The Rise of Juvenile Delinquency: A Critical Analysis.

Author: Aditi Shekhawat, DR. D. Y. Patil Law College.

Juvenile delinquency refers to the involvement of the individual under age of 18 in antisocial activities or illegal activities. Juvenile delinquency not only harms the nation's progress but also impacts the life of juveniles involved in such activities.  Various factors contribute to the delinquent behavior in juveniles, including peer pressure, family issues, psychological challenges faced by children and socio-economic factors that push juveniles towards such behavior. This article will explore the evolution of juvenile justice legislation in India, initiating from The Children Act 1960 to the recent amendment, The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021. Citing landmark cases such as Nirbhaya case (2012), Shakti Mill rape case (2013) and Pune speeding car case. Additionally, this article also highlights the impact of new criminal law on the juvenile justice system. 

And it will also explain the causes behind delinquent behavior and role of community in preventing the delinquent behavior and measures that could reduce delinquent tendencies.

Juvenile, Justice, Delinquency, Evolution, Rehabilitation. 

Children are the future architects and valuable assets of any society and nation. The treatment and opportunities provided to them today will ultimately determine whether a country progresses or flatters in its aspirations. However, Juvenile Delinquency poses a significant threat to nations and their future. Juvenile delinquency is broadly defined as involvement of individuals under a certain age in illegal activities or violation of the law. This behavior is classified as delinquency including criminal or antisocial activities by those not considered as adults. Juveniles are individuals who, though held accountable for the criminal action under law, remain below the age of legal adulthood.

Global reaction has been triggered by the problem of adolescent delinquency. On the one hand, there are demands for better rehabilitation and assistance to young offenders in order to facilitate their reintegration into society. On the other hand, demand for stricter measures. The Juvenile Justice System priorities rehabilitation and reintegration of young offenders into society over punishment alone. These methods assist youth in changing their ways and making significant contributions to their communities. 

‘Child in conflict with law’ and ‘Child in need of care and protection’ are two types of juveniles recognized under the Juvenile Justice Act 2015. Creating a thorough rehabilitation support system is essential to giving these youth a second opportunity and lowering the probability that they will commit crime in the future. Teenagers that commit crime do so for a variety of reasons. Taking care of such issues can enhance and help people to become more useful for society. These methods will have positive effects on people’s lives in addition to helping society or the country.

This article aims at understanding the causes of the juvenile delinquency and role of the community in preventing the delinquent behavior among adolescents and explore measures that could be taken to reduce such behavior and provide insight about the evolution of the juvenile justice system supported by case law.

The information presented in this article has been primarily gathered from secondary data using both qualitative and quantitative techniques and sourced from various websites, articles, law books, surveys and publications. This approach ensures a better understanding of the factors that contribute to delinquent behavior, and the law related to the juvenile justice system. 

A Child is never born as a criminal. It is the surroundings and circumstances that shape their mindset and influence their behavior. These factors, whether external or internal, can lead them to engage in illegal and criminal activities. Ultimately contributing to the development of delinquent behavior in juveniles. Some research has shown that peer pressure is one of the key reasons for such behavior. Individuals who form relationships with positive and goal-oriented people are less likely to develop delinquent tendencies. While, on the other hand, juveniles who associate with peers lacking direction, objectivity are more likely to adopt harmful behavior, often leading to delinquency. 

Systematic discrimination also plays a crucial role. Minority or financially backward groups often face neglect and rejection as compared to others. Limited opportunity and socioeconomic challenges foster feelings of neglect and resentment, making juveniles more vulnerable to negative peer pressure and delinquent behavior. Family influence is another significant factor, a lack of emotional bonding within family can lead juveniles to feel rejected and develop low self-esteem. These psychological challenges could also arise from the outside factors such as trauma, exposure to family violence, which exacerbate delinquent tendencies.

In addition, genetics have also been linked to juvenile delinquency. studies that children raised by drug addicts and criminals are likely to adopt similar behavior. However, there are a wide range of factors that contribute to the development of delinquent behavior in juveniles and cannot be a single and straightforward factor that influences the delinquent behavior. Some of the follow as

Socioeconomic variable: one of the significant reasons for the development of delinquent behavior in juveniles is socioeconomic factors, Family issues like broken homes, single parenting, poor understanding among members and lack of emotional bonding creates an environment of instability and emotional distress, often leading juveniles to adopt delinquent behavior. Poverty is another crucial factor juvenile growing up in low-income households face a high risk of delinquency due to the lack of resources to fulfill their basic needs and aspirations. Economic pressure can compel teenagers to engage in antisocial activities to meet their demands. The lack of opportunities further divides the society into two segments: privileged, who have access to the better resources, and the underprivileged, who remain trapped in the cycle of poverty, often leading to frustration and resentment. Social stigma leads to the feeling of neglect and rejection, which perpetuate delinquent behavior. Furthermore, media and technology exposure to inappropriate programs or content that glorifies violence, crime, or antisocial activities can shape a juvenile’s worldview, leading them to mimic these behaviors.

