Juvenile Delinquents and

Their Treatment — A Case Study

T. R. SUBRAMANYA*

Juvenile delinquency has been the subject of extensive dis-

cussion for the last three decades. Since 1950 we have witnessed
a growing concern on the part of the public in this regard and
this is reflected in the publication of more research literature on
the subject. Juvenile delinquents have been looked upon dif-
ferently by people. "To most parents, juvenile delinquents are
other people's children who behave objectionably. To lawyers,
they are minors who are accused of offences from which they
are immune to the punishments that are usually administered to
adults. To psychologists, they are youngsters whose social be-
haviour patterns show deviations from acceptable norms. To
judges, they are simply neglected children who have been brought
into the world by parents who have turned their backs on their
offspring and left them to shift for themselves."' This attitude
of the society has hampered progress of research into the causes
of juvenile delinquency.
To-day it is indeed a social problem. Economic insecurity,
under nourishment, inadequate clothing and lack of necessary
medical care etc. may lead to delinquency. It is the duty of a
State to give protection to these delinquents and make them
good citizens of tomorrow. A welfare State like India has to be
more cautious in this respect when 92 million of its children are

M.A., LL.M., Lecturer, Post-Graduate Department of Law, Kar-

natak University, Dharwad, Dharwad-580001.
1. W. G. Daniel, "Juvenile Delinquency" in Roucek (Ed.), Sociology
of Crime, (London, Owen, 1962), p. 35.
314 COCHIN UNIVERSITY LAW REVIEW

below the poverty line.2 The Government of India has been

doing its best to contain the problem of juvenile delinquency.
The developments in criminology have had their effects in our
legislative efforts as well. An attempt is made in this article to
examine the juvenile legislation in action. In so doing, the pre-
sent writer has concentrated his attention on one side of the
problem of delinquency, that is, the administration of law relating
to delinquents and neglected children in Certified Schools and
Remand Homes. The study is based on the field work conducted
in Hubli-Dharwad area of the Dharwad district of Karnataka
State.
International efforts to prevent delinquency may be
traced to the year 1924. It was in that year the 'Geneva Decla-
ration of the Rights of the Child' was adopted by the League of
Nations. Some of the provisions 3 of the Declaration accord
protection to the child. Under the auspices of the United Na-
tions, the 'Declaration of Human Rights' was adopted in 1948 4
followed by the General Assembly Declaration on the Rights of
the Child in 1959. This latter Declaration is based on the premise
that mankind owes the best to the child. The provisions of this
declaration elaborately deal with the rights of the child. 5 The draft

As cited in (1979-80) 3 Law and Social Problems, 110.

Principle IV states, "The child that is hungry must be fed, the child
that is sick must be nursed; the child that is physically or mentally
handicapped must be helped; the mal-adjusted child must be re-
educated; the orphan and the waif must be sheltered and succoured."
Similarly, Principle VI states, "The child must enjoy the full benefits
provided by social welfare and social security schemes, the child
must receive a training which will enable it, at the right time, to
earn a livelihood, and must be protected against every form of
exploitation."
The 1948 Declaration has not specifically mentioned children.
Principle 2 of the Declaration, "The child shall enjoy special pro-
tection, and shall be given opportunities and facilities, by law and
other means, to enable him to develop physically, mentally, morally,
spiritually in a healthy and normal manner and in conditions of
freedom and dignity. In the enactment of laws for this purpose, the
best interests of the child shall be the paramount considerations."
Principle 5, "The child who is physically, mentally or socially handi-
(f. n. contd.)
 T. R. SUBRAMANYA 315

of an International Convention on the Rights of the Child 6

being currently circulated at the initiative of Poland. If a con-
vention ever emerges, children may be given legally protected
rights in international law and state signatories would be bound
by it.?
In India, the first legislation concerning children was en-
acted in 1850 when the Apprentices Act was passed. The Act
provided that the father or the guardian could bind a child bet-
ween the ages of 10 and 18 years and in special cases upto the
age of 21 years. Magistrates were authorised to act as guardians
in respect of a destitute child or any child convicted of vagrancy
or the commission of a petty offence and could bind him as an
apprentice to learn a trade, craft or employment. 8 This was

