working children in India are
concentrated in five states—Bihar, Uttar Pradesh, Rajasthan,
Madhya Pradesh and Maharashtra.

• 5) Adolescents doing hazardous work form 20.7% of those

employed in this age group, while almost 25% of adults work in
hazardous conditions
• 6) Adolescents between 15 and 17 years of age doing hazardous
work form 62.8% of the overall child labour population.

• 7) Nearly 10% of adolescents working in hazardous conditions

are working in family enterprises.

• 8) 56% of the working adolescents are no longer studying. And

70% of those in hazardous conditions are not studying.

• 9) More boys (38.7 million) than girls (8.8 million) are involved in
hazardous work.

• 10) While the incidence of hazardous work among adolescents is

highest in Nicaragua, the number of adolescents in hazardous
work is greatest in India (2.4 million).

Source: 
(International Labour Organization’s World Report on Child Labour
2015 and CRY recent analysis of the Census 2011)
Crime committed by Children

Presented by:
Harshal Virani
 Introduction
• The term 'children in conflict with the law' refers any
person below the age of 18 who has come in contact
with the justice system as a result of committing a
crime or being suspected of committing a crime
• children in conflict with the law have committed petty
crimes such as vagrancy, truancy, begging or alcohol
use. Some have committed more serious offenses.
• Some children are coerced into crime by adults who
use them as they know they cannot be tried as adults.
• Often prejudice, stereotyping and discrimination
brings children into conflict with law without a crime
being committed
 Vital Statistics
• More than 1 million children worldwide are
detained by law officials
• In 2002, 136,000 children in the Central and
Eastern Europe and the Commonwealth of
Independent States were found guilty of
criminal offenses, compared to 117,000 in
1990. Russia accounted for 65% of these
cases.
• In India the number of cases of juvenile
delinquents has increased from 17,203 in 1994
to 30,943 in 2004.
• The crimes committed by juveniles
have also seen an increase in the
same period from 8,561 to 19,229.
Some of the increase can be attributed
to the definition of juveniles being
changed to include ages 16-18, but
none the less more and more children
are coming into conflict with law in the
16-18 age group.
• EXTRA SHOTS….
• The very fact that Odeipus and Electra
Killed their parents is an example of
crimes undertaken by children…
 Case Studies….
Case: 1
Erin Caffey Kills Entire Family
• She wanted to go out with her boyfriend James
Wilkinson,
• Parents stood in her way.
• So she took some initiative and planned the murders
of her family.
• In March 2008, Erin Caffey’s boyfriend and his buddy,
Waid, attacked the family house in the early hours of
the morning.
• Set fire to the house. All those involved were charged
with murder and all signed plea deals or plead guilty,
receiving extended prison sentences.
• A 14-year-old boy, Joshua Smith, shot his mother to death as
she slept on the couch. Growing up in Detroit, Joshua tried to
hang with local thugs and get “street cred.” His mother was
Tamiko Robinson, a hardworking woman who wanted him to
persevere and succeed. She was sick of him coming back at
all hours of the night and therefore put a reasonable curfew
on him: he had to be home by 11:00 PM, he was not allowed
to hang out with the gang kids any more, and he was
prohibited from bringing girls home. At this, Joshua rebelled
and ran away. He later came back and sulked in his room as
teenagers are wont to do. What was not expected was him
coming down at about 3:00 AM with a shotgun and shooting
his mother several times while she slept. He tried to escape
in a car and was eventually caught by the police.
 Case: 2
14-year-old, Shot his mother
• A 14-year-old boy, Joshua Smith, shot his mother to death as
she slept on the couch. Growing up in Detroit, Joshua tried to
hang with local thugs and get “street cred.” His mother was
Tamiko Robinson, a hardworking woman who wanted him to
persevere and succeed. She was sick of him coming back at
all hours of the night and therefore put a reasonable curfew
on him: he had to be home by 11:00 PM, he was not allowed
to hang out with the gang kids any more, and he was
prohibited from bringing girls home. At this, Joshua rebelled
and ran away. He later came back and sulked in his room as
teenagers are wont to do. What was not expected was him
coming down at about 3:00 AM with a shotgun and shooting
his mother several times while she slept. He tried to escape
in a car and was eventually caught by the police.
 Case: 3
15-Year-Old Kills Adopted Siblings
We’ve heard of sibling rivalries but this is just ridiculous.
Adopting four children was probably thought of as a good thing
at the time, but the mother of six probably never imagined that
her only biological son would put an end to two of them. The 15-
year-old boy was the oldest and an honor student at his school
and so was trusted to take care of his siblings with minimal
mishaps. Unfortunately, the boy brutally stabbed his siblings to
death one evening and left the house. Returning home, the
mother came upon the corpse of her four-year-old son and called
the police to report that two other children—the 15-year-old and
10-year-old—were missing. The 10-year-old was later found dead
in the basement of the house, and the police caught up with the
suspected son in a nearby town later that night. He was arrested
on suspicion of homicide and was sent to a juvenile holding
center.
 Case: 4
Daily Chores
• Alfo Munoz had given his girlfriend’s son a .22-
caliber gun and trained him to use it in cases of
emergency. He probably never assumed the 12-
year-old boy would be causing an emergency of
his own. His mother Sara Madrid, had been
arguing with her son over chores and then left the
house. Her son was enraged because his mother
had the audacity to ask him to do a few chores
(silly mother). The minute she came back, her son
blew her away and handed the empty gun to his
stepfather. The boy was later found guilty
 Case: 5
Kills Father Because Of Playstation