Personal variable: Juveniles in late adolescence experiencing emotional instability, feeling of rejection or neglect, are more vulnerable to childhood risk factors. Such children are more likely to develop delinquent tendencies and behaviors. Acc. to the psychological perspective, exposure to physical violence modeled by adults increases the likelihood of exhibiting physical aggression in the future as compared to those who are not exposed. Often, individuals exhibiting such physical violence are themselves victims of similar experiences. Lack of love and affection, feeling of inferiority and emotional instability can foster delinquent behavior.

 The foundation for preventing crime, especially adolescent delinquency, is the community. Addressing the causes of delinquent conduct requires local communities to raise awareness and cultivate a feeling of shared responsibility. Young people are empowered to reach their greatest potential and avoid harmful influences as a result. Programs run by the community and joint initiatives with the police and NGOs are essential to protecting young people. in order to create a more goal-oriented and peaceful society, these projects concentrated on addressing the underlying problems, and identifying solutions. Reducing community violence requires both preventive measures and addressing areas that need immediate action. Adolescents who receive personalized counseling are able to overcome psychological obstacles and inferiority complexes.

 Personalized counseling is able to overcome psychological obstacles and inferiority complexes. It gives them the confidence they need to overcome obstacles. Additionally, family-focused counseling sessions are essential because they improve communication, fortify emotional ties, and foster a nurturing home atmosphere. A strong deterrence against delinquent behavior is a family dynamic that is systematic and connected. Family counseling, community support, and psychological intervention offers a comprehensive way to stop young people from committing crimes. These actions help youngsters develop resilience, a sense of responsibility and ability to discriminate between right and evil. One effective strategy for bringing about significant and long-lasting change is community mobilization. It establishes the foundation for developing a framework to stop juvenile delinquency and guarantee a safer future for everybody.

Key institutions such as Observation homes and Shelter homes are the integral framework which offers rehabilitation, care and protection to wellbeing and reintegration of valuable juveniles into society. Observation homes cater to children who conflict with the law, providing them with a safe and structured environment while they await judicial proceedings and aim to guide them toward positive behavioral changes.  While on the other hand, teenagers who have been abandoned, neglected or abused or victims of offenses are given protection from shelter houses. Ensuring a safer atmosphere and helping them to overcome obstacles. Both of these establish a safe environment for children and help them to live life to fullest and develop into responsible, contributing adults.

The juvenile Justice System has undergone substantial changes over time, to meet the needs of society. Prior to the 1960s there were no such laws regarding the rehabilitation of juveniles, the 1st legislation regarding the protection for children enactment of the Children's Act, 1960. It was replaced by the Juvenile Justice Act, 1986, which aligned with the UN Standard Minimum Rule for the Administration of Juvenile Justice (Beijing Rule, 1985). This reform was prompted by India’s commitment as a signatory to the UN Declaration of the Right of the Child, 1959. To address the gaps in the 1986 Act and strengthen Juvenile Justice framework, Juvenile Justice (Care and Protection of Children) Act, 2000 was enacted which introduced the maximum 3year detention period for juveniles and focused on rehabilitation and reintegration rather than punitive measures. The 2000 Act was amended twice- in 2006 and 2011, introduced speedy trials for juveniles involved in serious crime and focused on child victims of offences, including child trafficking and abuse. Which was finally replaced by Juvenile Justice (Care and Protection of Children) Act 2015, was further amended in 2021.

The circumstances that led to the replacement of the act include several cases which call for more effective efforts against the juvenile involved in serious crime. One of such cases was the Nirbhaya case (2012), the tragic Delhi gang rape case, in which a 23-year-old victim was brutally assaulted by six offenders, all the accused were charged with death penalty except the one who was six months away from turning 18. The Juvenile was convicted under the Juvenile Justice Act and sentenced to 3 years; the maximum penalty allowed under the existing act. Shakti Mills Gang Rape Case (2013) it involved the gang rape of a photojournalist in Mumbai by a group of men, including a juvenile. Both of these cases sparked widespread public outrage, fueling anger and frustration, which call for reform in existing acts. These factors paved the way for the replacement of the act and enactment of the Juvenile Justice (Care and Protection of Children) Act 2015. Which further introduced many changes. One of significant changes was any juvenile involved in any serious crime between the age 16-18 years to be tried as an adult following preliminary evaluation which extended to 3 months.