capped shall be given the special treatment of education and care

required by his particular condition."
Principle 6, " society and the public authorities shall have the
duty to extend particular care to children without a family and to
those without adequate means of support. Payment of, State and
other assistance towards the maintenance of children of large families
is desirable." -
Principle 7, "The child is entitled to receive education, which shall
be free and compulsory, at least in the eleinentary stages. ...."
Principle 8, "The child shall in all circumstances be among the first
to receive protection and relief."
Principle 9, "The child shall be protected against all forms of neglect,
cruelty and exploitation. He shall not be the subject of traffic in
any form."
"The child shall not be admitted to employment before appropriate
minimum age; he shall in no case be caused or permitted to engage
in any occupation or employment which would prejudice his health
or education or interfere with his physical, mental or moral deve-
lopment."
An European Conference on the Legal Protection of the Rights of
the Child was held in Warsaw on January 16-19, 1979, organised by
the International Commission of , Jurists, the International Associa-
tion of Democratic Lawyers and the Polish Association of Jurists.
For more information, See Rev, IM. Comm. Jur. 63-64 (1979).
M. D. A. Freeman, "Rights of Children in the International Year
of the Child", (1980) 33 C.L.P. 13.
Ahmad Siddique, Criminology, (1977), p. 129.
316 COCHIN UNIVERSITY LAW REVIEW

followed by the Reformatory Schools Act in 1897—a land mark

legislation in the field of treatment of juvenile delinquents. This
Act provided that young offenders upto 15 years of age found
guilty of offences punishable with imprisonment or transporta-
tion were not to be sent to ordinary prisons but to reformative
schools. The Act is in force in areas (states) where no Children
Acts have been enacted. The Criminal Procedure Code, 1973
also contains some provisions which accord protection to child.
For example, Section 27 of the Code reads:—
"Any offence not punishable with death or imprisonment
for life, committed by any person who at the date when he
appears or is brought before the court is under the age of
sixteen years, may be tried by the court of a Chief Judicial
Magistrate, or by any court specially empowered under the
Children Act 1960 or any other law for the time being in
force providing for the treatment, training and rehabilita-
tion of youthful offenders."

Likewise, Section 361 of the Code of Criminal Procedure

1973 states, "where in any case the court could have dealt with,—
an accused person under Section 360 9 or under the provi-
sions of the Probation of Offenders Act 1958, or
a youthful offender under the Children Act 1960 or any
other law for the time being in force for the treatment,
training or rehabilitation of youthful offenders,

but has not done so, it shall record in its judgment the special
reason for not having done so.

Most of the Indian States, in the preconstitution period

itself, passed legislation for establishing juvenile courts and other
institutions. The first Children Act was passed by the Madras
State as early as in 1920 followed by Bengal and Bombay in
1922 and 1924 respectively.

9. Section 360, Cr. P.C. deals with an order to release an offender on

probation of good conduct or after admonition in certain circum-
stances.
 T. R. SUBRAMANYA 317

The Constitution of India under Article 39(f) assures that

the childhood and youth are protected against exploitation and
against moral and material abandonment. Similarly, Article 45
speaks for free and compulsory education for all children until
they complete the age of 14 years. Thus the State has the duty
of according proper care and protection to children at all times,
as it is on their physical and mental well being that the future
of the nation depends.
Under the United Nations Technical Assistance Programme,
Dr. W. C. Reckless, an eminent criminologist visited India in
1952 at the invitation of the Government of India and surveyed
the entire field of correctional administration and gave a valuable
report. Dr. Reckless has stated in his report that "there is good
evidence to show that probation supervision, as an alternative
to jail sentence, is the best, most satisfactory and the most eco-
nomical way of handling the juvenile and adult offender." 10 Thr
Report of Dr. Reckless practically influenced the government to
pass the Children Act 1960, for Delhi and other Union Terri-
tories. This Act being a central legislation, most of the Indian
States passed State Children Acts with certain modifications.
The Government of India, in 1974, adopted a National
Policy for children. Some of the policy measures I I include safe-
guards to protect and to rehabilitate delinquent and neglected

Jyotsana H. Shah, Probation Services in India, (1973), p. 12.

