Juvenile Delinquency and Justice System in India

Our children are a valuable resource, and we should make every effort to give them fair development possibilities so they can grow up to be strong citizens who possess the knowledge and motivations required by society.

The biggest cause of social concern now nationwide is delinquency. In the sense that it permeates every human population. Perhaps no culture has a pause button when it comes to bad behaviour or criminal activity by individuals, especially among youngsters who are younger. Because of the nature of human behaviour, it can be difficult to maintain standards of conduct or activities that are in line with societal conventions, rules, codes of conduct, values, etc.

Meaning of Juvenile Delinquency

Criminal activity, chronic antisocial behaviour, or disobedience that the child's parents are unable to control characterise a juvenile child's behaviour. Its root terms are the Latin words iuevnilis and iuvenis, which mean "young person" and "of or through pertaining to youth," respectively. Delinquency is a word that has its roots in the Latin word "delinquent," which means "a wrong or crime."  Juvenile delinquency is the commission of a crime by a person who is under the age of 18. Juvenile delinquency is a social evil and a behaviour that youngsters and adolescents should not engage in. Youth it is kept at orthodontic offices and juvenile jails.

 

Reasons for Juvenile Crimes

 

Nobody is born to be a criminal. He is as a result of circumstances. A significant role in determining one's life and overall identity is played by one's socio-social environment, both inside and outside of the house. Poverty, drug abuse, antisocial peer groups, easy access to firearms, abusive parents, single-parent children, nuclear families, family violence, child sexual abuse, and the media's influence are the most frequent causes associated with juvenile crimes. In India, poverty and the influence of media, especially social media, are the main factors contributing to youths' increased propensity for criminal activity. One of the main reasons why young people become involved in criminal activity is poverty. Furthermore, social networking is a myth nowadays, and it is imprinting young people's characters more negatively than positively. There are further elements as well, which call for later scrutiny and investigation of greater significance.

 

The rise in juvenile delinquency has been attributed to a variety of factors, but everyone agrees that deviant behaviour is the result of a complex interaction between individual biological and genetic factors and environmental factors, which fall into the following categories:

 

  • Individual Factors
  • Family Factors
  • Substance Factors
  • Sudden Urbanization
  • Economic Problems
  • Effect of Social Media
  • Violence in their Social Circles
  • Mental Instability
  • Lack of Moral Guidance

 

Juvenile Justice in India

 

According to data on juvenile delinquency in India, the issue is not as severe as it is in the west. This could be attributed to differences in living circumstances, such as stronger family ties and parental supervision, strong religious convictions, and adequate observance of moral principles in Indian society. This is not meant to imply that India has a small rate of adolescent delinquency. The influence of western civilisation and the lure of luxuries and an ostentatious lifestyle have deeply troubled the youth of modern India. As a result, the number of adolescent offences has significantly increased. India, like other nations, strives to address the issue of juvenile delinquency based on three key tenets:-

 

1. Young criminals should not be tried; rather, they should be disciplined;

2. They ought to be changed, not punished;

3. Using community-based social control agencies like the Juvenile Justice Board,

 

Observation Homes, Special Homes, and others to keep delinquents—that is, children who are in trouble with the law-out of the reach of the courts and to emphasize that they receive non-penal treatment. A more precise and concise definition of juvenile delinquency can be found in Indian law. It says that the Juvenile Justice Board can't have jurisdiction over anything that a child under the age of 18 does that goes against the country's existing penal laws.

 

Conclusion

 

All civilizations around the world have struggled with issues connected to juvenile delinquency, but the issues are particularly severe in emerging nations. The development process has left behind a socio-cultural upheaval that has an impact on the long-standing traditional ways of life in the cosy rural environment. Conditions are changing, which has a negative impact on juveniles. The conventional social control structure, which acted as a deterrent to any bad behaviour, is also steadily disintegrating. As a result, the issue of juvenile deviance and antisocial tendencies is becoming more evident and needs to be addressed.

 

Each type of crime requires a different set of guidelines. For example, those found guilty of theft, smuggling, or any other low-level crime should be sent to a rehabilitation centre for grooming, whereas significant attacks like savage rape require a different approach. Because of the severity of the crime, an exemption could be granted so that those who do it face the same punishment as adults.

Shiv Vijay Dubey

Assistant Professor

School of Law

                                                                                                                                                                                                                                              OPJS University, Churu, Rajasthan

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