THE JUVENILE DELEQUENCY

Introduction
Juvenile delinquency is one of the serious problems of the mess society. It is
almost an out- come of the rapid urbanisation and industrialization of modern
times. Social conditions associated with these two processes have affected the
family pattern. This resulted in an atmosphere that is favourable to the growth
of juvenile delinquency. A large number of children moving from rural areas to
the cities or living in the slums in cities are found to be highly affected to this
process. This has almost become a universal problem in most of the
industrialized countries including India. Mr G.C.Dutt observes “juvenile
delinquency is rapidly becoming a serious menace in India and with the
progressive industrialisation of many parts of the country. This problem will
soon assume the same proportion as in the western countries.

1 Meaning and definition of juvenile delinquency

Delinquency is a kind of the abnormality. When an individual deviates from the
course of the normal social life, his behaviour is called the “delinquency”.
When a juvenile below an age specified under a statue exhibits behaviour which
may prove to be dangerous to the society and/or to himself he may be called a
juvenile delinquent. Each state has its own precise definition of the age range
covered by the word “juvenile”.

Definition
1 CYRIL BURT defines delinquency as occurring in the child “when his
antisocial tendencies appear so grave that he become the subject of official
action”.

2 FRIEDLENDER says, “delinquency is a juvenile misconduct that might be

dealt with under the law”

3 THE SECOND UNITED NATIONS CONGRESS ON THE PREVENTION OF

CRIME AND TREATMENT OF THE OFFENDERS(1960) states, “by juvenile
delinquency should be understood the commission of an act which, if committed
by an adult, would be considered a crime.”
4 C.B.MAMORIA writes, “the phrases ‘juvenile delinquency’ may be loosely
used to cover any kind of deviant behaviour of children which violates
normative rules, understanding or expectation of social system”.

5 in simple words, it can be said that juvenile delinquency is a type of abnormal

or antisocial behaviour by a juvenile who is below age specified by statue.

Who is juvenile delinquent ?

Juvenile delinquent are those offenders including boys and girls who are
normally under 16 years of age. A juvenile delinquent is a young person
incorrigible, or habitually disobedient. Acts of delinquency may include:

1 running away from the house without the permission of the parents,

2 habitual truancy beyond the control of parents,

3 spending time idly beyond limits

4 use of vulgar language

5 wandering about rail-roads, streets, market places

6 visiting gambling centres

7 committing sexual offences

8 shop-lifting

9 stealing etc.

Juvenile may do such activities singly or through a gang.

2 Causes of juvenile delinquency

there is no single cause or simple explanation for the development of the
delinquent behaviour. According to healy and bronner, the causes of juvenile
delinquency are:

1 bad company

2 adolescent instability and impulses

3 early sex experience

4 love of the adventure

5 mental experience

6 extreme social suggestibility

7 motion picture

8 school dissatisfaction

9 poor recreation

10 street life

11 vocational dissatisfaction

12 sudden impulse

13 physical condition of all sorts

The causes of juvenile delinquency may be classified under two

major

A social factors

B personality factores

A social factores favouring juvenile delinquency

1 Broken Homes=
British and American investigations reveal that nearly 50% of the delinquents
come from the broken homes. In one of the studies conducted by UDAY
SHANKAR in india only 13.3% of the 140 delinquents that he studied came
from the broken homes. This shows the culture difference between the India and
the western countries. Still it can be said that the broken homes and families,
lack of parental affection and security, absence of the loving mother in the
childhood or an affectionate mother substitute, lack of family ties, parental
irresponsibility and a steep rate in divorce, desertion and separation are all
contributory factors to the delinquency.

The home may be broken by the death of the one of the member of the house,
or one or the both of the parents, or by prolonged illness or insanity, desertion
or the divorce. Interaction in home is a very important mean for the socialising
the child. The mother plays a vital role in this regard. If she divorces her
husband or deserts him or dies, the growth of the child will be affected. Such a
child loses not only the love of the mother but also the parental control and
becomes an easy victim to the outside the antisocial influence. It cannot,
however, be said that broken home invariably leads to delinquent behaviour on
the part of the children.