The Juvenile Justice (Care and Protection of Children) Act, 2015, was amended by the Juvenile Justice (Child and Protection of Children) Act 2021, to address rising concerns about juvenile crimes and rectify the systematic loopholes in the earlier legislature. Reports from recent years indicate a notable increase in the number of crimes by adolescents, which highlight the need for reform in the existing laws. Several key issues were identified, including the insufficient functioning of child care committees and institutions, ambiguities in the classification of serious and heinous offences and inadequate mechanisms for monitoring juvenile rehabilitation. To address these issues the amendment 2021 was enacted, to introduce significant changes and to resolve the ambiguities in the legal framework.

The constitution of India is the supreme law of the land. It encompasses fundamental rights, duties of citizens and structure and functioning of governmental bodies. Part III of the Constitution safeguards the fundamental rights and protects the basic human rights. Under part IV Directive Principle of State Policies, which provide guidance to the state in the formulation of the law, policies. Some of the rights and provisions related to women and children are protected and guaranteed under the Constitution.

1. Article 14- State shall not deny any person equality before law and equal protection of the law.

2. Article 15(3)- Empowers the State to make special provisions to address the needs of women and children.                                                                                                                                      

3. Article 21(A)-State shall provide free and compulsory education to all children between the age of 6 and 14.   

4. Article 23- Prohibits human trafficking and exploitation of human beings.

5. Article 24- Prohibits the employment of children into hazardous activities below the age of 14.

6. Article 39- Protection against all forms of offence or abuse against humans.

7. Article 47- duty of the State to increase the standard of living and improve public health.

When lawmakers draft provisions related to women and children, they ensure alignment with the provisions guaranteed under the constitution.

Total 31,591 Juvenile crimes were reported in 2018, with Maharashtra accounting for 19% of crime. Majority of crimes were related to the either human body or property, 92% of crimes were classified under Indian Penal Code. The main factors contributing to this high rate of juvenile crime were related to education and socioeconomic and others.

Pooja Gagan Jain v. State of Maharashtra, were a minor just 4 months away from turning 18, crashed a car into a motorcycle while under the influence of alcohol, resulting in the death of two civilians. Rather than taking action against the minor, bail was granted and the minor was instructed to write a 300-word essay on road safety. This decision sparked public outrage and fueled anger and frustration and highlighted the urgency for implementing effective and fair justice, and minors who commit such serious crimes should be held accountable. 

The new criminal law replacing old criminal law, has introduced significant reform to the juvenile justice system as well as enhanced protection for children and women. Chapter V of Bharatiya Nyay Sanhita (BNS) emphasized offences against women and children, making them gender neutral to ensure justice regardless of their gender. The new criminal law also prescribes stricter punishment and additionally incorporates new offences, such as sexual intercourse under false promising and by concealing identity. Provision to combat human trafficking and the sexual exploitation of children are also integrated. Furthermore, law marked a change in approach to juvenile justice by introducing community service as punishment. These reforms reflect the shift toward addressing the crime against the vulnerable population and strengthening the juvenile justice system.

Children are the successors who will one day wear the crown of nation and it’s our duty to ensure they grow in an environment of support, understanding and care. While various factors influence delinquent behavior, a stable, safe and peaceful environment is crucial for children as they grow, as the teenage years are especially formative. At this point in time, children are highly influenced by the father-like authority in their surroundings, and they tend to carry forward the behavior in the future. 

Conflict between law, ensuring justice to victims while protecting the rights of accused, juvenile. In some cases when a juvenile involved in serious crime or anti-social activities may evade strict punishment because of protection guaranteed under certain provisions. However, this conflict can be resolved by adopting a balanced approach, prioritizing rehabilitation while holding accountable for serious crime. Many effective measures could be taken such as reform in justice programs, involvement of parents, raising the awareness and educating about juvenile rights and justice.  

Education plays a crucial role in shaping the mindset of youngsters; It helps to foster the cognitive awareness and understanding of their consequences faced from their wrong actions. Personal counseling sessions will help the teenager to overcome psychological challenges faced by them, as most of the crimes committed by the juvenile are under peer pressure and family issues or financial instability. By providing education and giving employment opportunities among the juvenile, will empower them to break the cycle of delinquency.

Juvenile delinquency not only hampers the child’s future but also hinders national progress.  Child’s development is shaped by various elements such as family, social-economic condition and many more which influence the juvenile to adopt delinquent behavior. Addressing causes with the help of effective measures, community programs, speedy trials and creating a safer environment which will help them to overcome challenges. While the juvenile justice system in India has undergone significant reform, there remains the need for a balanced approach that emphasizes rehabilitation and reintegration in society rather than punishment but also making the juvenile accountable for the serious crime in case when the juvenile has the knowledge about the consequences of his actions, establishing the principle of fair justice.

1. The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, No. 23, Acts of Parliament, 2021 (India).

2. Mukesh & Anr. v. State (NCT of Delhi), (2017) 3 SCC 702 (India).

3. The Constitution of India.