IN- SEMMESTER ASSIGNMENT

TOPIC - RTI APPLICATION- FIR ON CHILDREN BELOW 18

YEARS

SRN - 03FL22BCL033

PROGRAMME - B.Com .LL.B

SUBJECT - RIGHT TO INFORMATION

COURSE CODE - 21LCLL202

EVALUATOR’S SIGNATURE

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 CONTENTS

1. Right To Information Act, 2005

2. First Information Report

3. RTI on FIR

4. Understanding the Juvenile Justice System and Safeguards for Children Below 18
Years: An RTI Inquiry

4.1. Laws relating to Juveniles And How they are misused

4.2. Care and Protection of Children

5. Young caught in conflict with law

6. Issue of Repeat Offenses by Juvenile Delinquents

7. How Gangs Are Using Children to Commit Crimes

8. RTI Inquiry: Juvenile Justice System and Children Below 18 Years - Summary

ANNEXURE 1 - Acknowledgement of tranfer of RTI application

ANNEXURE 2 - Acknoledgment that I had visited the concerned authority

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 Right To Information Act, 2005

Until 2005, a common man had no access to information held by a public authority. Freedom of speech and
expression is guaranteed by the Constitution of India, nonetheless, citizen had no right to know about the
public policies of the government, therefore, unable to participate in public policies, planning and its
executions. Right to information has been recognized as constitutional right in all most all the developed and
under developing countries in the world; nonetheless a separate and elaborate legislation was required to
strengthen the same.

Right to Information Act, 2005 (herein after referred to as the Act) was passed by the Parliament as Act to
provide for setting out the practical regime of right to information for citizens to secure access to
information under the control of public authorities, in order to promote transparency and accountability in
the working of every public authority as stated in its preamble.

The word information has been defined under section 2(f) as any material in any form, including records,
documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports,
papers, samples, models, data material held in any electronic form and information relating to any private
body which can be accessed by a public authority under any other law for the time being in force.

An inclusive definition of 'right to information has been given under section 2(j).[5] Section 3 of the Act
declares that subject to the provisions of this Act, all citizens shall have the right to information. Section 4 of
the Act imposes duty upon the public authorities to maintain all its records duly catalogued and indexed in a
manner and the form which facilitates the right to information under this Act and disseminate information
which should be cost effective, given or published in local language and release in most effective mode of
communication.

Section 5 of the Act deals with administrative mechanism under the Act and provides that all administrative
officers of every public authority will designate Public Information Officers in order to provide information
to information seekers within one hundred days from the commencement of this Act.

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Section 6 of the Act requires the person seeking information to make a request in writing or through
electronic means in English, Hindi or in the official language of the area in which the application is being
made, accompanying such fee as may be prescribed, to the Central Public Information Officer or State
Public Information Officer, of the concerned public authority, and he is not required to give any reason for
requesting the information or any other personal details except those that may be necessary for contacting
him.

Section 7 of the Act requires the PIO to provide information within 30 days of the receipt of the request and
within 48 hours if the information ought for concerns the life or liberty of person, failing which it will
amount to refusal of the request.

Section 8 of the Act lays down the list of the information which are exempt from the ambit of application of
the Act and PIO is not obliged to give such information to anyone, thus right to get information under the
Act is not absolute right but subject to certain exemptions as provided in the present section.

Some of the such information are disclosure would affect the sovereignty and integrity of India, publication
is expressly forbidden by any court of law, commercial confidence. trade secrets, cabinet papers including
records of deliberation of the council of Ministers etc Section 9 provides the grounds of rejection of request
for information involving infringement of copyright subsisting in person other than the state.

Chapter III & IV, section 12 to 17 deal with the constitution, term of office, conditions of service and
removal of Information Commissioner, Deputy Commissioner, State Chief Information Commissioner or
State Information Commissioner of Central Information Commission and State Information Commission.

Section 19 of the Act provides right to appeal and states that any person who does not receive any reply
from PIO within specified time under sub-section (1) or (3) (a) of section 7 or aggrieved by the decision of
PIO, may prefer an appeal to officer senior to PIO within 30 days from the expiry of such period or from the
receipt of such decision.

