NCJ Number
84222
Journal
Social Defence Volume: 17 Issue: 65 Dated: (July 1981) Pages: 20-31
Date Published
1981
Length
12 pages
Annotation
This paper reviews India's laws governing neglected and delinquent children and suggests that State laws be standardized and noninstitutional services expanded.
Abstract
In spite of public and private efforts, the rate of juvenile delinquency is increasing and its causes have not been identified. Concepts of delinquency vary, but a United Nations conference has recommended that definitions of delinquency generally be restricted to violations of criminal laws. Under Indian penal code, children under 7 years are exempted from criminal liability, as are children between 7 and 12 years who have not attained sufficient maturity to judge the consequences of their conduct. Several Indian States have enacted laws providing for the custody, protection, and treatment of children and youthful offenders. The central government passed the Children Act in 1960 for enforcement in the United Territories, covering neglected and delinquent boys under 16 years and girls under 18 years. Special features include separate processing for destitute and delinquent children, requirements that juvenile court and child welfare board members possess knowledge of child psychology, and mandatory presentence reports. Although the Act provides for separate detention facilities for children, many States still send juveniles to adult jails because remand homes are overcrowded and the juvenile court functions only a few days each week. The Children Act also envisioned special institutions for long-term care and aftercare services. Amendments in 1978 tried to address the Act's shortcomings in mandating different treatment for neglected and delinquent children. Because States still vary considerably in their attitudes and laws regarding juveniles, a uniform extension of the Children Act is needed. Tables showing implementation of the Children Act by State and references are included.