In Saudi Arabia (the land of freedom and equality of

all), a four-year-old shot his father for not fulfilling
the desire of every four-year-old worldwide: a
PlayStation 3. In this utopian country, the boy had
asked his father to get a PS3 for him, but his father
returned home without the toy. The child, after
stewing in disappointment like every preschooler for
a total of one minute, decided to jump right into
misery and, while his father was undressing, picked
up Pa’s gun and shot him from behind.
 Case: 6
Edlington Attempted Murders
Two brothers, aged 10 and 11, attacked two other
children (around the same ages) in Edlington. The
two victims were on a playground when the
brothers (who were new to the area) lured them
away. They were then punched and kicked several
times, assaulted with bricks, sticks, and glass, and
burned with cigarettes. One of the two victims was
also sexually assaulted. When the two boys were
found, they were initially assumed dead because of
the severity of their injuries. The two brothers were
arrested and they were quoted as saying they had
stopped the assault only because their arms hurt.
 Case: 7
Nehemiah Griego Kills Family In
Albuquerque
Fifteen-year-old Nehemiah Griego shot his family in Albuquerque
in January 2013. Griego loved guns and apparently also loved to
dress up in military fatigues and walk around the house. He was
homeschooled by his parents along with his siblings. On that
Saturday, by his own account, his mother had annoyed him. In
response, he picked up a gun and shot her in the head. He went
down and showed the corpse to his brother, who began to cry.
Nehemiah then shot his brother as well, picked up an AR-15 rifle,
and shot his two sisters. When his father returned home, he got a
dose of lead as well. Nehemiah went to church later on and told
the staff there that his family had been killed. Nehemiah was
arrested and charged with two counts of murder and three counts
of child abuse leading to death, though we’re reasonably sure a
bullet in the head goes under “murder” and not “child abuse.”
Child and Risk Factors

Presented by:
Dhiren Bhamariya
 Definition
• Risk factors are any circumstances
that may increase children’s
likelihood of engaging in risky
behaviors.
• For example, poverty is a factor in
criminal behavior. However many
poor people do not engage in crime.
• It therefore does not mean that if you
are poor you can commit crimes but
chances of you committing crimes
are high.
 Categories of risk behaviors
• Risk factors are organized into 5
main categories:
• Individual
• Family
• School
• Peer group
• community
 Cont’d
• Individual risk factors.
• Antisocial behavior and alienation/ general
delinquency involvement, drug dealing
• Gun possession/illegal gun ownership or carrying
• Favorable attitudes towards drug use, early use of
alcohol/ drug use
• Early onset of aggression/ violence
• Victimization and exposure to violence {value
judgment is distorted}
• Early sexual involvement
 Family risk factors
 Family history of problem
behavior/parent criminality
 Family management problems/poor
parent supervision and or monitoring
 Poor family attachment/bonding
 Child victimization and maltreatment
 Pattern of high family conflict
 Family violence
 School Risk Factors
• Low academic achievement
• Negative attitude toward school/low bonding/low
school attachment/ low commitment to school.
• Truancy/frequent absences
• Suspension
• Dropping out of school.
• Inadequate school climate/poorly organized and
functioning schools/negative labeling by teachers
• Identified as learning disabled
 Peer Risk factors
• Gang involvement/gang membership
• Association with delinquent/
aggressive peers
• Peer rejection
 Community Risk factors
• Availability /use of alcohol, tobacco and other
drugs in neighborhood
• Availability of firearms
• High crime neighborhood
• Community instability
• Low community attachment
• Economic deprivation/poverty/residence in a
disadvantaged neighborhood
• Neighborhood youth in trouble
• Feeling unsafe in the neighborhood
• Social and physical disorder/disorganized
neighborhood
LAWS for SAFEGUARDS