National policy for children proclaimed by the Government of India
Department of Social Welfare, New Delhi, the 22nd August 1974.
The policy measures include, (a) to provide free and compulsory
education for all children, (b) children who are socially handi-
capped, who have become delinquent or have been forced to take
to begging or are otherwise in distress shall be provided facilities
for education, training and rehabilitation and will be helped to
become useful citizens, (c) children shall be protected against neg-
lect, cruelty and exploitation, (d) facilities shall be provided for
special treatment, education, rehabilitation and care of children who
are physically handicapped, emotionally disturbed or mentally re-
tarded, (e) in organising services for children, efforts would be
directed to strengthen family ties so that full potentialities of growth
of children are realised within the normal family, neighbourhood
and community environment. see 3. IV, 3. VIII, 3. IX, 3. XI, 3. XV.
318 COCHIN UNIVERSITY LAW REVIEW

children. Moreover, the National Policy for children clearly

stated that voluntary organisations engaged in the field of child
welfare will continue to have the opportunity to develop, either
on their own or with State assistance, in the field of education,
health recreation and social welfare services.
The Government of Karnataka, inspired by the Children
Act 1960, passed the Mysore Children Act 1964 and Mysore
Children Rules 1966. The Mysore Children Act 1964, has
elaborate provisions to rehabilitate delinquent and neglected
children. Basically the Act is intended to provide for the care,
protection, maintenance, welfare, training, education and reha-
bilitation of children and juvenile offenders. Under the Act, child
means a boy, who has not attained the age of sixteen years or
a girl who has not attained the age of eighteen years. 12 The Act
defines juvenile offender 13 and neglected child. 14 Chapter-II of
the Act deals with the powers and functions of juvenile courts.
A juvenile court 15 shall be presided over by a Magistrate or a
Bench consisting of two or more Magistrates and one of them
shall as far as practicable be a woman. Only Magistrates of first
class are entitled to be the judges of juvenile courts and they
should have special knowledge of child delinquency and child

12. Sec. 2 (f) of the Mysore Children Act 1964.

13. Sec. 2(n). It means any child, who has been found to have committed
an o:Tence.
14. Sec. 2(o). "Neglected child" means a child who,
is found begging; or
is found without having any home or settled place of abode or
any ostensible means of subsistence or is found destitute,
whether he is an orphan or not; or
has a parent or guardian who is unable or unfit to exercise
proper care and control over the child; or
lives in a brothel or with a prostitute or frequently goes to
any place used for the purpose of prostitution, or is found to
associate with any prostitute or any other person who leads an
immoral, drunken or depraved life; or
v. is otherwise likely to fall into bad association or to be exposed
to immoral, dangerous or to enter upon a life of crime.
15. Sec. 7 of the Mysore Children Act 1964.
 T. R. SUBRAMANYA 319

welfare. No legal practitioner is allowed to appear before the

juvenile court in any case, except in public interest." Moreover,
if a child brought before the juvenile court is found to be suffer-
ing from a disease requiring prolonged medical treatment, the
court may send the child to a remand home or any other
approved place necessary for the required treatment.' 7 The
juvenile court before passing" the order shall have regard to (a)
the character, religious persuation and age of the child, (b) the
circumstances in which the child is living, (c) the reports made
by the probation officer etc. Newspapers and magazines are not
allowed to publish articles, photos, or any other particulars
including the proceedings of the court except in the interest of
child welfare but with the permission of the court. 19

Chapter-HI of the Act empowers the State Government to

establish and maintain Certified Schools and Remand Homes for
the reception of neglected children and juvenile offenders. The
Certified Schools shall, not only provide accommodation and
maintenance to juvenile offenders and neglected children, but also
provide facilities for education and give them the necessary
training for their reformation and character building. 20 For the
purpose of controlling and managing the certified school, a
superintendent and a committee of visitors shall be appointed by
the State Government. 21 The juvenile court shall consult the
superintendent of the certified school before any child is com-
mitted to such school. 22 The State Government may appoint
probation officers and such other officers as may be necessary
for the purposes of this Act. The Probation Officer is an officer
of the court, and shall be under the supervision and guidance
of the juvenile court."

Id., Sec. 14.

