Juvenile Crime -
Arguments in favour:
●There has been a steep rise in serious crimes involving youth of 16-18 years of age and the age factor had been used as an escape from the criminal prosecution.
●It has been found that the juveniles of 16-18 age groups are involved in serious crimes and they are doing such criminal acts with full knowledge and maturity.
●Thus, while trialling juveniles, juvenility should be decided on the basis of state of mind and not the state of body solely.
●Also, to have a deterrent effect it was necessary to amend the existing law.
Arguments in opposition:
◆The critics are of the view that the root of the problem needs to be addressed instead of punishment. It is not only the responsibility of the child that he/she has committed such heinous crimes but also the responsibility of the society and the government which has failed to provide healthy childhood to the child and let them drift towards criminal activities.
◆Before punishing, it should also be taken into consideration whether there are no possibilities that the child would be reformed, and whether there are chances that the child comes out as a more toughened criminal after spending years in adult jails.
Causes of Juvenile Delinquency:
Juvenile delinquency is fostered by a wide range of factors which include:
●Poverty: Poverty is one of the major reasons for juvenile delinquency. Juveniles indulge themselves in delinquent acts in order to meet and satisfy the primary wants of their life.
●Family: It has been widely accepted that families of delinquents are characterized by discords, desertions and other problems.Such families have been pointed out as one of the main causes of delinquency.
●Neighbourhood:The immediate environments of a child also affect the trend he will adopt in connection with his personality. Juvenile delinquents largely belong to areas of poor living conditions.
●Factors related to Mental Health: various mental health factors contribute to juvenile delinquency. For example: Conduct disorder.
●Virtual world:Constant exposure to aggression – verbal and physical – on television news, videos and games also contributes to increasing juvenile delinquency.
●Substance Abuse: there is a strong relationship between substance abuse and juvenile delinquency.Substance abuse is associated with both violent and income-generating crimes by youth.
●Bad Peer Group: Juvenile delinquency is often caused or worsened by peer pressure.
Issues and Challenges with Juvenile Justice in India
◆Term of sentence:There is no logical or scientific reason which shows that total and complete rehabilitation can be achieved by a child in conflict with the law within a maximum period of three years.
●Post completion of term and aftercare: Absolute lack of implementation of the provisions of the JJ Act after a juvenile completes his sentence is a major concern. India’s massive population makes it impossible to track and ensure that a juvenile once released continues with his therapy or even reports regularly to his parole officer.
●Juveniles in Adult jails:National Commission for Protection of Child Rights (NCPCR), a number of probable juveniles are found in adult jails. Further, the police subvert the guidelines of JJ Act and lodge juveniles into adult jails.
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