By Poorvi Bhatt
Delinquency may be defined as a criminal behavior, particularly that displayed by a juvenile. Betting on the state of origin, a juvenile becomes associate adult anyplace between the ages of 15 to 18, though the age is typically lowered for murder and alternative serious crimes. Delinquency implies conduct that doesn’t change to the legal or ethical standards of society; it always applies solely to acts that, if performed by associate adult, would be termed criminal.
Crime is an inevitable phenomenon which forms a part of every human society. Crime is associate inevitable associated universal development that forms an indivisible a part of each human society. Like adult criminal behavior, behavior among kids and young people has continuously existed in some type since years and in most societies it’s elicited a special legal reaction. It’s usually same that it’s easier to mould a juvenile than to fix a person which the kid of these days is that the national of tomorrow. It’s thus essential that criminal traits in kids be timely restrained in order that they are doing not become habitual offenders in their late life. It’s with this finish in sight that the matter of misdeed is presently being tackled by most of the countries on a priority basis.
The Juvenile Justice Act, 1986 was enacted by the Indian Parliament to alter socially deviant kids. This act was repealed by the Juvenile Justice (Care and Protection of Children) Act, 2000. This Act was successively repealed by the Juvenile Justice (Care and Protection of Children) Act, 2015 thanks to some drawbacks of the previous act.
Efforts are created to spot potential delinquents at associate early age so as to produce preventive treatment. Such predictions of delinquency typically rely not solely on the child’s behavior in class however additionally on the standard of the child’s home life.
THEORETICAL EXPLANATIONS OF JUVENILE DELINQUENCY
While there are numerous theories on crime relating to juveniles, surprisingly little information is available on how these respective theories relate to those with traits within the spectrum of conduct disorder and the likelihood such specific behavioral traits will manifest as antisocial personality disorder, or psychopath, in adulthood conscience and morality lack thereof, may factor in, not only to juvenile delinquency, but to the likelihood that such juveniles will become violent offenders as adults.
The likely risk to society, along with the possibility of early treatments that may counteract the deficiencies found in the emotional and cognitive aspects of the juvenile personality, has piqued my interest in exploring the aspect of juvenile delinquency in persons with specific behaviors known to plague those diagnosed with personality disorders: specifically antisocial, psychopathic, and sociopathic personality traits. The institution which is liable for handling a juvenile in conflict with law is that the Juvenile Justice Board. Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2015 directs that the government shall constitute for each district one or more Juvenile Justice Boards for exercising the powers and discharging its functions concerning children in conflict with law under this Act. The functions and responsibilities of the Board shall include:
· Ensuring the informed participation of the child and the parent or guardian, in every step of the process.
· Ensuring that the child’s rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation.
· Ensuring the availability of legal aid for the child through the legal services institutions.
1.The Supreme Court in Sheela Barse v. Union of India condemned and discouraged the detention of children below 16 years in jail, in this milestone decision.
2.J Krishna Iyer in Hiralal Mallick v. State of Bihar, with respect to the sentencing policy towards juvenile delinquents, observed, the family tie of the juvenile in jail must be kept alive.
The frightful incident of “Nirbhaya Rape Case” raised many debates and the prime issue was the involvement of the juvenile perpetrator, who was only six months short from becoming an adult. This attracts the law of Juvenile Justice (Care and protection) Act, 2000 and the culprit was sentenced by the court only for three-year confinement. Against this decision of Apex Court, Several protests were made, which demanded amendment in the existing Juvenile Justice Law. The prime two reasons of all were, first, the Juvenile Justice Act, 2000 was facing implementation and procedural delays. Secondly, the National Crime Records Bureau (NCRB) Reports indicate an increase in the Juvenile Crime between the age group of 16-18 years.
The following steps might be taken to attenuate the matter of juvenile delinquency:1.A correct mechanism should be created to access the requirements and requirements of the juveniles and it should be reviewed regularly.2.The approach of the agencies like police involved within the system could also be a more reformative character instead of pure penal. The target could also be to reform the delin-quents instead of just to punish them.3.The government should put more emphasis on useful and attractive beneficial long- term schemes for juveniles in order that they feel motivated to the mainstream of society and regain their self-confidence, which is usually lost due to the callous attitude of the society. Through the economic sector, development programmes with income generation opportunities, professional training, and vocational training are the areas which may help and stop youth involvement in delinquent activities.