Id., Sec. 20.
Id., Sec. 21.
Id., Sec. 23.
Id., Sec. 25.
Id., Sec. 28.
Id., Sec. 29.
Id., Sec. 36.
320 COCHIN UNIVERSITY LAW REVIEW

For the care and protection of the neglected children, the

Children Act contains special provisions. If any police officer
or any other authorised person appointed by the State Govern-
ment, is of the opinion that a person is apparently a neglected
child, such police officer or other person may take charge of
that child 24 and produce before the competent court within 24
hours. 25 The juvenile court after holding enquiry may pass an
order directing the child to be committed to a certified school or
to the care of a fit person named by the court. 26 Parent or guar-
dian who is not able to exercise proper care and control over
his child may complain to the court, and the court if satisfied
on enquiry, may commit the child to a certified school or a fit
person or institution.27
A child produced before the court, charged with bailable
or non-bailable offence, be released on bail with or without
sureties. Section 57, however, stipulates that the court shall not
release him, if the release is likely to bring him into association
with any ill-reputed criminal or expose him to moral danger or
his release would defeat the ends of justice. Such a child may
be committed to a Remand Home. The Officer in charge of the
Police Station, should inform the parent or guardian of the
child to be present before the juvenile court where the child is
produced. Likewise, the police officer should also inform the
probation officer, and the officer in charge of the Remand Home,
of the arrest of the child. This requirement enables the probation
officer to obtain information regarding the antecedents and
family history of the child and other material circumstances
likely to assist the competent court in making the inquiry.28 The
court, after the inquiry, may (a) allow the child to go home
after advice or admonition; (b) direct the child to be released
on probation of good conduct by executing a bond with or with-

Id., Sec. 38.

Id., Sec. 38(3).
Id., Sec. 40(2).
Id., Sec. 43(2).
Id., Sec. 58:
 T. R. SUBRAMANYA 321

out sureties under the care of his parent or guardian or other

fit person; (c) make an order directing the child to be sent to
a certified school or fit person or institution.29

Significantly, Section 62 declares that under no circum-

stances the juvenile offender shall be sentenced to death or im-
prisoned or committed to prison in default of payment of fine
or in default of furnishing security.

In the State of Karnataka, the Certified Schools, Remand

Homes, State Home for Women, the After-Care Institutions
etc. function under the Ministry of Women and Child Welfare.
For the purpose of administrative convenience eight Assistant
Directors are appointed by the government for the whole of
Karnataka State to look after the work relating to welfare of
women & children. Each of them is in charge of two or three
districts. The Assistant Director of Dharwad is in charge of two
districts. The certified school at Hubli is under his control. The
results of investigation of this certified school are discussed
below.

CERTIFIED SCHOOL AT HUBLI

A Certified School established by the Government is func-

tioning at Hubli. It admits neglected children and juvenile
offenders found in any part of Karnataka State. Its present capa-
city is 600. Till 1981 the school used to accommodate nearly
250 males and 350 females. But then, in the beginning of 1982
admission for males was closed. Since then the school has only
female children. Neglected children and delinquents may be
admitted at any time by an order of the court. The statistics
maintained by the school gives us the following picture:

The writer prepared a questionnaire and interrogated 100

students of the certified school. Most of the children are orphans
found either at railway stations or near theatres or found
near police stations. Some of them do have parents but they
have failed to exercise proper care on them. Some others are

29. Id., Sec. 60.

 Table - 1

ANNUAL ADMISSIONS

1975-76 1976-77 1977-78 1978-79 1979-80 1980-81 1981-82 1982-83 1983-84

Boys Girls Boys Girls Boys Girls Boys Girls Boys Girls Boys & Girls Girls Girls Girls

107 108 160 158 174 153 105 71 81 59 151 74 87 63 (Upto
January 31)

No. OF ESCAPES FROM THE SCHOOL

1975-76 1976-77 1977-78 1978-79 1979-80 1980-81 1981-82 1982-83 1983-84

Boys Girls Boys Girls Boys Girls Boys Girls Boys Girls Boys & Girls Girls Girls Girls

66 4 92 20 38 4 76 15 44 16 81 17 8 25 (Upto
January 31)
 T. R. SURRAMANYA 323

uncontrollable children and some are caught while travelling

without tickets. Females out-number males in the school (1981).
Children upto 16 years old in the case of boys, and upto 18 in
the case of girls are kept in the school (1981).