2 Poverty=
A very large proportion of delinquent children comes from the poor homes. It is
generally, although not unanimously, accepted by the professional students of
the juvenile delinquency that the vast majority of the delinquents come from the
lower class. They commit their offences as the member of gangs. UDAY
SHANKAR’S study has revealed that as many as 83% of the children come from
the poor families. Still it cannot be the generalised that the children of the poor
homes invariably become delinquent.

Poverty compels sometimes both of the parental to be outside the home for
a very long period to earn their daily livelihood. The children will be uncared
for. Such children may consciously or unconsciously join hands with gangsters
and become delinquent. This mostly happens in the slums areas and areas in
which mostly working class people live.
3 Delinqueny Areas=
It is said that some areas are highly vulnerable to delinquent trends. Long ago
burt in his study showed that there are certain areas in London from which the
majority of delinquent children come. The delinquents mostly comes from the
areas of the poor housing, overcrowding and the areas in which the cinema
houses, hotels, night clubs, liquor shopes are found in the large quantity. It is
true that when a family is living in the heart of the town the chances are greater
for the children of such families to pick up delinquent behaviour. It is to be
noted that not all the children living in the delinquent areas are delinquents.

4 Companions And Gangs=

As a child grows older he goes into the the neighbourhood and becomes a
member of playgroup or the peer group. If by chance he joins the gang which
foster the delinquent attitude he is also likely to become the delinquent. In fact,
much delinquency spring up from the prevalent attitude in the group within
which the youth has the immediate contacts. CHARLES SHAW has opined that
“delinquency is a product of the community forces”.

In cities, in slums areas peculiar social groups called the gangs are found.
Generally the gangs starts as the playgroup. In the absence of the playground
facilities, the children will start playing in the streets and finally organise
themselves in a gang. The gang has all the qualities of an ingroup such as
loyalty cooperation, social solidarity and unity. These gangs are found to be
associated with the crimes in all its aspects like delinquency, rioting, corrupt
politics, and so on. The children coming from the poor families easily become
the victim of the gangs.

Due to the bad companionship also offences are committed by the

adolescents. Students have shown that the delinquents act are done in the
company. In his ILLINIOS CRIMES SURVEY OF 1928 shaw analysed 6000
boys were involved in the crimes. He found that in 90% of the cases two or
more boys were involved in the crimes.

Beggary
Beggary is often the causes of the juvenile delinquency. Child beggars mostly
come from either very poor families or broken homes. These children are
betrayed of the need of the love and affection of the families. They crave for the
satisfaction of their satisfaction of their inner impulses, desires and ambitions.
They chose to become the beggars for the same. As beggars they get annoyed to
see others enjoying life. Some of them even become the rebels. They realise that
only through deviant practices they can satisfy their desires and their needs and
thus they become the delinquents.

Other social or the environmental factors

A school dissatisfaction
Some students get dissatisfied with the school life. Parental irresponsibility,
unmanageable student-teacher ratio, lack of entertainment and sports facilities
in schools, indifference of teachers may contribute to this. Such dissatisfied
students become regular absentees in school and starts wandering in the
streets. They may even forms gang of their own and become gamblers, eve-
teasers, pickpockets, drunkards, smokers and drug addicts.

B Films and pornographic literature=

Have also added to the magnitude of delinquency. Cinema, television and
abscene literature may often provoke sexual and other impulses in adolescents.
Hence they may start their adventure in satisfying them in the process of which
they commit crimes.

C Deep seated inner desires

Coupled with outside pressures compulsions and temptation also contribute to
juvenile delinquency. For example, on hearing the interesting narration of the
illicit sex experience or such other criminal experience from one’s gangmate,
one may be tempted to follow the same.

B Personal or Individual Factors

Personal factors such as mental deficiency and emotional disturbance may also
contribute to juvenile delinquency.

1 Mental Deficiency in Delinquency=

It has been observed that good number of delinquents are mentally deficient.
Students have revealed that there is larger proportion of mentally defective is
the juvenile delinquent group than among the normal children. The relationship
between intelligence and delinquent behaviour has been studied carefully. The
average intelligence in a normal group of children is 100 IQ (intelligence
quotient). But in his study in london reported that the average I.Q. of the
delinquent children in 85, and UDAY SHANKAR found that it was 83. These
and many other studies have revealed that the average intelligence of an
delinquents is certainly lower than the average intelligence of the normal group
of the children of the same age.