Section 23 bars the jurisdiction of Courts from entertaining any suit, application or other proceeding in
respect of any order made under this Act except writ jurisdiction of the Supreme Court under Article 32 and
High Court under Articles 226. Section 24 excludes the certain organizations from the ambit of this Act

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unless the information pertaining to the allegations of corruption or violation of human right in these
organizations.

Case Laws:

State of U.P. vs Raj Narain case (1975) 4 SCC 428 (landmark case)

It was held that in a government of responsibility like ours, where all the agents of public must be
responsible for their conduct, there can be but few, secrets. The people of this country have a right to know
every public act, everything that is done in a public way, by their public, functionaries. They all entitled to
know the particulars of every public transaction in all its bearing.

People's Union for Civil Liberties vs Union of India (AIR 2004 SC 1442)

Justice S.B. Sinha and Justice B.M. Khare It was held that Right to Information is a facet of the freedom of
'speech and expression' as contained in article 19(1) (a) of the constitution of India. Right to Information,
thus, indisputably is Fundamental Right.

Govt. of India vs The Cricket Association of Bengal (1995) 2 SCC 161.

The Supreme Court says that, the freedom of speech and expression includes right to acquire information
and disseminate it. It enables people to contribute to debate on social and moral issues. Right to freedom of
speech and expression means right to education, to inform, to entertain and right to be educated, informed
and entertained. Right to telecast is, therefore, within the ambit of Article 19 (1) (a).

Apart from these leading cases there are many cases where a person's right to know and right to information
have been upheld. The purpose of discussing all these is to show that we already have right to information as
guaranteed by Article 19(1) (a) of the Constitution of India. Moreover, as an extended part of the freedom of
speech and expression, the right to know and to be known is our Fundamental right.

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 First Information Report

(hereinafter referred as “FIR”) is a report of a crime pertaining to cognizable offence filed

with the police to record and initiate the investigation process.
Youth Bar Association of India V/s. UOI & Others [W.P. (CRL) No.68/2016]
Facts of the case: A Writ of Mandamus was filed by the petitioner before the Supreme Court of India, to
direct the Union of India and the States to upload each and every FIR registered in all the police stations
within the territory of India in the official website of the police of all States, as early as possible, preferably
within 24 hours from the time of registration.

The Court entertained the Writ and issued the following directions:

a. An accused is entitled to get a copy of the FIR at an earlier stage than as prescribed under Section 207 of
the Cr.P.C.
b. An accused who has reasons to suspect that he has been roped in a criminal case and his name may be
finding place in a FIR can submit an application through his representative/agent/parokar for grant of a
certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee
which is payable for obtaining such a copy from the Court. On such application being made, the copy shall
be supplied within twenty-four hours.
c. Once the FIR is forwarded by the police station to the concerned Magistrate or any Special Judge, on an
application being filed for certified copy on behalf of the accused, the same shall be given by the Court
concerned within two working days. The aforesaid direction has nothing to do with the statutory mandate
inhered under Section 207 of the Cr.P.C.
d. The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining
to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should be
uploaded on the police website, and if there is no such website, on the official website of the State
Government, within twenty-four hours of the registration of the First Information Report so that the accused
or any person

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 RTI on FIR

Whether Particulars of FIR can be Disclosed under RTI Act?

Case name: Jiju Lukose v. State of Kerala (Kerala High Court, 2014)

In the case, a public interest litigation (PIL) seeking a direction to upload the copy of the FIR in the website
of the police station and to make available copies of the FIR to the accused immediately on registration of
the FIR was sought for. The Petitioner had alleged that inspite of the FIR being registered, the petitioner
received its copy only after 2 months. Till the petitioner could obtain a copy of the FIR, the petitioner and
his family members were in dark about the nature of the allegations levelled against the petitioner.

Petitioner’s further contended in the case that in view of the Right to Information Act, 2005 all public
officers were under obligation to put all information recorded in the public domain. The FIR which is lodged
is to be put on the website of the police station, so that anyone can assess the FIR including a person staying
outside the country.

