Mir Shabnum Farooq
The movement for special treatment of juvenile offenders started towards the end of 18th century. Prior to this, juvenile offenders were dealt with exactly like those of adult’s. They were prosecuted in criminal courts and were subjected to same penalties as adults. They served their sentence in the same prison in which other hardened criminals were lodged the obvious result of logging juveniles and habitual offenders in the same prison was that these institutions virtually turned into breeding centres of vices and criminality.
Causes of juvenile delinquency
- Juvenile delinquency has become global phenomenon in modern times.
- Despite intensive rehabilitative measures and special procedure for tackling the problem of juvenile delinquency, there is a growing tendency among youngsters to be arrogant, violent and disobedient to law with the result there has been considerable rise in the incidence of juvenile delinquency.
- At the time of INDUSTRIALIZATION young people were also sold as slaves for menial work.
- The greatest evil of the system was that it exposed young offenders to contamination due to their incarceration with other criminals.
- The Industrial development and economic growth in India has resulted into URBANIZATION, which in turn has given rise to new problems such as housing, slum dwelling, overcrowding, lack of parental control and family disintegration and so on.
- The cost of living in URBAN AREAS makes it necessary even for women to take up outdoor jobs for supporting their family financially, with the result their children are left neglected at home without any parental control.
- Unprecedented increase in divorce cases and matrimonial disputes is yet another cause for disrupting family solidarity. Discriminatory or step-motherly treatment which children also has an adverse psychological effect on youngsters.
- The rapidly changing pattern in modern living also make it difficult for children and adolescents to adjust themselves to new ways of life.
- Poverty is yet another positional cause of juvenile delinquency. Failure of parents to provide necessities of life such as food and clothing etc.
THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015.
The provisions of the constitution confer powers and impose duties under CLAUSE (3) of article 15, CLAUSES (e) and (f) of article 39, 45 and 47, on the state to ensure that all the needs of children are met and that their basic human rights are fully protected. It extends to the whole of India except the state of J&K. It shall come into force on such date as central govt. May by notification in the official gazette, appoint. Child in need of care and protection means a child who is found without any home or settled place and without any ostensible means of subsistence or who is found working in contravention of labour laws for the time being in force or is found begging or living on the streets. Or who is missing or run away child or whose parents cannot be found after making reasonable inquiry. Or who has been or being or is likely to be abused tortured or exploited for the purpose of sexual abuse or illegal acts. Or who is found vulnerable and is likely to be inducted into drug abuse or trafficking. CONCLUSION The govt. has to make sure that there are sufficient means for the care of juveniles. We can totally prevent juvenile crimes if we are little more responsible to our children. Parents should keep an eye on their kids. They should look into their friend circle as well.
Writer is a Law student at Kashmir Law College, Srinagar and can be reached at shabnummir065@gmail.com.