It is quite natural to assume that the dull and mentally handicapped or

defective adolescents do not have the necessary insight to make distinction
between rights and deviant methods and behaviour. Such children are often
used by more intelligents children of the gang or the adults for their criminal
purpose.

2 Emotional Problems of the Individual=

Mental trouble and emotional maladjustments are strong factors in the
delinquency. Emotional problem of the inferiority, jealousy and being thwarted
are very common among the delinquent children. HEALY and BRONNER in
their study of 143 delinquents found that 92% of them revealed emotional
disturbance. It is reported that in America about two-thirds of juvenile
delinquents suffer from emotional personality and mental deviation. Thus from
the psychological point of view “delinquency is a rebellion and an expression
of aggression which is aimed at destroying, breaking down or changing the
environment.” This rebellion is mostly against the social condition which deny
the individual his basic rights and the satisfaction of his fundamental needs.
Thus, delinquents are not born so, but they become so due to the social
circumstances and personal deficiencies.

According to the psychoanalytical view, the delinquent is an individual who

is governed by the “pleasure principle”. He wants to get immediate pleasure
immediate satisfaction of his needs. So he becomes the victim to his own
impulses. He is neither able to control the impulses nor able to imagine to think
consequences of his actions. It is also said that delinquent breakdown is an
escape from the emotional situation for some particular individual with
peculiar individual and family background. Some emotionally maladjusted
children become delinquents to get the attention of their parents or as protest
against their treatment.

Thus, it may be said that the juvenile delinquency is the result of both social
or environmental and person or individual factors.

3 Remedies For Juvenile Delinquency

The problem of the juvenile delinquency is one that has drawn the attention of
society. It is know that the delinquent child of today may turn out to be the
chronic criminal tomorrow. Discussion, debates and studies have been made at
the national as well as at the international levels by scholars to seek out the
effective remedy for the problem. Two methods have been suggested to deal
with this problem:

1 preventive method

2 rehabilitative or curative method

A Preventive Measures
In order to prevent juvenile delinquency from taking place the following
measures may be suggested:

1 Creating inspiring a team of work of the private and public agencies devoted
to prevented work.

2 giving proper training to the member and staff of all organisation concerned
with delinquency control.

3 Establishing child guidance clinics to give appropriate treatment to the

disturbed and maladjusted children.

4 Educating of the family so as to help the parents to realise the importance of

giving proper attention to the needs of their young family.

5 establishing the wholesome recreational agencies to prevent young children

from becoming the victims of illicit or unwholesome recreation.

6 giving proper assistance to under-privileged children to build in them good

character and law-abiding attitude.
7 adopting various means of the propaganda such as radio, movies, television,
newspaper, magazines etc., to realise the importance of law-abidingness and
how it is always appreciated and rewarded.

8 improving the social environment-slum areas, busy market places, gambling

centres etc., to prevent children to get polluted.

9 spotting potential delinquents by predictive tests in school and giving

appropriated threat ment to such children.

10 the problem of beggary and poverty are to be removed or controlled and the
general economic standards of the people must be increased to prevent children
from becoming delinquents due to economic exigencies.

B Method of Rehabilitation=
The main purpose of the method of rehabilitation is not to punish nor to take
revenge upon the delinquent. The intation behind this method is to help the
delinquent children to get proper guidance and training so that they become
normal children and never repeat delinquent acts. The measure taken for the
prevention and treatment of the juvenile delinquency in india after 1850 may be
briefly examined here:

1 Legislative Measures=
Various legislation have been made in india from time to time to deal with
juvenile delinquency. Some of the acta can be discussed here:

A Legislative Act of 1850=

The act has been the earliest step taken in the direction of preventing the
delinquency. The acts provide for the binding of the children, both boys and
girls, between the age of 10 to 18 as apprentices. Orphans and the poor
children can take the benefit of the act. The father or the guardians may bind a
child above 10 and under 18 upto 21year of age for a period not exceeding 7
years. Female child so bind till her marriage. The act also dealt with the
children who commit the pretty offences.
B Reformatory School Act of 1897=

This act can be considered as the landmark in the history of the treatment of the
delinquency. The act is in force in almost the state of india. Under this act the
courts were send for detention youthful male offenders to reformatory school
for a period of not more than three years. It could be extended to seven years
also. No person may be detained in it after he attains the 18 th year. Under this
act the reformatory school were established to make reform in the delinquent
children.

