FEMALE JUVENILE DELINQUENCY: A STUDY OF

GIRLS IN TWO INSTITUTIONS OF DELHI

Thesis submitted to the Jawahar Lal Nehru University in

fulfillment of the requirements
of the award of the degree of
DOCTOR OF PHILOSOPHY

SAUMYA SHANKER

CENTRE FOR THE STUDY OF SOCIAL SYSTEMS

SCHOOL OF SOCIAL SCIENCES
JAW AHAR LAL NEHRU UNIVERSITY
NEW DELHI-11 0067
INDIA
2011
1 Theoretical Perspective on Control ofJuvenile Delinquency
2 lnternationallnitiatives for Preventing Delinquency
3 Preventing Delinquency in India
4 Specific Recommendations for Preventing Girl Child Delinquency
5 Programming Recommendations
6 Limitations of the Study
7 Relevance of the Study
8 Further Research

The term "Delinquency" is used for a wide variety of youthful behaviour considered
deviant. As the notion of deviance itself varies m space and time, juvenile
delinquency does not provide a precise meaning to be universa11y acceptable.
Undoubtedly, the concept is closely related to cultural norms prevalent in a society
and the perception of the type of behaviour designated as such. There is also a
tendency in every society to bring within the ambit of delinquency prevention
strategies even such patterns of juvenile mal-adjustment as would not be deemed as
anti-social when committed by adults.

Thus, delinquency prevention efforts centre around a wide range of activities and
programmes for the welfare of children and young per.sons, not merely ones
specifically designed to forestall conditions responsible for the causation of the
problem or the services initiated for the recovery, re-education and rehabilitation of
those in conflict with law but also the measures which tend to protect and promote
their interests and general well-being. Such a perspective naturally requires the
prevention of juvenile delinquency to be considered as an integral component of the
national planning for human resources development, with various social services
including health, education and social welfare becoming vita11y important.

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But to think that a well developed and integrated approach towards delinquency
prevention, catering to the requirements of various categories of children in need of
care and protection, whether recognised as delinquents or found endangered, would
solve the problem may be highly unrealistic. Or that in view of the situations of stark
deprivation contributing most to the causation of delinquency, an overall
improvement in living conditions would eliminate the problem may be equally
illusory. While socio-economic development might prevent delinquency in it's certain ·
forms like, truancy, vagrancy and begging among children, it is likely to generate
several new dimensions, more intense and volitional in nature.

Though a planned development balancing both its econom1c and social aspects
considerably minimizes the chances of personal disorganisation, development per se
could not be taken either as a remedy or a precursor of delinquency. A rational
thinking, rather than hoping for eradicating problem, has to rely on a full range of
preventive programmes, thoughtfully conceived and implemented as part of social
action consonant with the existing level of socio-economic development in a
particular country.

A comprehensive strategy for delinquency prevention inevitably extends beyond the

juvenile justice operations and gets into the system in which the child is born and
grows. In this process, the immediate environment of the child, consisting of the
family~ the school and the neighbourhood, is of profound significance. In the wake of
industrialisation, urbanisation and modernisation, the role of the family as the
principal transmitter of social values and as an instrument of social control, appears to
have been increasingly eroded in many countries.

In India, though deviance among children is still largely dealt with through informal
means of social control, the socio-economic transition resulting into a large-scale
migration from rural to urban areas mostly in search of gainful vocations, tends to
disrupt and undermine the stability of the institution of family. The deteriorating

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nature of inter-personal relationships with the family, the weakening of re"ligious and
conventional values to maintain its integrity, and the changing social attitudes towards
sex and morality, can be seen among the factors contributing to the rise in juvenile
delinquency. ~n analysis of the conditions associated with the problem would clearly
reveal that broken homes, lack of parental care, discordant relationship between
parents, anti-social family influence, etc., are the most potent. It is, therefore,
universally realized that efforts to prevent juvenile delinquency, both by way of social
justice to children in need of care and protection, and specialized services to wean
them away from criminogenic situations can be most effective if provided through the
family.

Next to the family, the educational system plays a dominant part in determining the
course of the development of children and young persons. The school environment
can influence the child either way. It can help him to realize his full potentials and to
maximize his talents, and, in the eventuality of his being unable to do so, can also be a
cause of conflict, frustration and social maladjustment. The significance of the
educational system can be realized from the fact that, despite a faith in its
socialization function, the school is, sometimes, accused of becoming a possible
source of juvenile delinquency.

In view of the impact of school relationship on the emotional and social maturation of
children and young persons, there is a widespread awareness to induct delinquency
prevention measures within the general framework of the educational system.
However, the educational system in developing countries is often caught in a kind of
dilemma. On one side, education is being expanded as a vital sector of national
development, on the other, the constraints of resources, shortage of manpower and
lack of educational material often lead to sub-standard institutions, not fully capable
of meeting the needs of children and young persons in the background of a changing
social scene.

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There is no dearth of material exhorting the need of community participation in the
prevention and control of juvenile delinquency. What really lacks is the knowledge of
the manner in which the community can be most purposefully involved in this sphere.
The effectiveness of the family and the school, as agencies for control and
socialisation of children is considerably dependent on the support and assistance of
the community as a whole. When the family atmosphere is not fully equipped to deal
with the special problems of children, the community has to assume a basic
responsibility to provide mechanisms for the mainstreaming of erring children.

In various countries, diverse community groups, including professional organisations,

academic bodies, public and private agencies, etc. make a valuable contribution to
delinquency prevention at the community level. The community service systems are
certainly found more beneficial when administered without invoking legal sanctions
and in a manner that enhances the central role of the family. The State has, however, a
duty to ensure that only such modalities of community participation are fostered and
developed as are socially protective rather than being socially disruptive.

The Juvenile Justice System in India reflects many of the social characteristics of the
Indian society. Juveniles in families, schools, and in justice institutions are still
handled harshly for their deviant and illegal misconduct, and even for their failure to
measure up to adult expectations and demands. Physical abuse of children is very
common in justice institutions. The police and officials of the custodial and
correctional institutions often cover up their abuses.

The general public has become accustomed to occurrences of such abuses to both
juveniles and adults, and has come to tolerate them. There is a great danger if the
police, who desire the legal system to become more inquisitorial, have their way,
especially in the context of growing democratic fervor. This would thwart efforts at
making the Juvenile Justice System fair and just. The higher level legal institutions,
such as the courts, need to provide the leadership in facilitating the training of the

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police and other juvenile justice personnel and to process complains made against
them diligently and quickly.

Before the British rule, Hindu and Mohammedan laws were in force in India. None
of those laws has nay specific reference to juvenile delinquents. There were, of
course, certain ethical codes concerning treatment and training of children. During
the Moghul period, the Koranic precepts were mainly followed in dealing with any
kind of anti-social behaviour.

In the beginning of the latter half of the nineteenth century, the Government of India
felt the need of enacting laws pertaining to children. In 1850, the Apprentices Act was
passed as an all-India measure. It provided for dealing with children between the
ages of 10 and 18 years who had committed petty offences or were destitute. This act
authorized magistrates to commit such children as apprentices to employers with
provisions for controlling the relations between them. The objective of the Act was to
divert the misdirected energies of juvenile offenders towards learning of some trades
so that they might eke out a living on their own after completion of training.