The Staff

There are 26 officials in the school. The Superintendent of

the School is a woman. Besides, there are one deputy superin-
tendent, two male and two female probation officers, six teachers,
one head master, one second division clerk, one weaving instruc-
tor, one tailoring instructor, one printing instructor, three house
mothers, one female attendant, one cook, two sweepers, one
peon and two guards. The school makes use of the services of
a part-time Medical Officer as well

Education, Food and Clothing

There are six houses in the campus of the school and chil-
dren of the same age group are placed in each house. Three
house mothers have been placed in charge of these houses. Each
is expected to look after two houses. Children can have their
education upto VII standard in the school. Regular classes are
conducted from 10 AM to 5 PM. Kannada is the medium of
instruction in the school. All the subjects prescribed by the
Government of Karnataka in its syllabus for primary school
children are taught in the school. In addition to it, the inmates
are given training to attain proficiency in trades like weaving,
tailoring, printing 30 etc. The necessary books are supplied by
the school. An inmate on admission is served with two sets of
clothing. Four pairs of dresses are given to each inmate in an
year. The food is served to the children as per the diet scale
prescribed by the Government. The Superintendent makes weekly
inspection of the inmates to see that the personal property like
clothing, bedding, utensils, combs and soaps issued to them are
properly maintained and kept. The inmates are allowed to write
letters to their parents or guardians at the expense of the school
once in a month. Children are encouraged to play games like

30. For the last one year the printing press is not working.
324 COCIIIN UNIVERSITY LAW REVIEW

Dumbells, Volley Ball, Throw Ball, Foot Ball, Khoko, Kabaddi31

etc.

The Superintendent's Role in Correction

The Superintendent is in overall charge of the articles of

the school. A case sheet on every child is maintained by the
school. The case sheet form includes items like the name of the
child, caste, date of orders passed by the court and the section
under which he is charged and the age of the child at the time
of commitment to the school. The school master is expected to
review the standards, special tastes, aptitudes and habits of the
child. Similarly, the instructor should also review the degree of
efficiency attained by the child in the said trade. In the same
case sheet form, the Superintendent of the school should make
a note of the conduct of the child, progress achieved, the relation-
ship of the child with the family, circumstances of home etc. The
Superintendent is thus ultimately responsible for their education,
recreation and medical care.

The Duties of Probation Officers

Once in a month, the general conduct, aptitudes and tastes of

the child are analysed by the resident probation officers. The
probation officers will try to find out the socio-economic back-
ground, the relationship of the child with the other inmates, and
the factors responsible for the specific offence if any, committed
by the child before his admission to the school and the general
improvement of his personality etc. The probation officer is
expected to note his impression on the above aspects in the regi-
ster kept for the said purpose and put his signature with date in
the column prescribed.

Medical Examination of the Child

The child on his admission will be examined by the Medical

Officer. A separate Medical Bulletin on every child is main-
tained by the school. The bulletin includes items like name of

31. Foot Ball and Kabaddi were played as games upto 1981.
 T. R. SUBRAMANYA 325

the inmate, date of first medical examination, general built,

weight, height, chest, nutritional assessment, ailmentary system,
cardio-vascular system, respiratory system, eyes, ears, skin, im-
munisation status—whether the child has suffered or is suffering
from small pox, polio etc. After the examination, the Medical
Officer notes in the bulletin the necessary treatment that shall
be given to the inmate if necessary. The bulletin also has a
follow up chart wherein it shall be mentioned the medical treat-
ment that is given to the boy after his admission to the school.
This follow up chart is divided into three columns. The first
column speaks of the date on which the inmate has suffered
from the disease, the second column deals with the nature of
the complaint and third, the treament given by the Medical
Officer.

The Visitors' Committee

The school has a visitors' committee constituted under the
Act. The members of the visitors' committee are named by the
State Government. This committee includes members like the
Deputy Director of Public Instruction, the Executive Engineer,
the Superintendent of Police, the Local M.L.A., leading social
workers and the Superintendent of the School.

Budget
The budget estimates of the school for the last five years
are noted below:
Table - 2

Year Rs. Ps.

1975-1976 208609-00
1976-1977 205514-14
1977-1978 282350-57
1978-1979 402303-79
1979-1980 456000-00
1980-1981 770000-00
1981-1982 790000-00
1982-1983 645000-00
1983-1984 920658-50
 326 COCHIN UNIVERSITY LAW REVIEW

The above figures clearly show an upward trend in the

expenses of the school except in one year. This is due to the
closing of the printing section of the school. With the result, the
annual expenditure for the year 1982-83 was only Rs. 6,45,0001-32
Likewise, the annual admissions for the year 1977-78 esta-
blish a new record i.e. 327 (including boys and girls) and 1983-
84 records the lowest number of admissions 33 i.e. only 63. The
statistics supplied above clearly indicates that the number of
escapes from the school was highest in the year 1976-77,
i.e 112 (including boys and girls). The number of escapes came
down to a steep fall in the year 1982-83 i.e 8. 34 The writer was
informed that since only girls were admitted to the school in
1981, there was the decline in the number of escapes. The school
has a small library room but without good literature. This, in
brief, is a pen sketch of the Certified School, at Hubli.