Decision

The CIC in the case held that FIR is a public document, however, where an FIR is covered by the provisions
under Section 8(1) of the RTI Act, it need not be disclosed to the citizens till investigation is completed. But
it can be claimed by the Informant and the accused as per legal provisions under the Code of Criminal
Procedure, 1973 as a matter of legal right.

The provisions in the Code of Criminal Procedure, 1973 are specific to this effect, that is, the supply of copy
of FIR to the accused is contemplated only at a stage after proceedings are being initiated on a police report
by the competent Magistrate.

That application for copy of the FIR can also be submitted by any person under the 2005 Act. It is however,
relevant to note that whether in a particular application police authorities are claiming exemption under 8(1)
of the RTI Act is a question which has to be determined by the police authorities by taking appropriate
decision by the competent authority. In event no such decision is taken to claim exemption under Section 8
of the 2005 Act, the police authorities are obliged to provide for copy of the FIR on an application under the
RTI Act.

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 Understanding the Juvenile Justice System and Safeguards for Children Below 18
Years: An RTI Inquiry

Introduction

“There is no trust more sacred than the one the world holds with children. There is no duty more important
than ensuring that their rights are respected, that their welfare is protected, that their lives are free from fear
and want and that they grow up in peace” - Kofi Annan

Children are not only the future but also the architects of tomorrow's society. Thus, investing in their well-
being and development is crucial for shaping a prosperous and peaceful nation. With boundless potential and
energy, children represent a vast resource for nation-building. However, it is the collective responsibility of
society to nurture and guide them, channeling their potential towards constructive endeavors. Failing to
provide proper guidance may result in disruptive behavior, posing a threat to societal harmony. Therefore,
ensuring the proper upbringing and education of children is essential for fostering a thriving and resilient
society.

Laws relating to Juveniles And How they are misused

A ‘juvenile’ is a person who has not attained the age of majority. As per the Majority Act, 1875, the age of
majority in India is 18 years. However, where a guardian is appointed for the person or property of the
minor, the age of majority in India goes to become 21 years. a ‘child in conflict with law’ is a child below 18
years of age who is suspected or alleged of having committed a crime. The crime may be of any category
out of the three; petty offence, serious offence or a heinous offence.

The legislative regulation of ‘child in conflict with law’ can broadly be traced back to United Nations
Convention on Child Rights, 1990 at the international level and Apprentice Act, 1850 at the national level.
Since then, a plethora of laws, rules and conventions have been enacted both at the international level and
national level to provide ‘care and protection’ for children along with protecting ‘child in conflict with law.’
Tracing the history of legislations at the national level, after the Apprentice Act, 1850 which required that
children between the ages of 10-18 convicted by courts be provided vocational training as a part of their
rehabilitation process, it was transplanted by the Reformatory School Act, 1897 and later by the Children act,
1960. Moving further, Juvenile Justice Bill was first introduced in Lok Sabha 1986 and the Juvenile Justice
Act was enacted. Thereafter came the Juvenile Justice Act, 2000. Thus, presently children alleged and found
to be in conflict with law and children in need of care and protection are governed by Juvenile Justice (Care
and Protection of Children) Act, 2015.

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Before delving into the in-depth analysis of the increasing crimes by juveniles and the categorization of 16-
18 years of juveniles as a separate class it is pertinent to understand the reasons which lead to increasing
involvement of child in crime. The fundamental reason for a child coming in conflict with law is failure to
provide child with care and protection at the nascent stage of their life. Accounting further reasons for a
child coming in conflict with law are socio-economic factors. A child is denied basic health, shelter, care
and protection. Moreover, they have little or no access to education. Substance abuse may also be accounted
as another reason. Physical abuse at home and the lack of moral guidance and adult interaction with children
at a young age culminates into violent tendencies when they grow older. With the digital age, the age of
maturity has decreased meaning thereby that children have started maturing at an early age and exposure to
wide variety of things at an early age without proper guidance makes them vulnerable and thus they waive
from their path. All this combines together and makes them vulnerable to abuse and violence. Hence,
increasing juvenile crimes.