Then, the Indian Penal Code 1860 the first important codified law of the land was
introduced. Sections 82 and 83 of the Code relate to juvenile offenders by defining
the lower age limit for criminal responsibility and the operation of the concept of
discernment in the case of juvenile offenders. These sections provide that under the
age of seven years no infant can be guilty of an offence as under that age an infant is,
by presumption of law, and can not be endowed with any direction. Similarly, if the
accused is above seven years of age and under twelve, and he has not attained
sufficient maturity of understanding to judge the nature and consequences of his
conduct on that occasion, he can not be guilty of an offence. Further, the Criminal
Procedure Code was enacted in 1861 and later modified in 1884 and 1898. Section
29(8), 399 and 562 of this Code related to the treatment of juvenile delinquents.
These sections of the Code carried with them the lofty principles of socialized

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 treatment of juvenile offenders and provided for a progressive approach towards
them.

Section 29(B) provided for the trial of any person under 10 years of age for any
offence not punishable with death or transportation by a District Magistrate or any
. magistrate empowered under the Reformatory Schools Act, 1897. This section
restricted trial of juvenile delinquents. Section 399 provided that when any person
under the age of 15 years was sentenced by any criminal court to imprisonment for
any offence, the court might direct that such person instead of being imprisoned in a
criminal jail, should be confined to any reformatory established by the State
Government as a fit place for confinement in which there were means of suitable
discipline and training in some branch of useful industry. Section 562 also made a
specific provision for offenders under 21 years of age for release on probation of good
conduct under certain conditions, instead of sentencing such persons to imprisonment.

The first special law dealing directly with the treatment of juvenile delinquents was
the Reformatory Schools Act, 1876 which was modified later in 1897. It was an all
India enactment to deal with young offenders. It provided that youthful offenders
might, at the discretion of the sentencing Court, be ordered to be detained in such a
reformatory for a period of three to seven years instead of undergoing a sentence of
imprisonment. Under section 18 of the Act, The Superintendent of a reformatory
might, with the sanction of the committee of visitors, by license under his hand,
permit any youthful offender sent to the reformatory school, who has attained the age
of 14 years to live under the charge of any trustworthy and respectable person or any
officer of government or a municipality, being an employer or labour and willing to
receive and take charge of him on the condition that the employer shall keep such
youthful offenders employed at some trade, occupation or calling, Thus, the Indian
Penal Code, the Criminal Procedure Code and the Reformatory Schools Act had
played an important role in evolving special legislation for juvenile offenders in India.

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In the first halt of the nineteenth century in England very severe punishments used to
be awarded to children even for petty offences. This lead to the establishment of
separate institutions for juvenile offenders and the enactment of the Reformatory
Schools Act for separate treatment of juvenile delinquents and the Industrial Schools
Act for neglected children who might by prone to anti-social activities. Numerous
other Acts were also brought into being for separate institutional treatment of Juvenile
delinquents during the latter part of the nineteenth century.

At the beginning of the twentieth century, a movement was gradually gaining ground
in the correctional field. Subsequently, the society for the Protection of children was
established in Western India in 191 7. Another landmark took place almost
simultaneously with the setting up of the Indian jails committee by the Government of
India in 1919. This committee emphasized the importance of separate treatment of
youthful offenders for their rehabilitation. In pursuance of this recommendation,
Madras, Bengal and Bombay passed their children Acts in 1920, 1922 and 1924
respectively.

The main purpose of these acts in general, was to provide for the custody, treatment
and training of children who fell foul with laws. After independence, Punjab, Uttar
Pradesh and Hyderabad also passed their children Acts. In the mean time, the
Constitution of India came into force. The Directive Principles of State Policy of the
constitution provide, under Article 39(F) that 'the state shall, in particular direct its
policy towards securing that childhood and youth are protected against exploitation
and moral and material abandonment'. In consonance with this principle, the
Government of India enacted the Children Act 1960 with some novel features for
enforcement in the Union Territories.

One of the most important provisions of the children Acts was the creation of the
juvenile courts exclusively for dealing with the youthful offenders. This provision
aimed at separate arrangement for trial, treatment and training of a child who was of

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 immature understanding at an impressionable age. Till the end of the nineteenth
century, juvenile offenders were tried and convicted in the same manner as adult
criminal. Consequently, the juvenile court movement started with the establishment
of the first juvenile court in the world at Chicago in U.S.A. in 1899 .

. In the words of Roscoe Pound, 'It was the greatest advance in the judicial history
since the Magna Carta." It was realized that the old punitive and retaliatory methods
of the criminal law has failed to check juvenile delinquency. A new principle was,
therefore, adopted to treat maladjusted juveniles individually through social and
protective process. Thus, with the establishment of juvenile courts, an entirely new
procedure was initiated. The basic idea behind the juvenile court is that of
guardianship, the state acting for the welfare of children. The juvenile offender is not
treated as a criminal but as a ward of the state and receives care and protection. Thus,
the fundamental principles of the juvenile court is not to determine whether a child
has committed a specific offence but to discover whether he is in a condition
requiring the special care and protection of the state.

The Central Children Act, 1960 and some other State Children Acts provided for the
first time that the children's court magistrates should be conversant with the subjects
of child welfare and juvenile delinquency. Another novel feature of these Acts was
that they made provisions for two agencies at the trial level to deal the delinquent and
the destitute separately. The children's court was to deal with juvenile delinquents
and the Child Welfare Board was concerned with neglected children who were in
crime prone situations. The aim of this provision was to segregate the neglected from
the delinquent and to provide for treatment and training to the different categories of
children separately. This process helped not only in preventing contamination but
also minimized the problein of institutional management and discipline.

The police as the pnmary law enforcement agency had a special role in the
enforcement of the children Acts. In accordance with the provisions of all the

270
children acts the police had to report to the nearest juvenile court immediately after
apprehending a child who could not be detained in the police custody for more than
24 hours. Some children Acts went a step further to provide that the police should
appear in the juvenile court in plain dress so that the child might not have nay fear in
his mind and feel at ease. Under the provisions of the Children Acts, a police officer
or a person authorized in that behalf was empqwered to bring before a juvenile court
any person who, in his opinion, was a child and had no home, a destitute or was
known to associate or live with nay prostitute or person or persons of criminal or
drunken habits or was likely to fall into bad association or exposed to moral danger.

For detention of the child, the Children Acts provided for remand/observation homes
as places of safety. After apprehension, a child was detained in such a home pending
disposal of his case by the juvenile or children's court. It provided for safe
accommodation and served as an observation centre for a detailed study about the
child. Its main function, apart from its detention and custodial functions, was that it
would alleviate pressures under which a child was living before his coming to the
centre and provide him opportunity to mobilize his inner strength and capacity. The
children acts provided for the release of a delinquent child on bail with or without
sureties. But he could not be so released if there were reasonable grounds for
believing that the release was likely to jeopardize his safety and normal development
or defeat the ends of justice. The juvenile court might also make an order directing
the child to be sent to an institution as provided under different children Acts. Such
institutions, besides providing good physical care, had arrangements for case work
and psychological services, literacy classes and training in various crafts. The
nomenclatures of such institutions, however, varied from state to state.

For arriving at a decision in respect of treatment and training of the child, the juvenile
court utilized the services of the probation officer to get a detailed report regarding
the child on various sociological factors and if his home conditions were found
congenial for healthy development of the child, the court applied its discretion and

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released him under the supervision of the probation officer for a period not exceeding
three years. In fact, the probation officer had a vital role to play under the children
act programme.