T HE R EMAND H OME
There are two Remand Homes at Dharwad district. The
present writer visited one of them and collected some details
about its working.

A remand home is a short term establishment for the tem-

porary accommodation of children who are facing trial. The
remand home can keep the juvenile for three months. Some of
the inmates of the Dharwad Remand Home are charged for
committing offences like murder, theft, pick-pocketing etc. Some
are accused to be uncontrollable children,while some others are
accused of offences under the Suppression of Immoral Traffic in
Women and Girls Act 1956.

Annual admissions to the Remand Home show a fluctuating

trend of ups and downs. Statistics of admissions for the years
commencing from 1975 to 1983 is shown below:

See Table No. 2 for clear analysis.

The writer was able to collect the statistics relating to admissions
upto January 31, 1984.
34. See Table No. 1 for annual admissions and annual escapes.
 T. R. SUBRAMANYA 327

Table - 3

ANNUAL ADMISSIONS

1975 182
1976 177
1977 100
1978 65
1979 52
1980 57
1981 189
1982 206
1983 155 (Upto February
15, 1984)

Till 1979, the Remand Home was run by a fit person or insti-
tution named by the Government. The government used to give
grants to run the institution. An amount of Rs. 251- per month
per inmate was given by the government in the form of grants
to the fit person or institution. In fact, in 1978 the institutions re-
ceived grants to the tune of Rs. 34,778-87, which included salary
of the staff. In the beginning of 1979, due to some difficulties, the
institution was closed. But, in the month of November,
1980, the Department of Women and Child Welfare reopened
it. Since then, the administration of the Remand Home is directly
controlled by the Department of Women and Child Welfare.

The Administrative Set up

The Remand Home has one superintendent, one teacher,

one clerk, and four others. Education is imparted to the inmates
in the regional language. They are shown films on the children's
day by the Publicity Officer, Dharwad. Food and clothing are
made available to the inmates as per the diet scale and standards
fixed by the government. No library (children's) or reading
facilities are made available to the inmates. There is no Resident
Medical Officer for the Remand Home. The case sheet, the
Medical Bulletin and other registers are maintained by the
Superintendent.
328 COCHIN UNIVERSITY LAW REVIEW

AN EVALUATION OF THE WORKING OF CERTIFIED SCHOOL AND

REMAND HOME

The above field study has brought to light some genuine

difficulties faced by the administrative authorities in implement-
ing the Children Act, which call for immediate remedial mea-
sures.

The methods devised for the reformation of the inmates of

the Certified School and Remand Home include literary drive,
vocational programmes and recreational facilities. It is absolutely
essential, therefore, that the staff which is to be recruited for this
purpose should be of a high calibre, and are willing to dedicate
themselves to their work. They should also be trained in new
rehabilitation programmes. But most of the staff members of the
Certified School have had no training either in criminology or in
social work. Some of the staff members had attained their posi-
tion due to promotion. Some were not even graduates. They were
ill-equipped both in information and knowledge. No training
appeared to have been given to these teachers.

Probation Officer is the friend, philosopher and guide of

the inmate. It is the duty of the probation officer to give a sense
of security and support to the child. Probation Officers are the
eyes and ears of the court because it is they who prepare the
pre-sentence report. In his report the Probation Officer aims at
focussing the character and personality of the child, and analyses
the socio-economic background in which the child lives and
finds out the factors responsible for his specific offence, if any,
and the general behaviour of the child. In contrast, the proba-
tion officers of the Certified School, were usually not trained per-
sonnel in criminology and social work. Some of them appeared
to have taken up the job because no other job better than this
was available to them. The scale of pay of these officers appeared
to be low when compared to the nature of the work they were
to discharge. Officers of this type lack enthusiasm and zeal to
do the work. Under these circumstances it is difficult to achieve
the desired objective. This inference has been drawn after look-
ing to the work done by such officers in the Certified School. For
instances, as per the rules of the Certified School, one in a month,
 T. R. SUBRAMANYA 329

the probation officer is expected to review the general improve-

ment of the character and conduct of the child and pass his
remarks in the register kept for the purpose. It was noticed that
this work was not attended to by the probation officers there.

