Juvenile Delinquency Problems and Perspective

• NCJ Number: 79057
• Journal: Social Defence Volume: 16 Issue: 61 Dated: (July 1980) Pages: 18-27
• Author(s): S K Bhattacharyya
• Date Published: 1980
• Length: 10 pages
• Publication Format: Article
• Publication Type: Historical Overview
• Language: English
• Country: India
• Note: Based on a paper presented at the National Seminar on Delinquency Control, New Delhi, March 13-15, 1980.

Annotation

Citing child-related legislation of the colonial period and juvenile justice provisions after independence from British rule, this essay provides a historical perspective on the problem of juvenile delinquency in India.

Abstract

During 1976, a total of 36,655 crimes were committed by juveniles in India, which constituted 3.4 percent of the total crimes for that year. During British domination, legislation relating to children followed the rules of England, where early in the 1800's very severe punishments were awarded to children for petty offenses. The deplorable plight of such offenders eventually led to legislation that separated juvenile from adult institutions. Similar children acts passed by some Indian States in the 1920's provided for the custody, treatment, and training of children who broke the law. In independent India, States' laws are not uniform in their definition of 'children,' the upper age limit being 16 in some States and 18 in others. The children acts created juvenile courts to exclusively deal with youthful offenders not as criminals, but as wards of the State requiring care and protection. While the juvenile court deals with delinquent children, destitute ones are handled by the Child Welfare Board. A child cannot remain in police custody longer than 24 hours, and most children acts have a ban on the presence of lawyers in juvenile court. For detention of the child, the children acts provide for remand/observation homes as places of safety. Children institutionalized by a juvenile court ruling go to facilities with good physical care, psychological services, literacy classes, and crafts training. Some Indian States have aftercare services for juveniles released from institutions. The laws also stipulate that children be institutionalized in their home State, where the cultural surroundings are familiar. Noninstitutional agencies operate in some communities and serve a delinquency prevention function. Four Indian States still have no children acts and in others, the legislation needs to be better implemented.