The Children acts provided for setting up of after-care organizations to take necessary
measures for the rehabilitation of the discharged inmates of institutions. After-care
Organizations established either by the government of voluntary agencies rendered
invaluable assistance in solving rehabilitative problems of children discharged from
institutions and provided follow-up services till they were rehabilitated. The Central
Children Act as amended in 1978 emphasized that a comprehensive after-care
program might be pursued by the after-care agencies for the purpose of enabling
discharged inmates of institutions to lead an hones, industrious and useful life.

All the children Acts provided that a child apprehended and committed to an
institution, might with the consent of the State Government, be transferred to such as
institution in another state to which he belonged. The aim of the provision was that
the child would have an opportunity to be treated, trained and brought up in an
atmosphere to which he was accustomed since his infancy. The climate, food,
language and customs differ from state to state. The child should, as far as
practicable, be allowed to grow in a familiar atmosphere. If he lived at a place with
unfavourable surroundings, his spontaneous growth might be stunted and his
psychological development might also be defective. The framers of juvenile
legislation had taken into consideration this aspect of child development. The
importance of the inter-state transfer of children was aptly highlighted under the
provisions of the children Acts.

The United Nations has been playing a prominent role to bring about an improvement
in child development services at the international level. The Standard Minimum
Rules for the Administration of Juvenile Justice, 1985 (The Beijing Rules) were
framed and approved by the United nations for adoption by the member states. Close

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on the heels of this development at the international arena, the Government of India
felt the need to re-enact the existing law relating to juveniles. So the Juvenile Justice
Act was enacted in 1986 which was a uniform law for the whole country for the care,
protection, treatment, development and rehabilitation of neglected and delinquent
children. This Act replaced the existing Children Acts in various states and the Union
Territories. The main objectives of the Act were:
1. to have a uniform law for juvenile justice in the country so as to ensure that
no child under any circumstances is lodged in a jail or police lockup;
n. to introduce a specialized approach towards the prevention and treatment
of juvenile delinquency in keeping with the developmental needs of the
maladjusted child;
m. to establish norms and standards for the administration of juvenile justice
in terms of investigation, adjudication disposition, care, treatment and
rehabilitation;
IV. to develop appropriate linkages and coordination between the formal
system of juvenile justice and voluntary agencies engaged in the welfare of
neglected and socially maladjusted children and to specifically define the
areas of their responsibilities;
v. To bring the operation of the Juvenile Justice System in the country in
conformity with the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice.

Some progressive features were also incorporated in the Juvenile Justice Act, 1986 to
make it more effective in keeping with the changing milieu. The juvenile Justice Act
was a landmark in the history of care and protection of children in India. It provided
inter alia for an active participation of the governmental and non-governmental
agencies, individual social workers and groups of philanthropic people.

Every individual in the community had the opportunity to contribute for the welfare
of the child. The police as the law-enforcement agency were to assume move

273
responsible and enlightened role in dealing with both the categories of children
neglected and delinquent and to render assistance in the best interest of the child. The
new provision in respect of the creation of a fund to be utilized for the welfare and
rehabilitation of the child was indeed a unique source of resource mobilization for this
lofty purpose.

Subsequently, further development took place in the field of juvenile corrections. The
Convention on the Rights of the Child was adopted by the United Nations on 26
November, 1989. It is a milestone in the history of human progress in respect of child
welfare and development. It is based on the Principle of the best interest of the child.
The member countries are directed to take appropriate social and legal measures to
ensure the protection of the Rights of the Child. Moreover, the Convention on the
Rights of the Child as specifically prescribed a set of standards to be adhered to by all
the state parties in securing the best interests of the child. It has also emphasized
social reintegration of child victims, to the extent possible, without resorting to
judicial proceedings. The Government of India has ratified the Convention on 11
December, 1992. In view of all these mementoes developments at the international
level, the Government of India thought it expedient to re-enact the existing law
relating to juvenile justice (The Beijing Rules), the United Nations Rules for the
Protection of juveniles deprived of their Liberty, 1990 and all other relevant
international instruments.

The overall objective of this Act, unlike earlier Acts relating to juveniles, is to make
the law more childfriendly. The expression "juvenile in conflict with law" instead of
"delinquent juvenile" as in earlier Acts, has been used for removing the stigma
attached with the word 'delinquent'. This Act also provides for the involvement of
local authorities like Panchayats at the village and Zilla Parishads at the district level,
Municipal Committees/Corporations, etc., in the implementation of the Act. It
becomes easier to gain community support for implementing such programmes if the
local authorities representing various sections of people are actively involved.

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The children Acts and the subsequently juvenile Justice Act 1986 provided for the
creation of juvenile courts. But the new Act provides for 'Juvenile Justice Board' to
make the provision more child friendly by doing away with the word 'court'.
Although the functions and the procedures of the Board continue to be the same under
the new Act, the change of the term has instilled some informality in dealing with
juveniles in conflict with law. There was no clear demarcation between the
observation homes for delinquent and neglected juvenile in the previous juvenile
justice Act, 1986.

The Juvenile Justice Act of 1986 was replaced by the Juvenile Justice Act of 2000
which serves as a laudable instrument that provides for openness in the Juvenile
Justice System. The Juvenile Justice (Care and Protection of Children) Act, 2000 has
been enforced in the entire country except the state of Jammu and Kashmir with effect
from April 1, 2001. It call for the involvement of private and public agencies, and
officials and citizens, There also many human rights watch groups, juvenile advocacy
and activist organizations, and children's organizations, which are playing important
roles in raising consciousness that delinquents and unfortunate children should be
traded with dignity and helpful care.

If the Act is disregarded the prevailing mistrust of the justice system could increase,
especially toward the police, its front organization. Police-juvenile and police-
community relations could suffer greatly. Even after passage of the Act, information
from the media about juvenile abuse incidents in India abounds. The plethora of
statements by non-governmental, child centered organizations, opinion pieces, and
letters to the editors of newspapers reveal that thee is a wide range of voices that call
for drastic changes in the Juvenile Justice System. People's active interventions,
dialogues, and discussions should continue, which could help the system function
more as parents patriae.

275
The Juvenile Justice (Care and Protection and Children) Act, 2000 lays emphasis on
the speedy disposal of cases and provides that an inquiry in respect of juvenile in
conflict with law shall be completed within a period of four months from the date of
its commencement. Simultaneously, a number of dispositional alternatives have been
introduced in Act to cater to the needs of different categories of juvenile processed
under its provisions. As new measures, the Board may, inter alia, direct the juvenile
to participate in group counseling the similar activities or order the juvenile to
perform community service. Although there is a provision for release of a juvenile on
probation of good conduct, the fact remains that the juvenile probation as such has
been relegated in the current juvenile Justice (Care and Protection of Children) Act.

This Act does not provide for appointment of a separate cadre of probation officers as
in the previous Act, to exclusively concentrate on matters relating to the release of
juveniles on probation supervision and their rehabilitation back into the community.
The probation officers appointed under the Probation of offender Act, 1958, are now
to look after the cases of juveniles as well under the Juvenile Justice (Case and
Protection of Children) Act. As a result, the probation program which is already
lagging being, will on the whole, receive a setback due to the paucity of personnel
and funds. As regards institutionalization, the Board may, as a last resort, make and
order directing the juvenile to be sent to a special home in the Case of those over
seventeen years but less than eighteen years of age for a period of not less than two
years and in case of any other juvenile for a period until he ceases to be a juvenile.