Increasing heinous or sexual crimes by juveniles and the age of adulthood has been a bone of contention for
many since the passing of the Juvenile Justice (Care and Protection of Children) Act, 2000. The genesis of
this proposed amendment with respect to the age bracket of 16-18 years can be traced back to the gory
Nirbhaya gang rape case wherein the most brutal accused was just six months short of eighteen years
because of which he was tried as a juvenile and let free. To address this growing menace of violence by
children in the society a new bill was introduced with the proposed amendment of classifying offences into
petty, serious and heinous offences. Further, it also proposed that a child between the age of 16-18 years of
age committing a heinous crime can be tried under the provisions of Criminal Procedure Code, 1973
provided the Juvenile Justice Board on the preliminary assessment is convinced that the mental and physical
capacity of the child was such that he could have committed that crime.

In light of this we now delve into analysis of the provisions of Juvenile Justice (Care and Protection of
Children), 2015 wherein a child in conflict with law between the age of 16-18 years shall be tried under the
provisions of criminal procedure code, 1973. The main purpose of this act is to strike a balance between
reformation of the delinquent child and punishment for children who commit crimes that shake the
conscience of society. The age of adulthood has been presumed to be 16-18 years under the present Act. The
rationale behind punishing those who commit the heinous crimes is that since they have attained sufficient
maturity and understanding to do such gory acts there is no justification for not trying and punishing them as
adults. A line of argument follows that this is in contravention of the provisions of United Nations
Convention on Child Rights because under this convention it is provided that a juvenile is a person below
the age of 18 years. However, a child shall be considered a child when it has the innocence of child.

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The activities that a child involves in and the offences that he commits goes on to prove that the child is no
more an innocent child and the classification and making a bracket of a particular age would act as a
deterrence so that children refrain from engaging in such acts. Further, it needs to be understood that per se
the child in conflict with law is not tried and treated as an adult. It becomes the responsibility of the Juvenile
Justice Board to do the preliminary assessment and if the Juvenile Justice Board is satisfied on the
preliminary assessment that the child in conflict with law had the mental and physical capacity and
understanding to commit crimes of heinous nature only then can they be tried as adults. As far as the
punishment and keeping of such offenders go, the Act makes quite remarkable provisions in the sense that
the child shall be moved to regular jails only when the sentence does not before he attains the age of 21
years. This makes the Act a fair balance of reformation and punishment.

Another line of argument that follows is whether the provisions of Juvenile Justice (Care and Protection of
Children), Act, 2015 are violative of the constitutional provisions. The constitutional provisions that are
argued to be violated are Article 14, the right to equality, Article 20(1), the right not to be punished for an
act which was not an offence when it was done and Article 21, the right to life and personal liberty. The
classification of children between the age of 16-18 years as a different class is a reasonable classification.
There’s a nexus between the object of the Act i.e., to make a well-equipped law to address the increasing
crimes by juveniles between 16-18 years of age and the provision which has been enacted. Thus, this
establishes the fact that the classification is a reasonable classification, hence, not violative of Article 14.

Whether the amendment violates Article 21 of the Constitution or not is to be contemplated upon. Article 21
states that ‘no person shall be deprived of his life and personal liberty except according to the procedure
established by law’. This shows that a person can be deprived of his life and personal liberty if it is in
accordance with the procedure that has been established by law. the amendment and the Juvenile Justice
(Care and Protection of Children) Act, 2015 have been enacted by following the due process and any child
who is deprived of his life and liberty will be deprived only in accordance with the strict procedure that has
been established by this Act. Thus, the violation of Article 21 of the Constitution by this Act stands vitiated.

Coming to the third argued violation is violation of Article 20(1) of the constitution. Article 20(1) states that
a person cannot be punished for an act which was not an offence at the time of doing that act even when that
particular act was made an offence subsequently. This means that the law applicable to a crime is a law that
existed at the time of committing that crime. The juvenile justice (Care and Protection of Children) act, 2015

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provides that if a child is arrested before 21 years of age, he can be tried as an adult on the satisfaction of the
juvenile justice board that the child was capable of committing such a heinous crime. The reconciliation and
harmonizing these two provisions is not an easy task. The dichotomy remains that at the date of the crime
the person was a juvenile. In that case, he should be treated as a juvenile at par with other juveniles and the
mere fact that the person was arrested later cannot aggravate the crime and warrant greater punishment.
Thus, this is paradoxical and if not now, later it will be for the courts to find a balance and harmonize these
two conflicting provisions.