It is necessary that the probation officers must be trained

personnel in the field of criminology and social work. The
Government should also frame rules for recruitment and training
of such personnel. When recruitment is made, only persons
suited to undertake this type of job must be preferred. This is
not enough. They must be given orientation in the latest tech-
niques that have been developed by other countries to deal with
delinquents and neglected children.

Recreational facilities provided to the inmates of these

schools seemed to be insufficient. It is felt that, there is a need
to appoint Physical Education Instructors in the Certified Schools
and Remand Homes to train the inmates and keep them physi-
cally fit.
The library facilities for the children in the Certified School
were found to be totally inadequate. It is felt that arrangements
must be made to provide a proper library which would enhance
the knowledge of the inmates.

This writer was informed that movies are shown once in a

year or on special occasions like the children's day in the Certi-
fied School. Films of educative value are required to be shown
to the children. Films depicting cruelty, crime etc., should not
be shown to these children.
Medical facilities made available to the inmates of the
school appeared to be totally inadequate. Only one Medical
Officer (that too part-time) seemed to visit the school which
accommodates 600 inmates. This would definitely lead, to the
doctor asking the school authorities to take some of the children
for treatment elsewhere. Moreover, it was also noticed that if a
prescritpion is given by the doctor, the cost of the medicine must
be met by the Certified School. If the cost of the medicine exceeds
Rs. 101-, the Superintendent of the school must get a green signal
330 COCHIN UNIVERSITY LAW REVIEW

from the higher-ups. 35 By the time the necessary approval is

obtained, the patient might have been dead. This requirement
needs relaxation.
The tables supplied earlier, clearly indicate, on an average
(from 1975 to 1980 ), 36 37% of the inmates escape from the
Certified School. The school authorities are silent on this point.
An effort to know the causes, must be made by the school
authorities. Ultimately it is the officers in charge of the school
who can check the number of escapes. When the writer
approached the Superintendent of the school, to know the rea-
sons, she was kind enough to give at least one good reason.
Every year, during vacation, soon after their examinations, the
children are allowed to visit their native places, if they have
parents guardians and be with them for fifteen days. When they
return to the school after vacation, they again feel like seeing
the world and try to go out of the school. In spite of the vigilant
watch kept on them they escape from the school. But, since
1981 the number of escapes in the school have come down and
this is due to the fact that since 1981 the school solely and
exclusively admits girls.
For the purchase of certain items like food stuffs, vege-
tables, milk, utensils etc., tenders are required to be called and
the approval of the authorities from Bangalore is necessary.
This causes delay, and hence adequate power should be vested
with the Superintendent for the necessary purchases. This may
avoid circuitous procedure and delay.

The visitors' committee appointed by the Government under

Section 28 of the Children Act, it appeared, was not functioning
properly. This happens when persons disinterested in the welfare
of the delinquent children are appointed to such positions. Some
persons accept the appointment as an honour conferred on them

The Superintendent of the school should approach the Ministry of

Women and Child Welfare for the amount. Most of the time is lost
in correspondence before money is sanctioned.
See Table No. 1—the escape rate.
 T. R. SUBRAMANYA 331

and not with an intention to render social service. Such persons

who have the zeal to work for the upliftment of the delinquent
and neglected children should be appointed to such committees
and no other consideration such as political or otherwise should
influence such appointments. 37
This writer learnt that the Certified School provides edu-
cation upto VII standard and good students may be sent to
High Schools from the Certified School for further studies. But
this facility, it was noticed, was available only to a limited few.
Most of the inmates, who were interrogated expressed their
desire to continue their education further as it would help them
to lead a responsible life in society later. Hence the government
should take the responsibility of giving higher education to the
delinquent and the neglected children at the expense of the
State.
It is learnt that the inmates are not even considered for
any of the posts in their own institutions where they are living.
When vacancies arise, the school authorities call for applications
from the Employment Exchange and accordingly the post is
filled in. Instead, the government should think of reserving cer-
tain vacancies for the inmates if they are qualified for the said
jobs. The Government of Karnataka as early as 1964, has
passed an order, and the order stipulates, "that the ex-inmates
of the correctional and non-correctional institutions may also be
considered for employment along with other applicants in
Government departments and Government undertakings." But
the order has not been enforced effectively. It is because of the
stigma attached on these boys on the ground that they are the
ex-inmates of correctional and non-correctional institutions that
they are not preferred to others in matters of employment. It is
suggested that these ex-inmates must be given a preferential
treatment to enable the rehabilitation of such persons.
There is the need to establish a Special Juvenile Police Unit,
with officers well-trained in criminology. For this purpose,
trained women police officers must be given preference to males.