The new Act provides for the constitution of the Child Welfare Committee which was
earlier known as the juvenile welfare board to handle neglected juveniles. The
Juvenile Justice Board has been introduc~d for handling the child in conflict with law
whereas the Child Welfare Committee is to handle the child in need to care and
protection. Any child in need to care and protection may be produced before the
committee by certain specific categories of persons like a public servant, a recognized
voluntary organization such as child line, and social worker or public spirited citizen

276
authorized by the state Government or the child himself Thus, the scope of the
procedure to produce the neglected child has been widened to avoid any delay in this
respect.

There is also provision for the establishment of children's homes by the state
Government for children in need of care and protection both for the reception during
.
the pendency of any enquiry and subsequently for their care and rehabilitation. With
a view to constantly monitoring and supervising the functioning of these institutions
in the state, the Act provides for the constitution of Inspecting Committees at various
levels. However, a new provision has been made for social auditing of these
institutions both by the Central Government and the State Government for proper
evaluation of the functions of the same. There is also a provision for establishment of
shelter homes by reputed and capable voluntary organizations recognized by the State
Government as drop-in-centres for the children who are on the streets in absence of
family care and support. These shelters are meant not only for care protection but
also for providing rehabilitation facilities as well.

Like earlier Acts, this Act also provides for the transfer of the child to the competent
authority having jurisdiction over the place of residence of the child so that he may be
brought up in a familiar atmosphere. As a matter of fact, efforts through institutions
are made for the ultimate rehabilitation and social reintegrating of the child in the
community. With this end in view, various alternatives such as adoption, foster-care,
sponsorship, etc., in conformity with the United Nations Convention on Rights of the
Child, have been provided. The main purpose behind this provision is to make
available a congenial family atmosphere to the child to facilitate his spontaneous
psycho-social development. In consonance with the provisions of the previous
Juvenile Justice Act, 1986, this act also provides for the transfer of a juvenile or a
child of unsound mind or suffering form leprosy or addicted to drugs to a mental
hospital or a leper asylum or a treatment centre for drug addicts or to a place of safety

277
for being kept there for such period not exceeding the period for which he is required
to be kept under the order of the competent authority.

This Act also provides for the creation of a fund to be exclusively utilized for the
welfare and rehabilitation of juveniles in conflict with law and children in need of
care and protection dealt with under the Act. This fund may be raised form voluntary
donations, contributions or subscriptions from benevolent individuals or organization.
It has opened up an effective Juvenile Justice System in the country. Another
provision of the Act which is ofutmost importance, is that the State Government have
to constitute Advisory Boards to advise on various matters relating to the
establishment and maintenance of institutions, mobilization of resources, facilities for
education, training and rehabilitation of juveniles in conflict with laws and children in
need of care and protection. The main objective of these provisions is to garner
public support and to mobilize enlightened public opinion for proper implementation
of the juvenile justice program.

Modern ideas of equality and individualism are influencing the youth, slowly vitiating
traditional controls and the power of parents, teachers, community elders, and the
police, and thereby contributing to challenges to authority, and to delinquency. In
addition, extreme poverty, economic inequalities, and growing economic desires are
also creating large-scale discontent, which under circumstances of weakened social
controls could result in increasing crime and delinquency. Currently politicians and
the people tend to see the economic problems as resulting from competition among
castes and minorities to improve their economic conditions. Advancement of lower
castes and minorities are often resented, as this weakens traditional status
arrangements. Hence, the current discontent is largely expressed in inter-caste and
anti-religious communal strife, violence, and riots; these are often perpetrated by

278
 f the elders in
mder modem,
democratic influences, discontent expressed now in the form of group protests and
violence may give way to more individual forms of delinquency.

Various other modem trends will also impact delinquency and juveniles. Modem
conditions of family life, such as durable career parents, the breakdown of the
extended family, and lack of child supervision, may also contribute to delinquency
and child neglect. On the other hand, some modem trends may have positive
consequences. As the sense of personhood develops for children and is socially
recognized, young people will increasingly demand to be treated with dignity, and
others will increasingly treat them accordingly. These developing attitudes could raise
the worth of children and help reduce their victimization and ill treatment that occur
today in families, schools, and the Juvenile Justice System.

In reality, a denial of the family as the cornerstone of adolescent stability wil1

continue to maintain and sustain the tribulations inherent in the Juvenile Justice
System. Following radical criminologists' insistence that criminology examines the
root causes of crime, this article takes the position that delinquency is rooted in
dysfunctional families, such as those characterized by teenage pregnancies, teens
raising babies, single-parent-headed households, excessive school dropouts rates, and
lack of respect for authority as the definite precursors of teen problems.

Patrick Pagan 280 argues that criminologists have begun to accept the premise that
youths raised in broken families are more inclined than other young people to engage
in lawbreaking behaviors. He contends that criminological and sociological' literature
supports the idea that the breakdown of family systems in American society is the
authentic basis of delinquency. Indeed, the family stands as the fundamental agent of
social control. A child's initial contact with the world and his or her socialization

28
°Fagan P (2001 ), The Real Root Causes of Violent Crime, Guildford, McGraw Hill, pp- 61-63

279
process begins with the family. It is the family - not schools or churches - that
initiates adolescents to societal moral codes. Therefore, families are important in
controlling juvenile delinquency. In addition to upholding the moral standards of
society, families constitute the basis of the economic stability that ensures the well-
being of youths. Low-income families may drastically affect the future direction of
the life course of their children.

An appropriate education goes a long way in the development and maintenance of

law-abiding lifestyles. Although official social control agencies play significant roles
in socializing and educating youths, the family is equally vital in introducing children
to the benefits of education. Many scholars have suggested that learning begins .from
birth and includes the interfacing of various characteristics of pupils' experiences such
as a student's ability to learn, inspiration, family support, the impact of social
conditions, and the "channeling effects of social organizations." 281

At the other end of the spectrum, in affluent societies where individuals are taught
that financial success is available to all, governments can provide certain incentives to
help families. Elliot Currie282 suggested that the government should provide certain
services for all children, particularly in the areas of health care, domestic violence,
child abuse and funding for treatment facilities.

Social control theorists have also proposed relevant policy directions for crime and
delinquency prevention, including those· involving school-based programs that are
aimed at keeping children engaged in positive activities that would decrease the
idleness that leads to delinquent behavior. Indeed, recreational programs, physical
events, social groups, community clubs, Boy Scouts and Girl Scouts, and similar

281
Dauber S.L., K.L. Alexander & D.R. Entwisle (1996), Tracking and Transitions through the Middle
Grades: Channeling Educational Trajectories, Sociology of Education, Vol: 69, No 10, pp· 290-307.
282
Currie E (1989), Confronting Crime: Looking toward the 21st century, Justice Quarterly, Vol 6. Nol,
pp- 5-25.

280
programs are all byproducts of involvement. Gottfredson and Hirschi authoritatively
assert that "policies directed toward enhancement of the ability of familial institutions
to socialize children are the only realistic long-term state policies with potential for
substantial crime reduction 283 ." Such state-supported programs must include
instructions m parenting, imparting discipline in children and training in
accountability.