Care and Protection of Children

Juvenile Justice (Care and Protection of Children) Act, 2015 is an enactment which focuses on the
restoration and reformation of children. The intent of the legislature is not just to punish the wrong doer but
also to reform the juvenile in such a way so as to make its integration in the mainstream society feasible on
release from reformatories or observation homes or after care homes. To prevent the misuse on the basis of
apprehension apt safeguards have been provided in the Act itself with the establishment of Juvenile Justice
Board and child welfare committees at the district level. The concept of ‘doli incapax’ i.e., a child below the
age of seven years is incapable of committing a crime has been followed in the true sense. Further, the
concept of ‘doli capax’ i.e., a child between the age of seven to twelve is generally not held guilty of any
crime unless there’s sufficient proof that he has had the maturity and understanding to understand the
consequences of this act. This too has been taken care of in the present Act. Also, this present Act is in no
way violation of the United Convention on Child Rights in the sense that despite the convention declaring
the age of juvenile as 18 years is it gives the freedom to the ratifying countries to contextualize law and
develop law keeping in mind the socio-economic and cultural factors of the particular nation.

Juvenile crimes are a harsh reality in our country. In light of increasing crimes by juveniles it becomes the
mandate of the state and the district authorities to ensure the effective implementation of the laws because
mere making of the laws will not serve the purpose unless it is effectively implemented and it actually helps
in reducing rising crime by juveniles. Lowering the age of juvenile only won’t serve the purpose of
eradicating crime from society. It would only mean that 25% of the population which roughly amount to 40
crore people who are below 18 years of age are under the threat of being punished and tried as an adult if
they commit a heinous crime. But the current scenario demands such a stringent law so as to curb the
menace of juvenile delinquency in the society. Also, we need to understand that merely making laws will
not do the needful. We need to have a holistic approach and look at several factors that lead to making a

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child in conflict with law. We need to start working on a fighter level before it gets too late for child is the
father of the man and also he is the future citizen of the nation.

Young caught in conflict with law

Most welfare schemes of the government hardly reach the youth, thus pushing them to crime

BENGALURU posts highest number of murders committed by juveniles in south Indian metros IN 2022,
data reveals.

According to the latest data from the National Crime Records Bureau (NCRB), crimes committed by
juveniles in Bengaluru have been on the rise each passing year. The city recorded 200 crimes committed by
juveniles in 2022, a 16% increase from 171 cases registered in 2020. Bengaluru now ranks third in south
Indian cities in crimes committed by children.

The data showed that 13 juveniles were booked for attempt to murder (section 307 IPC). Bengaluru,
according to the data, has the highest number of murders (section 302 IPC) committed by juveniles in the
metropolitan cities of south India with eight murders in 2022.

The number of murders in Bengaluru is significantly higher than the number of murders in other cities, such
as Chennai (5) and Hyderabad (3). The NCRB data highlighted, most of the crimes committed by the
juveniles were linked to theft and robbery. Last year, the city saw 34 theft cases by children, followed by 29

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instances of robbery and four relating to making preparations for committing dacoity. Bengaluru recorded
75 cases of juveniles committing offences against property. The city ranks fourth in the country for rash
driving by juveniles, resulting in 18 registered cases. Three cases were recorded of assault on women by
juveniles with intent to outrage modesty.

Kiran Jeevan, professor of social work at St Joseph’s University, said class divisions in society and the
influence of social media on everyday life are major reasons behind the spike in juvenile crime rate.

“In today’s world when capitalism influences our life and choices, children are subjected to the class divide,
making them believe that maintaining a certain lifestyle is the only way forward. I have seen children
demanding expensive things from their parents, because they saw somebody else use it despite knowing that
their parents can’t afford it. This leads to instances where children are caught shoplifting or being engaged in
theft to get money,” he said.

Jeevan added, “today’s children are exposed to social media, where one can’t always regulate what media
the child is consuming. There are videos on the internet that might show that violence is not a bad thing, or
the child might be exposed to content which is not suitable for their age.”