Presented by:
Monil Desai
 The India Penal Code and Child
related offenses
• sections 82 and 83 – a child who commits a crime
and is below the age of seven is not considered to
have committed a crime.
• Section 315 and 316 discusses the offence of
foeticide and infanticide.
• Section 305 states that it is a crime for any person to
abet the suicide of a child.
• Section 317 states that is it a crime against children,
if their mother or father expose or leave a child in a
place with the intention of abandonment.
• Section 360 to 369 discusses kidnapping and
abduction
• Section 372 discusses the selling of a child (below
the age of eighteen) for the purpose of
prostitution or to illicit intercourse with any
person, or knowing that it is likely that the child is
being sold for such a purpose. 
• Section 376 discusses the offence of rape.
 Immoral Traffic Prevention Act,
1986
• Trafficking in relation to prostitution and not in
relation to other purposes of trafficking such as
domestic work, child labour, organ harvesting,
etc.
 Punishments
• If a person procures, induces or takes a child
for the purpose of prostitution then the prison
sentence is a minimum of seven years, a term
which may extend to ten year or life and also a
maximum fine of one lakh rupees
• To ensure that the people in the chain of
trafficking are also held responsible the act has
a provision that states that any person involved
in the recruiting, transporting, transferring,
harbouring, or receiving of persons for the
purpose of prostitution if guilty of trafficking.
 Punishments
• In addition any person attempting to commit
trafficking or found in the brothel or visiting the
brothel is punishable under this law.
 Juvenile Justice Act

• 2 target groups: Children in need of care and

protection and Juveniles in conflict with law.
• For the rehabilitation of JCLs the state must set up
Observation Homes and Special Homes in ever
district or group of districts
• Observation homes are for institutions for juveniles
while their proceedings are underway. After the
proceedings of a particular case are complete, the
JJB may decide that the rehabilitation of the child is
not complete and hence place them in a Special
home for no longer than three years.
  
Prohibition of Child Marriage Act, 2006

•  According to the act a child is a male who has

not completed twenty one years of age and a
female who has not completed eighteen years of
age.
 punishments

• Punishment for male adult: If an adult male

who is above 18 years of age contracts child
marriage, he shall be punishable with rigorous
imprisonment for 2 years or with fine which
may extend to one lakh rupees or both
• If a person performs, conducts, directs or
abets any child marriage, he shall be
punishable with rigorous imprisonment for 2
years or with fine which may extend to one
lakh rupees or both
 The Protection of Children
from Sexual Offences Act,
2012
• To strengthen the legal provisions for the
protection of children from sexual abuse and
exploitation.
• The Protection of Children from Sexual Offences
Act, 2012 defines a child as any person below the
age of 18 years and provides protection to all
children under the age of 18 years from the
offences of sexual assault, sexual harassment
and pornography.
 Punishments
• Penetrative Sexual Assault - Not less than seven years
which may extend to imprisonment for life, and fine.
• Aggravated Penetrative Sexual Assault - Not less than ten
years which may extend to imprisonment for life, and
fine.
• Sexual Assault - Not less than three years which may
extend to five years, and fine.
• Aggravated Sexual Assault - Not less than five years
which may extend to seven years, and fine.
• Sexual Harassment of the Child - Three years and fine.
• Use of Child for Pornographic Purposes - Five years and
fine and in the event of subsequent conviction, seven
years and fine.
Presented by:
Jijo Abraham