The labeling perspective, for example, has led to major changes in the operation of
the Juvenile Justice System. Most notably are the policy directions in the areas of
diversion, due process, decriminalization and deinstitutionalization284 • Regarding the
punitive aspects of policy influences, three-strike laws are a result of the classical and
neoclassical emphases placed on deterrence and retribution. The positivist revolution
and the current biosocial implications place emphasis on rehabilitation and treatment.

According to Barbara Sims and Pamela Preston (2006)285 although most research
about delinquency among girls focuses on the extent and type of offences they
commit, more recently, researchers have begun investigating and identifying
developmental pathways most likely to lead girls to delinquency. By focusing
specifically in girls, researchers are gammg a better understanding of female
adolescent development and factors that put girls at risk of delinquency, as well as
identifying protective measures. More recent empirical studies that include findings
of on adolescent girls and boys suggest that significantly different risk factors exist
for girls. Results of these studies also suggest that early predictors of male conduct
disorder and delinquency are not as reliable when applied to females.

283
Gottfredson M & T. Hirschi (1990), A General Theory of Crime, Stanford, Stanford University Press,
pg-272
284
Empey Taylor LaMar (1982), American Delinquency: Its Meaning and Construction, Chicago, Dorsey
Press, pg- 491
285
Sims Barbara & Preston Pamela (2006), Handbook of Juvenile Justice: Theory and Practice, Boca
Raton, CRC Press, pg-101

281
 When other risk factors are added to the already daunting developmental tasks of
female adolescence, the results can be overwhelming, pushing some girls into
delinquency. Although research about delinquency among girls is still scarce, some
researchers are focusing on a developmental pathway to delinquency. Just as girls and
boys develop in different ways physically and emotionally during adolescence, their
pathways to delinquency are often gender specific, too.

The problems faced by girls and young women can be viewed as part of a
developmental continuum linking early problems (such as family dysfunction, abuse,
loss of a primary caregiver, and other traumas) to later behavioral problems. During
the teen years, when girls are transitioning to adulthood, unresolved issues from
earlier stages of their development may come to a head. Incomplete bonding in
infancy, sexual abuse in childhood, failed relationships with adults, and other
problems can result in an inability to form positive relationships, lack of self-respect,
ignorance of physical health and sexuality issues, and low self-image. Substance
abuse at a young age can also interrupt a girl's psycho-social development.

Researchers have recommended the development of several types of female-specific

programs, these include286 :
• Programs that include treatment for neglect and sexual abuse and physical
victimization
• Crisis intervention programs that provide short-term shelter, family
mediations, and conflict resolution
• Programs that engage girls in healthy relationships and provide social skills
training
• Programs that provide medical care for pregnant teens
• Programs for unwed mothers, including parent training and child-care relief
time

286
' Howell C James (2003), Preventing & Reducing Juvenile Delinquency: A Comprehensive Framework,
California, Sage Publications Inc, pg- 302

282
 • Programs that build and preserve the teen mother-child bond
• Programs for sexually active female
• Programs that include peer mediation to deal with conflicts concerning
boyfriends and peer status.

Violence against children endangers their fundamental human rights. It is therefore

imperative to convince individuals and institutions to commit the time, money,_
expertise and other resources needed to address this global problem 287 • A number of
United Nations instruments reflect a preference for social rather than judicial
approaches to controlling juvenile delinquency. The Riyadh Guidelines assert that the
prevention of juvenile delinquency is an essential part of overall crime prevention in
society288 , and the United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (the Beijing Rules) recommend instituting positive measures to
strengthen a juvenile's overall well- being and reduce the need for State intervention.

It is widely believed that early-phase intervention represents the best approach to

preventing juvenile delinquency. Prevention requires individual, group and
organizational efforts aimed at keeping adolescents from breaking the law. Various
countries use different methods to discourage delinquent and criminal behaviour.
Some focus on punitive prevention intended to frighten potential offenders by making
sure they understand the possibility of severe punishment, or action may be taken to
prevent recurrent crime, which includes explaining the negative aspects of an offence
to a delinquent and attempting to reconcile offenders and their victims.

287
United Nations Dept. of Economic and Social Affairs (2004), Juvenile Delinquency, World Youth
Report 2003: A global Situation ofYoung People, New York, United Nations Publication, pg- 200
288
United Nations Dept. of Economic and Social Affairs (2004), Juvenile Delinquency, World Youth
Report 2003: A global Situation ofYoung People, New York, United Nations Publication, pg- 200

283
Early preventive work is being carried out in several areas in many countries. Some
of the most promising approaches, programmes and initiatives are described in some
detail below. Within the economic sector, professional development programmes are
being set up to provide legal alternatives for income generation. Supplying
adolescents and young people with increased economic opportunities, professional
training and education, new workplaces and assistance in organizing businesses can
help prevent youth involvement in delinquent activities.

Educational programmes are helping young people learn how to engage in positive
self appraisal, deal with conflict, and control aggression. The programmes debunk the
myth of gang glamour and help young people find alternatives to illegal behaviour.
Some work with troubled youth to help them develop the social and cognitive skills
necessary to avoid conflict and control aggression. Children raised in strong families,
quality schools and healthy communities typically develop these skills as a matter of
course. In the United States law-enforcement agencies, schools, local communities
and parents of adolescents are involved in these programmes. Recreation and youth
development activities are directly encouraged in the Riyadh Guidelines: "A wide
range of recreational facilities and services of particular interest to young persons
should be established and made easily accessible to them" 289 . In a number of towns in
the United States the establishment of basketball programmes for adolescents led to a
60 per cent decrease in crime rates.

Recently, greater attention has been gtven to the role and responsibility of local
communities in dealing with juvenile delinquency. There are programmes designed ~o

train groups and individual representatives of local communities in which juvenile

delinquency has increased to informally control youth and include young people in
constructive activities290 • The idea that young people can and should work in

289
United Nations Guidelines for Prevention of Juvenile Delinquency (The Riyadh Guidelines)
290
State of California, Department of Justice, Division of Law Enforcement, "Gang 2000: a call to action;
the Attorney General's report on the impact of criminal street gangs on crime'and prevention by the Year
2000" (Sacramento, 1993).

284
partnership with adults to Improve conditions m their communities has gained
currency in the past decade.

A promising development in efforts to prevent juvenile delinquency and crime is the

involvement of NGOs and volunteers (students and pensioners, along with well-
known and authority figures such as sportsmen, politicians and public figures) in
social work with adolescents. Generally, programmes for preventing gang
delinquency should endeavour to integrate children and youth into organized group
activities. This can be achieved through social service agencies or organizations such
as the YMCA, YWCA, Girl Guides and Boy Scouts, as well as independent boys' and
girls' clubs and community centres; local government recreational activities also
serve this purpose.

Cooperation between various agents of prevention work is becoming increasingly

important. Multi-sectoral prevention initiatives designed and implemented by entire
cqmmunities are the most effective, in particular those that build on the strengths and
interests of youth rather than focusing only on their problems or deficits.

The family, as the primary institution of socialization, appears to play the most
important role in the prevention of child and juvenile delinquency. The most
impressive prevention efforts focus on the families of troubled youth, including those
young people with serious behaviour problems. In this connection special attention
must be given to street children and to children and adolescents who have lost their
families (or their ties to them) during armed conflicts and have thus had no
appropriate family surveillance. The majority of programmes serving street children
are remedial in nature, as they operate on an adhoc basis, providing food, clothing and
occasionally shelter and health services. These initiatives, which provide symptomatic
treatment, have to be complemented by programmes that also address the causes of

285
"streetism"291 • Special programmes are needed to tackle the problem of
unaccompanied and homeless children, including rehabilitation schemes that take
children offthe streets.

