Short notes on Juvenile Delinquency

·      
Section 82: Children under 7 years are not criminally responsible.

·      
Section 83: Children between 7–12 years are not criminally responsible
if lacking maturity to understand their act.

·      
Offenses Involving Minors: Special consideration in kidnapping,
rape, and other offenses where the victim/accused is minor.

C.
Criminal Procedure Code (CrPC):

·      
Section 27: Juvenile cases are handled by courts with special
procedures.

·      
Section 437: Bail provisions are more lenient for
juveniles.

·      
Probation of Offenders Act, Section
360: Favors rehabilitation over
punishment for young offenders.

D.
Juvenile Justice (Care and Protection of Children) Act, 2015:

·      
Defines
two categories:

o   Child in
Conflict with Law: Any
child alleged or found to have committed an offense and below age 18.

o   Child in
Need of Care and Protection:
Vulnerable children requiring state intervention.

·      
Juvenile Justice Board (JJB): Specialized quasi-judicial body with
powers to conduct trials, grant bail, order social investigations, and
pronounce rehabilitation/reformation orders.

·      
Special Procedures: Strong focus on non-stigmatizing
language, presumption of innocence, confidentiality, and best interests of the
child.

2. Causes of Juvenile Delinquency

·      
Family Factors: Parental neglect, broken families,
lack of affection, domestic violence, and absence of proper guidance.

·      
Economic Factors: Poverty, lack of basic necessities,
unemployment, and inadequate living conditions can push children towards
criminal behavior.

·      
Educational Factors: Failure in academics, bullying, lack
of opportunities, and dropouts are significant contributors.

·      
Psychological Factors: Mental health issues, conduct
disorders, and lack of emotional stability lead to deviant behavior.

·      
Social and Peer Influence: Association with delinquent peers,
impact of social media, substance abuse, and negative role models.

·      
Community & Environmental Factors: Slum environments, high crime
neighborhoods, and ineffective law enforcement.

·      
Legal Awareness: Ignorance of laws, rights, and duties
aggravates delinquent acts.

3. Remedies and Preventive Strategies

·      
Parenting Education & Counseling: Programs for parents on positive
interaction, supervision, and discipline.

·      
Legal Measures: Strict implementation of Juvenile
Justice Act and related statutes.

·      
Community and NGO Initiatives: Awareness campaigns, rehabilitation
centers, life-skill training, and after-care programs.

·      
Skill Development: Vocational, creative, and educational
programs for at-risk youth.

·      
School Interventions: Anti-bullying policies, remedial
teaching, and counseling services.

·      
Judiciary & Police Sensitization: Training police/judges for
child-friendly processes.

·      
Government Schemes: Mid-Day Meal Scheme, Right to
Education, Mission Vatsalya, Beti Bachao Beti Padhao, and others aimed at child
protection.

·      
Rehabilitation & Social
Reintegration:
Observation homes, special homes, and counseling for reformation and
reintegration into mainstream society.

4. Theories of Juvenile Delinquency

·      
Biological Theory: Posits inherent physical/biological
traits as factors (Cesare Lombroso).

·      
Psychological Theories: Sigmund Freud’s psychoanalytic model
(Id, Ego, Superego); views emotional and personality disorders as causes.

·      
Sociological Theories:

o   Differential
Association Theory
(Sutherland): Crime learned through interaction.

o   Strain
Theory (Merton): Societal pressures
drive individuals to commit crimes.

o   Labeling
Theory: Stigma and negative labeling
worsen criminal behavior.

·      
Developmental Theories: Focus on adverse childhood
experiences, poor education, and sequential risk factors.

·      
Multifactor Theory: Juvenile delinquency is a result of
interaction among multiple social, psychological, and environmental factors.

5. Juvenile Justice Board (JJB): Role,
Powers, Functions

·      
Establishment: Composed of a judicial magistrate and
two social workers.

·      
Jurisdiction: All cases of children in conflict with
law below age 18.

·      
Functions:

o   Conduct preliminary assessment and
inquiry.

o   Decide bail and social investigation.

o   Pass orders for rehabilitation,
reformation, social reintegration.

o   Ensure confidentiality and privacy.

o   Pass dispositional orders (up to 3 yrs
in special home, etc.).

·      
Procedure & Principles: Follows principles of best interest,
presumption of innocence, dignity of child, non-stigmatization, and social
reintegration.

6. History of Juvenile Justice System
in India

·      
Early Laws: Apprentice Act (1850), Reformatory Schools Act (1897),
Children Act (1960).

·      
Juvenile Justice Acts: 1986, 2000 (post-UNCRC ratification),
and 2015 Acts have progressively strengthened child rights and protections.

·      
Landmark Cases: Salil Bali v. Union of India (2013),
Subramanian Swamy v. Raju (2014), Sheela Barse v. Union of India (1986) have
shaped the system toward welfare and reformative justice.

7. Judicial Role and Contemporary
Approach

·      
Courts
prioritize reformation over punishment, seeking the best interests of the
child.

·      
Historic
judgments uphold rights, privacy, and protection, especially in heinous
offenses.

·      
The
judiciary supports the shift from punitive to reformative and rehabilitative
approaches for juveniles.

8. International Contributions

·      
UN Convention on the Rights of the
Child (UNCRC), 1989:
Established global standards for child rights.

·      
Beijing Rules (1985): Standards for administration of
juvenile justice.

·      
Riyadh Guidelines (1990): Preventive measures for juvenile
delinquency.

·      
Active NGOs: Penal Reform International, Human
Rights Watch, Child Rights International Network.

9. Practical Exam Approach

For your Masters of Law exam:

·      
Present
answers starting from the legal
framework (Constitutional, IPC, CrPC, JJ Act).

·      
Explain causes by separating social, economic,
family, and psychological aspects.

·      
Discuss remedies with examples of government
schemes and NGO roles.

·      
Use
landmark theories and judicial cases
to support your analysis.

·      
Whenever
required, briefly mention the international
standards and contemporary trends.

This comprehensive approach ensures you
address legal, theoretical, and practical dimensions of juvenile delinquency as
required for high-scoring answers in Masters of Law.