C Provision in the criminal procedure code=

Under section 399 of the indian criminal procedure code(icpc) convicted young
children below the age of the 15 years could be send to the reformatory school
established by the state government. It also permitted their release with the
advice. Under section 82 of indian penal code children under seven cannot be
held responsible for the criminal acts. Section 83 of the same code relex the
children upto the age of 12 years.

D Children acts=

Various provinces of india took interest in making some comprehensive laws in

1920 and afterwards to deal with the delinquent children. Of these, children act
enacted by madras in 1920 and followed by the other states, are more
important. The main provision of the act are

1 no child under the age of 14 can be imprisoned under any circumstances and
no young person between the age of 14-16 year of age imprisoned unless he is
certified to be the unruly person.

2 the child or the youthful offender cannot sentenced to the death or

imprisonment except under the extraordinary conditions. Person below 12 is to
sent to the junior certified school and 12-16 to the senior certified school.

3 the court may discharge the person after due admonition, it may hand him
over to his parents or guardians after taking a bond from them that they would
be responsible for his good behaviour for 12 months.

E juvenile smoking acts=

Some acts to deal with the specific pattern of the antisocial behaviour among
the children have also been passed. Of these the juvenile smoking acts are in
force in most of the states. The act prohibits the sale of the tobacco by the
children below the age of 16 years. Children below the 16 are not supposed to
smoke in the public places according to this act.

F suppression of the immoral traffic atcs=

These acts are passed in order to protect the young girls and to suppress
prohibition. The acts prohibit certain practices connected with prostitution such
as soliciting in public areas, using residential premises for running brothers,
forcibly detaining young women in brothels, etc. provision are also made to
protect the girls from the brothels or the moral danger.

G probation of the offenders act=

Under these act the juvenile courts can place the youthful offender under the
supervision of probation officers.

H borstal schools acts for adolscents=

These act were passed to give special treatment to the adolescent offenders, that
is, offenders between 15 and 21 years age. A borstal school is a corrective
school and is one in which the offenders are subjects to disciplinary and moral
influences. These influences would help their reform.

4 Institution To Rehabilitative Juvenile

Delinquents=
preventive measure alone are not enough. Rehabilitative or reformative
measures are also needed to solve juvenile delinquency. Some of the institution
aimed at rehabilitating the juvenile delinquents are there in india. They may be
briefly examined:

1 juvenile courts

The juvenile courts are established in order to treat separately juvenile

delinquents from other adult criminals. Juvenile courts have their own building,
judicial bench and the other arrangement. Juvenile delinquents cannot be tried
in the other courts. Juvenile offenders cannot be chained and they cannot be
presented before the court by the police in their uniform. No advocate is needed
to plead for them. The main intention behind this special treatment is to create
positive feeling in the mind of the juveniles. As per the report of the union
ministry of the education, in 1950 there were only 39 juvenile courts in India.

2 remand homes

When the child is arrested under the act, he is produced before the magistrate
within the 24 hours of the arrest and kept in the remand home till the case is
investigated. The child is kept in the remand home until the final disposal of the
case. Sometimes person arrested are send to the remand home for the few time
and then released later. These home are mostly managed by the private welfare
agencies with the government assistance. The precise number of such homes in
india is not known.

3 certified schools

Certified schools are established mainly to give general education and the
technical training to the children. Here the children are sent for the long term
treatment. They are run by the voluntary bodies or the local authorities with the
financial assistance of the government and the public. There are two types of te
school:

1 junior school for the boys under the age of 12

2 senior school for the boys under the age of 16

The children are confined here for the 2 to 3 years. The school authorities ca
smake early discharge. After their release they are put under the charge of the
welfare or probation afficer who watches their activities.

4 auxiliary homes

These auxiliary homes are attached to the certified schools just like remand
homes. Here the convicted delinquents are kept for the sometime and studied by
a social worker. Later on they are sent to the certifies school depending uo