The United Nations Convention on the Rights of the Child provides a framework for
improving the living conditions of children, focusing on the following four broad
areas:
• Survival rights. Articles 6.1, 6.2 and 24.1 deals with the basic needs that must be
met for children to enjoy good health, adequate growth, including medical care,
nutrition, shelter and clothing. For street children most of these needs are not
satisfied.
• Development rights. Articles 6, 26 and 28 relate to the opportunities and means for
providing children with access to education, skills, training, recreation and rest,
information, parental care and social security.
• Protective rights. Articles 2, 19.1, 19.2, 32.1, 33, 34, 36 and 37 focus on the legal
and social provisions that must be made by each country to protect children from
exploitation, drug abuse, sexual abuse, cruelty, separation from family,
discrimination, and the effects of all types of man-made or natural disasters.
• Participation rights. Articles 12, 13, 14 and 17 focus on the opportunities and means
provided to children to enable them to express opinions on matters affecting their
lives, including freedom of worship, access to information about oneself, and freedom
to give evidence (where applicable). Children are knowledgeable about their
situations and can devise innovative solutions to their problems if consulted. Street
children, in particular, have already learned to make important decisions regarding
their daily lives without the assistance of adults. 292

291
United Nation, World Youth Report (2003): The Global Situation of Young People, New York, United
Nations Publications, pp- 202-203
292
Urban Management Programme (2000 May), Street Children and Gangs in African Cities, Working
Papers Series 18, pp- 26-37

286
Many countries still have "punitive" prevention programmes that try to suppress
juvenile and youth offences, as well as gang recruitment, expansion and criminal
behaviour by means of surveillance (continuous police observation) and prosecution.
Suppression is a form of active intervention wholly legitimized by the State because
this approach is believed to be inherently "right", it requires no special justification or
evaluation of results. 293 This type of approach generally precludes efforts to promote
proper behaviour, focusing instead on preventing unwanted behaviour. However,
aggression on the part of authorities can in many cases contribute to the further
integration of youth into delinquent groups.

Purely preventive (or suppressive) efforts are not very effective for youth already in
trouble. The majority of crimes are committed by a relative handful of repeat
offenders who typically display serious behaviour problems in early childhood. For
them, more intensive, individualized treatment is likely required.

Prevention of recurrent crime is best achieved through "restorative justice", which is

usually carried out by non-governmental remedial organizations and local
communities. Restorative justice is regarded as an aHemative mode of criminal
justice. It involves a process whereby all the parties with a stake in a specific offence
come together and collectively determine how best to deal with the aftermath of the
offence and its implications for the future 294 •

The offender, through interaction with the victim, must understand the seriousness of
the incident and together with the victim and social workers develop a series of steps
towards reconciliation, arranging reparations for damages and providing whatever
remedial assistance the victim might require. If successful resolution occurs, the
293
M. Klein (1995), The American Street Gang: Its Nature, Prevalence, and Control, New York, Oxford
University Press, pp- 138-139.
294
United Nations, "Draft plans of action for the implementation during the period 2001-2005 of the
Vienna Declaration on Crime and Justice: meeting the challenges of the twenty-first century: report of the
Secretary-General", tenth session of the Commission on Crime Prevention and Criminal Justice, Vienna, 8-
17 May 2001 (E/CN.l5/2001/5).

287
juvenile is not placed in a correctional facility or labeled a delinquent, thereby
avoiding the influence of an environment (jail) that can reinforce delinquent
behaviour. The reconciliation process must be carried out very carefully so that the
offender does not consider it a "deal" with the victim-a risk emphasized by various
researchers.

One of the key elements of restorative justice is reconciliation between the offender
and the victim, a process necessary not only for the correction of the offender, but
also for the restoration of justice for the victim. The protection and support of victims
and witnesses is recognized as an important basic element of overall crime prevention
and crime control strategies. Support measures reduce the impact of crim~ on those
most directly affected and are essential for preserving and protecting the role of
victims and witnesses in the criminal justice process. It also aids the investigation and
prosecution of crime by facilitating cooperation between victims, witnesses and law
enforcement and prosecution agencies 295 .

Generally, a crime prevention system will be effective if only (a) the contents and
framework of prevention efforts are clearly defined and the functional opportunities
of all agencies included in that system are appropriately utilized; (b) all of the subjects
and targets of prevention work (including adolescents themselves and .their relations
in different spheres of society) are covered and the specific characteristics of each are
taken into consideration; and (c) the mechanisms of administration, control and
coordination for this type of prevention work have been developed.

Prevention initiatives are not always easily transferred from one socio-cultural
environment to another. Programmes that work effectively in one country may be
totally inadequate in others; for example, an approach to restorative justice developed
and successfully applied in one country may be implemented in another with poor

295
United Nation, World Youth Report (2003): The Global Situation ofYoung People, New York, United
Nations Publications, pg- 204

288
results. There is a need to factor the sub-cultural specifics of a particular group of
juvenile delinquents into programme development, and to clearly define the target
group at which preventive measures will be directed.

A proactive but carefully considered approach to the development and

implementation of prevention and rehabilitation programmes is needed, with care
taken to apply those lessons learned through direct experience. Significant public
investment is warranted to both strengthen and expand the youth-oriented prevention
agenda and to intensify efforts to refine and improve upon the promise of prevention.
However, it must be acknowledged that the thoughtless expenditure of money, time or
effort for spontaneous or poorly developed measures will do little to solve the
problem; research and evaluation must therefore be integrated into all prevention
efforts.

Juvenile delinquency develops and manifests within a complex constellation of

factors. Therefore, the prevention and intervention efforts should be based on these
complex multiple factors. Emphasis should be based on empirically supported
programs that have identified key malleable risk factors in children, family, schools
and neighborhood especially drug abuse, delinquency and violence. Relevant
preventive and remedial interventions in the Juvenile Justice System, families, peer
groups, schools and neighborhoods should be done making a case important in the
integration of the services for juvenile delinquents. The Juvenile Justice System was
also created because it was recognized that youthful offenders are needed to be
managed differently from the adults. They should receive habilitation services instead
of punishment because adolescent brain has not fully developed before the age of 18
years of age and children don't have same emotional and mental capacity as adults.

289
In India, a variety of community service projects have been experimented within
bigger cities. The Tamil Nadu Government has set up Juvenile Guidance Bureau
under Department of Social Defence which is functioning under the Department of
Social Welfare and Nutritious Meal Programme of the State Government. Juvenile
Guidance Bureau296 have been set up. to provide delinquency prevention services,
including case work assistance, counselling and guidance, organised recreation,
educational activities, nutrition, medical aid and psychiatric and mental health
referral.

In several states, the juvenile aid units have been created in the police, to handle cases
under the Children Acts as well as to organise boys' clubs for recreational and reading
facilities for youngsters with a view to channelising their energies on constructive
lines. In Bombay, the community centres offer pre and post-natal services, medical
and nutritional air, family case work, temporary shelter to needy families, organised
recreation and educational activities in the same city. The family service centre is
geared to screening destitute, neglected and other unwanted children to find for them
foster homes, adopting, guardianship and sponsorship, as a means of protection from
social maladjustment. By providing counselling and guidance to the family as a whole
it seeks to avert the possible deviance among the younger family members.