In total, in 96.2% cases registered in Bengaluru, the juveniles in question were found guilty; of these
juveniles, 73 children have been sent to special homes and 293 were apprehended during the year 2022.

Among the apprehended, 17 children had no access to education; 25 are homeless. The data showed 257
children were living with their parents and the majority had completed their primary education.

Police officials told stated that they have been registering a high number of FIRs on juvenile crimes over the
last few years and that they see youngsters involved in both serious and non-serious offences also rising in
the State and Bangalore. This is also the trend in other major metros. Juvenile crime, police say, is a massive
urban issue in the country.

Bangalore and other metros have been seeing youth under 18 involved increasingly in serious offences
compared with non-serious offences, the official points out. “Youth under 18 are involved in crimes such as
rape, murder, attempt to murder and stabbing. Their involvement in non-serious offences in any case has
been persisting. In the Nirbhaya rape case, it was an under-18 youth who was the most severe and aggressive
attacker. Such crimes are clearly on the rise. We see rape reported almost every day in newspapers. And
there may be many incidents that go unreported. Clearly, there is no doubt what urbanisation has done to
people, families particularly. The economically weak suffer the most, not only in terms of their living
conditions but also in terms of losing their children to the world of crime.”

The FIRs indicate the volume of offences, but how many do actually turn into trial cases? Police say the
conversion rate of FIRs into cases that actually go to trial is around 60-70 per cent. Even then, the volume of
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crimes is high. The worry is children deserting their homes, losing their way, becoming labourers and slowly
gett-ing entangled in criminal activities. Delinquency is not new. It exists even in adva-nced countries such
as the United States. Haven’t we witnessed shooting sprees in the United States? Where there is
concentration of wealth and inequality, crime is high there. And the increasing population, too, is leading to
a rise in the number of youth on the streets. Street children are particularly impacted. While an overall study
of juvenile delinquency has not been undertaken by the State government or the police, a study on a smaller
scale, and one that is representative has been conducted by a non-governmental organisation –
Empowerment of Children and Human Rights Orga-nisation (ECHO).

ECHO-Centre for Juvenile Justice has been working since the year 2000 with children in conflict with the
law and those in need of care and protection under the Juvenile Justice (Care and Protection) Act, 2000 (JJ
Act 2000). It is the only organisation in the country, authorised by the State government to run
independently special homes for children in conflict with the law. In the course of administration of special
homes, ECHO conducted a study among 2,500 children to understand the causes of juvenile crime. ECHO
came up with a variety of findings.Dr Antony Sebastion O Praem, advocate and Executive Director of
ECHO-Centre for Juvenile Justice, says their study found that 73 per cent of the juveniles involved in crimes
belonged to the age group of 16-18 years. “Among the serious offences, murder is the category that was
found to be the highest (16 per cent), followed by attempt to murder (5.62 per cent), and rape (3.75 per cent).
We found rape has not fallen in the highest category of crimes committed by juveniles.”

“Nearly 94 per cent of the juvenile children do not have proper and adequate parental care, which is due to
acute poverty and lack of welfare mechanisms. Broken homes and families, lack of social security, parental
irresponsibility and a steep rise in divorce rates, desertion and separation are all contributory factors pushing
children to commit offences,” says Praem.

Economic stress is high among the majority of families with children in conflict with the law. The study has
shown that 89 per cent of such children come from poor financial backgrounds. Their impoverishment, says
the study, compels them to take up petty labour that fetches them a meagre income. In search of work, or in
the course of being engaged in petty jobs, these children get in touch with criminal gangs or anti-social
groups and gradually get involved in crimes. ECHO’s assessment is that most of the welfare schemes of the
government intended for the poor and vulnerable sections of society have not benefited or reached a
majority of the youth.

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 Issue of Repeat Offenses by Juvenile Delinquents

In the realm of criminal justice, the issue of repeat offenses by juvenile delinquents remains a persistent
challenge that demands urgent attention and comprehensive solutions. As highlighted in recent discussions,
juvenile offenders are often caught in a vicious cycle of crime, where their initial transgressions pave the
way for a lifetime of criminal behavior. It is imperative that we delve deeper into the root causes of this
phenomenon and explore effective strategies to break this harmful cycle.