37. Some of the members of the Visitors' Committee do not even know
that they are the members of such a committee.
332 COCHIN UNIVERSITY LAW REVIEW

The State of Maharashtra has already made an attempt in this

direction as early as 1952.
13. As per the provisions of the Children Act, the juvenile court
judges should have special knowledge in the field of child delin-
quency and child welfare. There is need for the establishment
of courts having sole and exclusive jurisdiction to deal with
delinquents and neglected children.
Magistrates, like most human beings, would do their work
better if trained for it. Jyotsana H. Shah, speaking on the aspect
of professional development of the judges in our country, states:
"No conscious effort seems to have been bestowed at any
stage in India on the professional development of the judi-
ciary in the more progressive penological and social defence
concepts and practices. The trial judges are, generally
speaking, picked up by the Departments or by the Public
Service Commission from the leading members of the Bar
at the district level. The academic courses leading to a law
degree at the Universities in India do not include any
specific term or specific items in the curriculum pertaining
to probation, non-institutional methods of treatment of
offenders or such other progressive innovations. During the
legal practice as advocates in the trial courts, most lawyers
are not quite aware of the probation provisions either in the
revised Section 562 of Cr. P.C. or State Probation Acts or
the Central Probation of Offenders Act. Thus, till the time
they are inducted as magistrates for the trial in criminal
courts, they have hardly had any opportunity to learn some-
thing concrete about probation and allied matters. It should
be expected that at the stage of being recruited to the judi-
cial service, when they have to undergo some in-service
training, they should be exposed to new techniques and
researches in the field of criminal justice system. Unfortu-
nately, this very important stage of giving orientation to
the judiciary is not much utilised at present. The High
Courts of Bombay and Srinagar have initiated action. 38

38. Jyotsana H. Shah, Probation Services in India (1973), pp. 92-93.

 T. R. SUBRAMANYA 333

Similarly, Justice V. R. Krishna Iyer, is reported to have

stated:
,c . . . . orthodoxy and ignorance die hard even among judi-
cial personnel. The awareness of the need to be educated
in the current thought on the causes, syndrome and treat-
ment of crime and criminal is the beginning of the forensic
appreciation of probation and allied methods. Indeed, mo-
dern criminal jurisprudence and allied social and psychiatric
departments have gone so far ahead of the lagging Indian
Courts, cloistered in their outworn ideas, that a national
training or refresher programme for the criminal judiciary,
from the lowest to the highest echelons is an imperative
need. 39
A judge to be able to discharge his functions, therefore,
cannot truly afford to live in an ivory tower watching with
olympian aloofness all strom and stress that goes on around him
in society.

In England, after the Roche Committee Report, Magistrates

are trained. This has been made compulsory after first January,
1966. In India two High Courts have come forward with this
idea, namely the High Courts of Maharashtra and Srinagar. In
Maharashtra, The Judicial Officers Training Institute was esta-
blished at Nagpur in 1972. The main object of the institute is
to impart training to newly appointed judicial officers as well
as to those who are in service. It is necessary that all the State
Governments should come forward with the above idea and give
special training to its judicial officers presiding juvenile courts.

S UGGESTIONS
The above analysis leads the writer to make the following
suggestions for the prevention and control of juvenile delin-
quency in India.

39. V. R. Krishna Iyer, then as member of the Indian Law Commission,

while addressing the National Conference on probation and Allied
Measures, held in October, 1971, as cited in G. N. Sabhahit, Sen-
tencing by Courts in India (1975) p. 36.
334 COCHIN UNIVERSITY LAW REVIEW

Officials who are sympathetic towards delinquent children

and their problems should alone be preferred for appoint-
ments to others in correctional institutions and they must
be given adequate training.
There is need for the simplification of the rules of procedure.
There should be Children's Courts exclusively for dealing
with delinquent and neglected children.

Mode of Citation [19841 C.U.L.R.