In Hyderabad, a non-institutional programme for the prevention of truancy, vagrancy

and juvenile delinquency has been successfully launched, with organised recreation,
counselling and guidance, and training as its main components. In a few cities, a
major voluntary organisation has established family life institutes to deal with the
problems of inter-personal relationships within the family.

296
Th~ Department of Social Defence, Tamil Nadu

290
The role of the State in preventing delinquency is inherent in its commitment for
social justice to all children in need of care and protection. In India, the policy in this
regard clearly enunciates that while the children and youngsters coming in conflict
with law have to be treated within a specialised legal framework, only such socially
handicapped children are dealt with through the Juvenile Justice System that, in their
own interest, need the support of statutory measures.

The National Policy for Children, adopted by the Government of India in 1974,
candidly declares that "the nation's children are a supremely important asset. Their
nurture and solicitude are our responsibility". It further enjoins that "children who are
socially handicapped, who have become delinquent or have been forced to take to
begging or are otherwise in distress, shall be provided facilities for educi}tion, training
and rehabilitation and will be helped to become useful citizens."

The National Plan of Action for the International Year of the Child (1979) had
visualised a package of integrated community services covering various aspects of
physical, social and educational welfare of needy children. It aptly aimed at securing
the basic rights of children and protecting them against neglect, cruelty and
exploitation through an effective implementation of existing legislation and
enactment of new ones, where necessary. In pursuance of this, a number of scheme
for the welfare of children, as far as possible within their families, have been initiated
in the country which are being developed and monitored by the Union Ministry of
Social Welfare. Such programmes function as a filter for the Juvenile Justice System
to concentrate on those who cannot be treated outside its purview.

There is, however, a growing awareness that preventive services against juvenile
delinquency have to be devised on the basis of a comprehensive planning at various
levels. The planning of programmes necessarily requires a thorough assessment ofthe
needs and resources and of the gaps and cleavages in the existing services. The
services offered through the Juvenile Justice System have to be purposefully linked

291
 with othet: sectors of social development which aim at improving the quality of life.
The various community organs have to be involved in the planning process from the
very beginning so as to ensure that public cooperation is readily available at various
stages of the implementation of the plans. Evaluation of performance has to be built
within the process of programme development itself, so that the schemes could be
modified and reinforced, as found necessary, at various stages without wastage of
time and scarce resources. A total dependence on the Juvenile Justice System to
prevent delinquency may prove futile because, besid.es the limitations of the system
itself, it is often too late for the damage to be repaired. The question of preventing
juvenile delinquency is essentially one of protecting children's right as guaranteed in
the Constitutional provisions and as specifically identified in the National Policy for
Children.

Similarly, a concerted action to enforce laws relating to the care and protection of
children and youngsters in trouble is equally imperative. Besides the safeguards
provided in the substantive law against the exploitation of children by anti-social
elements, there are numerous enactments to protect the rights of children in various
spheres, including marriage, legitimacy, guardianship, maintenance, property,
adoption, criminal law, health, education, labour and welfare. Children, being the
supreme national asset for human resource development, have aptly been accorded
highest priority in social welfare planning for no investment can ever be greater than
the future of a society. It is quite appropriate that in laying down framework for the
prevention of juvenile delinquency, the Children Acts not only contemplate a
. specialised procedure for the treatment and rehabilitation of juveniles in conflict with
law but also envisage a protective umbrella to those in circumstances of neglect,
destitution and exploitation. In this respect, experience has shown that it is often
- difficult to draw a line between a delinquent and a potential delinquent, Juvenile
delinquency, in the Indian setting, is generally preceded by various phases of truancy
and vagrancy that arise from conditions of insecurity and cruelty towards children. A
we11-rounded programme of delinquency control would, therefore, necessarily call for

292
an integration of vanous formal and informal approaches m which protective
legislation has a vital role to play.

Crime and delinquency are social phenomena that change and vary in space and time.
The advancement of social sciences and behavioural disciplines has only partly
discovered the nature and genesis of deviant behaviour. Repeated attempts by social
thinkers to establish a casual relationship have failed to offer a wholly satisfactory
theoretical framework. The early notions of evil effect or inmate depravity, the
doctrine of 'free wi11 297 ' and the philosophy of 'hedonism' 298 as explanations for
deviance have long been discredited. The later probe into the personal characteristics
of the individual offender, with specific reference to the probable role of various
cartographic, biological, constitutional, psychiatric and anthropological factors did
not succeed in unraveling the whole mystery.

The intellectual strains of modem social scientists including Merton's emphasis on

anomic 299 and Sutherland's focus on differential association300 followed by similar
conceptional models have also not provided a complete answer. As a result, the
concept of causation has itself been replaced by that of probability in modem
criminology. Even the popular theory of multi-causation has, of late, been criticised
as one with little practical value for efficient planning and effective social action.
Nevertheless, it is generally accepted that the behaviour of the individual is
influenced by the system with which he constantly interacts. Therefore, the protective
measures for women and children who are liable to fall an easy prey to the structural
defects have to be seen as an integral part of social defence.

297
Void George & Bernard J Thomas (1979), Theoretical Criminology (2d ed.), New York, Oxford
University Press, pp- 19-34
298
Bainbridge S Williams (l997),The Sociology of Religious Movements, London, Routledge Publishers,
pg- 280
299
Merton Robert (1957), Social Theory and Social Structure, New York, Free Press, pg- 154
300
Sutherland Edwin (1939), Principles of Criminology (3'd Edition). Philadelphia, Lippincott Company,
pp-75-77

293
In the face of such complexities social defence approach cannot afford to confine
itself to the individual who violates the law; it has to reach the people at the grass-root
level and to counteract tendencies for crime amongst them. A thought-fully devised
multi-pronged strategy for crime control would include, among various statutory
measures, a vigorous enforcement of protective legislation, with a focus on the
vulnerable sections. Most of the laws in this sphere seems to have remained rather
dormant primarily for want of suitable implementation machinery. In order to provide
the desired thrust, a mechanism to ensure a close scrutiny of the relevant laws and to
assess regularly the extent to which these are being enforced is a dire need. An active
interest and cooperation of the public is a pre-requisite for policy formulation and
programme development. In this context, voluntary welfare agencies which represent
the concern and conscience of the community can be appropriately tapped and utilised
as partners in the common social cause. A fuller use of mass communication media
can go a long way in moulding public opinion and in generating awareness regarding
the objective behind protective legislation and the manner in which these are sought
to be achieved. On the basis of such a thorough reappraisal of the felt needs and
welfare resources, some definite modes and modalities of action to enforce legislation
for women and children, with supportive services like legal aid, counselling and
guidance, and social assistance to those requiring care and protection, can be taken
recourse to.

Research analyzers indicate that delinquency is acquired and it is the product of

various socio-economic and environmental factors. Truly speaking, treatment of
delinquency is a very limited concept. If prevention is to be effective, there must be.
early detection of maladjustment in children. Remedies must be found for any cause
present in the family or society, and which leads to delinquency must be eliminated.
The following are some important preventive measures for delinquency acts 301 :

301
Kara Cintamani (1992), Exceptional Children: Their Psychology and Education, New Delhi, Sterling
Publishers Private Limited, pp- 154-15 8

294
 a) Family System and Well-Adjusted Home
Rapid urbanization and scientific advancement have resulted in weakening the family
affecting the vitally important husband-wife and parent-child relationships. The
consequential social change has an adverse effect on unified life in a family. In our
tradition-loving society, the family is the sole agency for handing down the cultural
heritage. The behavior of the individual is regulated by social control groups to
which he belongs. In big cities, people keep oneself to oneself. They have no group
security. No doubt, the adult world is governed by human emotions such as breaking
down the homes and the intricate network of human relationships which results in
clashes and alliances among individuals, groups and nations. Research works reveal
that for a large proportion of persons suffering from such disorders the proportion of
persons suffering from such disorders the maladjustment is traceable to childhood and
that juvenile delinquency and adult crime are intimately related. Therefore more
attention should be paid to the emotional life of a child.