One of the key factors contributing to the recurrence of offenses among juvenile delinquents is the lack of
adequate rehabilitation and support mechanisms. Unlike orphans who receive nurturing and guidance to
become productive members of society, juvenile offenders are often left to fend for themselves within the
confines of remand homes or juvenile detention centers. Without proper intervention and support, these
young individuals are at risk of falling back into a life of crime, perpetuating the cycle of delinquency.

Moreover, the stigma and lack of empathy towards juvenile offenders exacerbate their situation, pushing
them further towards a path of criminality. Despite being victims of unfortunate circumstances themselves,
juvenile delinquents are often treated with disdain and ostracized by society. This lack of understanding only
serves to alienate them further, making it difficult for them to reintegrate into mainstream society and
leading to a higher likelihood of recidivism.

Furthermore, the prevalence of stress and mental illness among juvenile delinquents underscores the urgent
need for holistic rehabilitation efforts. Many of these young individuals suffer from severe depression and
psychological trauma, making it challenging for them to make positive choices and break free from the cycle
of crime. Without access to proper mental health support and counseling services, they are left vulnerable to
the influence of criminal elements and the lure of easy money.

It is essential that we adopt a more compassionate and proactive approach towards addressing the issue of
repeat offenses by juvenile delinquents. Instead of focusing solely on punitive measures, we must prioritize
rehabilitation and reintegration programs that empower these young individuals to make positive changes in
their lives. This includes providing access to education, vocational training, and mental health support, as
well as fostering a supportive environment that encourages their personal growth and development.
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Additionally, efforts to destigmatize juvenile delinquency and promote empathy towards these young
individuals are crucial in breaking down barriers to their reintegration into society. By recognizing their
inherent worth and potential for redemption, we can create a more inclusive and supportive environment that
encourages them to pursue a path of rehabilitation and positive change.

In conclusion, addressing the issue of repeat offenses by juvenile delinquents requires a multi-faceted
approach that addresses the root causes of their behavior and provides them with the support and resources
they need to break free from the cycle of crime. By investing in their rehabilitation and fostering a more
compassionate and understanding society, we can empower juvenile offenders to overcome their past
mistakes and become productive members of society.

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 How Gangs Are Using Children to Commit Crimes

In recent years, a disturbing trend has emerged in various parts of the world: criminal gangs are exploiting
vulnerable children to carry out their illicit activities. From petty thefts to acts of violence, juveniles are
being lured into a life of crime, often with promises of money and luxury. This exploitation highlights not
only the moral depravity of these gangs but also the systemic failures in our justice and welfare systems.

One of the most egregious examples of this phenomenon occurred in Delhi, India, where four juvenile
contract killers were apprehended for attempting to murder an alleged gangster in broad daylight at a district
court. These juveniles, chosen specifically for their age and the leniency of the law towards them, were
aided by adult accomplices who drove them to the scene of the crime. The incident shed light on a larger
pattern of gangs using children to commit crimes, taking advantage of their vulnerability and
impressionability.

The Juvenile Justice Act, intended to protect and rehabilitate children in conflict with the law, has
inadvertently become a tool for gangs to exploit. Under this act, juveniles accused of criminal acts are given
access to protection, treatment, and rehabilitation, rather than facing jail time. This leniency has emboldened
criminal gangs to recruit children as young as ten or eleven years old, knowing that they will face minimal
consequences for their actions.

Organized gangs employ various tactics to manipulate and control these children. Some provide them with
food, shelter, and even drugs or alcohol in exchange for their participation in criminal activities. Others prey
on their vulnerabilities, such as poverty or neglect, promising them a way out of their dire circumstances
through easy money and luxury.

These children, often referred to as "knock-knock gang" members or "kabadiwalla gang" associates, are
trained to carry out specific tasks, such as distracting drivers at traffic intersections or committing petty
thefts. When apprehended, they often claim to be victims themselves, citing abuse or neglect as reasons for
their involvement in criminal activities.

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Despite efforts by child rights advocates and activists to address this issue, including filing petitions and
raising awareness, the exploitation of children by criminal gangs persists. The lack of proper implementation
and regulation of the Juvenile Justice Act, coupled with institutional apathy towards the plight of these
children, has created a breeding ground for criminal exploitation.

It is imperative that governments and law enforcement agencies take decisive action to protect vulnerable
children from falling prey to criminal gangs. This includes strengthening the enforcement of existing laws,
increasing resources for child welfare and rehabilitation programs, and providing greater support to at-risk
communities.

Furthermore, society as a whole must recognize the inherent dignity and worth of every child and take
collective responsibility for their well-being. By working together to address the root causes of child
exploitation, we can create a safer and more just world for future generations. The exploitation of children
by criminal gangs is not just a crime against individuals—it is a crime against humanity, and it demands our
urgent attention and action.

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 RTI Inquiry: Juvenile Justice System and Children Below 18 Years

Introduction :

I had filed an RTI (Right to Information) inquiry to gather information regarding various aspects of the
juvenile justice system and the support mechanisms available for children below 18 years in conflict with
the law. The inquiry aimed to shed light on the number of FIRs filed against minors, legal support provided,
safeguards against misuse of minimum punishment rules, rehabilitation programs, protection of children's
rights during legal processes, efforts to improve the juvenile justice system, and pertinent socio-economic
factors contributing to juvenile delinquency.

Key Questions in the RTI Inquiry:

1. Number of FIRs filed against children under 18 in the last five years and outcomes.

2. Legal support provided to children under 18 in conflict with the law.

3. Safeguards in place to prevent misuse of minimum punishment rules.

4. Rehabilitation programs available for children under 18 involved in criminal activities.

5. Protection of rights and best interests of children under 18 during legal processes.

6. Efforts made by stakeholders to improve the juvenile justice system.

7. Percentage of children in poverty.

8. Number of repeated offenders found.

9. Whether the children were part of any gang.

Response to RTI Inquiry:

Initially, the inquiry was transferred to the Office of the Deputy Director, Department of Women and Child
Development. However, upon contacting them, it was clarified that the inquiry did not fall under their
jurisdiction. Subsequently, the Commissioner's office was approached, but they claimed not to have received
the application.

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Upon further inquiry, an officer provided some general insights. Approximately 40 to 50 FIRs are usually
registered against children below 18 years, with adherence to legal procedures outlined in the Juvenile
Justice Act. Most children in conflict with the law are taken to rehabilitation centers or Child Welfare
Committees (CWC). It was noted that many offenders were unaware of the consequences of their actions.

A significant portion of juvenile offenders are repeat offenders, often committing crimes across different
police jurisdictions. About 60% of them fall into this category. Poverty emerged as a prominent factor
contributing to juvenile delinquency, driving minors to engage in criminal activities such as theft and chain-
snatching. The government's provision of free legal aid often results in quick bail for accused children.

Conclusion:

The RTI inquiry provided valuable insights into the juvenile justice system and the challenges faced by
children below 18 years in conflict with the law. Socio-economic factors such as poverty and lack of
awareness were identified as significant contributors to juvenile delinquency. Efforts to improve the system
and address underlying issues are essential to ensure the well-being and rehabilitation of juvenile offenders.

RECOMENDATION:

It is imperative to initiate early intervention programs targeting at-risk children. These programs should
focus on identifying vulnerable individuals and providing them with necessary support and guidance to
prevent their involvement in criminal activities. By intervening early, we can address underlying issues and
steer children towards positive pathways, ultimately reducing the likelihood of their engagement in
delinquent behavior.

Community outreach programs play a vital role in raising awareness about the consequences of juvenile
delinquency and the support services available for children in conflict with the law. Strengthening and
expanding rehabilitation services for juvenile offenders is essential for their successful reintegration into
society. Rehabilitation programs should encompass vocational training, counseling, educational
opportunities, and psychosocial support tailored to the individual needs of each child.

Targeted interventions should be developed to prevent children from joining gangs and engaging in gang-
related activities. These interventions may include community-based mentorship programs, alternative
recreational activities, and peer support networks. By addressing the underlying factors that drive gang
involvement, we can protect children from exploitation and provide them with opportunities for positive
socialization and personal growth.

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ANNEXURE -1

ANNEXURE - 2

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