Another powerful operative factor is the break-up of the joint-family system. Since
the older traditions are on their way out, new traditions are fact replacing the old ones.
They invite a change in family life. Simultaneously, the old values of character and
personality need to be revived by constant efforts in order to bring harmony between
the old and the new. One potent factor affecting harmony in family life is the
understanding between man and women.

In man-woman relationship, three factors such as ascendancy, submission and

equality have operated from time to time. The idea that man and woman are
. complementary to. each other has also not been accepted in toto. In our male
dominated society, the female is considered less intelligent but more emotional. A
harmonious family life remains to be a dream if man-woman relationship is not
reconstituted or better understanding is not fostered.

295
If we consider these facts minutely, the causes of delinquency become more complex
and variable. Still a well adjusted home provides a solid band of affection between
the parents and their children. Improvement of family life is considered to be an
important preventive measure. Young parents should be educated for adequate
motherhood and fatherhood. They must know how to deal with their children.
Working women should find time to remain with their children as long as they can
within the course of the day.

Parents should not quarrel in front of their children and they must observe the norms
of good conduct. They should be impartial and just to all the children. Besides that
the parents must be aware of the interests of their children. The children should be
made to realize that the parents are always there to help them whenever they face any
problem.

Again, parents must remember that children acqmre disobedience, obstinacy,

quarrelsome behaviors as they grow up. These are not inborn qualities. Children's
nature, interest, habits etc., are dependent on the treatment which they receive from
their parents. Thus, it is necessary to see and observe these habits and their reasons.
Besides that, parents should have complete knowledge about the upbringing of their
children. They may receive some training from child guidance centers. The pocket
money of the child should be always given. He may develop some bad habits, if he
gets it frequently. A strict vigil should be kept on the friends of the child. It is a very
important to note what type of friends the child has. The parents should call the
friends of their child to their homes and should try to get information about their
habits, interest etc. Another important fact is that the attitude of the parents towards
the sex element of children should be psychological and proper. The immoral and
unwanted behavior of others members of the family should be stopped at the earliest.
Parents must isolate these family members who exercise bad influence on the
children.

296
b) Adequate Schooling
Adequate Schooling can contribute a great deal towards the prevention and control of
delinquency by playing a more responsible role. Personality development of children
is largely influenced by the schooling. That is why, in many affluent societies,
attempts are being made to make the school an extension of home with the same
atmosphere of informality and freedom. First, the school needs trained teacher s with
high moral character. They must be prepared to solve the problems of students
psychologically. In the school, education must be imparted according to the child
interest and abilities. Besides this the school must have library and recreational
facilities. Children must be encouraged to read and must be motivated by the teachers.
Further, coordination between homes and schools should be maintained. Teachers and
parents should inform each other about the problems of the child.

c) Recreational Activities
Research reports show that the recreational activities play an important role in
preventing delinquency. In rural areas the lack of healthy recreation and of a
community centre may induce youths to make their gathering place with gamblers,
prostitutes and other dubious acquaintances. Poor children living in slums do not have
facilities for any healthy recreation. In most cases, it is necessary to take the child
away from its unhealthy surroundings. It is wise to institute active guidance, allowing
the child to establish new emotional bonds with healthy people. Improper use of
leisure time is another sole cause of delinquency in children. Properly organized and
supervised play and recreation can not only prevent delinquency among children but
also improve their physical and mental health. Organized recreation has therapeutic
values. The provision of adequate broad-based recreation services may make a
substantial measurable contribution to the diminution of the problem of juvenile
delinquency.

297
d) Role of State and Social Agencies
The state and the social agencies can play important roles in preventing delinquency.
First, the state and agencies must establish good schools where the children can
receive proper education. Poor parents and impoverished families should be taken
care ofby the state. The censor board must work strictly on films and motion pictures.
The movies having open sexual acts and violence must be strictly censored. Orphan
children and illegitimate children should be facilitated with homely environment.
They should not feel that they are unwanted in this world.

e) The Role of Police

In our state, the duty of the police is to control violation of the law and to enforce
regulations. So the activity of the police is both preventive and protective. The
juvenile poses special problems for the police because of the generally held view that
the anti-social acts of the children should be treated as behavior problems rather than
as crimes. Truly speaking, the control of delinquency is a precautionary measure. In
controlling delinquency, the police department has a pivotal role to play as law-
enforcement agency. It is not the number but the quality of the police which is
essential for the control of delinquents. All agencies working for the prevention of
delinquency should work in liaison with the police which is necessary for the control
of delinquent.

f) Creation of Social Responsibility in Children

For impoverished families, it is almost impossible for the parents to take care of the
health of their children, because of their low income. Many children are thus exposed
to the hazards of dangerous diseases. But there are certain other factors which are as
important as health. The young and tender minds of the children should be protected
from the unhealthy atmosphere. Consequently they become uncontrollable even
before they reach they reach the age of twenty. Parents must understand that these
qualities instill morality and spiritual strength which help them to lead a purposeful
life and share greater responsibility which strengthens their will power to fight against

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all odds when they face the stress and strain of life. These qualities make them
conscious of the social circumstances and their responsibilities towards its betterment.
Indirectly it prevents them from remaining idle or becoming destructive elements in
society. So parents and teachers must plan is a dynamic way to inculcate these
qualities in children. Cooperation among the teachers, parents and social
organizations and between teacher and parents as well as coordinated work among
individuals is the essentials for the success of the program.

The State should establish a statewide task force to address the needs of girls in the
Juvenile Justice System and work to implement gender services. This task force could
closely examine each county and identify areas where success is occurring as well as
areas where changes need to be made. It will be essential for this task force to be
comprised ofkey community and state leaders, as it will be a difficult and challenging
task to make the necessary changes. It will be very important to involve key juvenile
court leaders as well as they will be essential in implementing changes.

Further, this task force should specifically examine the issues facing girls of lower
castes in the system and what changes are necessary to make the system more
culturally responsive. In addition to working to eliminate the casteism inherent in the
system, it is important for the task force to work to identify the areas where
institutionalized sexism is occurring. There needs to be a new sense of accountability
for the system itself to change these problems that have been plaguing the system
since its inception.

In addition to convening a task force, the State should work to develop a training
program specifically designed for anyone working with girls in the Juvenile Justice
System. This training would be available to legal practitioners, police, Child Welfare
Committees, Juvenile Justice Boards, Educators, and NGOs. Individuals at all levels

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of the system must understand the unique needs of girls before this problem can be
solved. This training should also include specific information on how to build
successful collaborations across agencies and programs.

Because of current budget constraints, it is unlikely that many individual programs

will have enough funding to meet girls' needs by themselves. It is much more likely
that strong partnerships will need to be built. Collaboration is a difficult task that
involves bridging differing agency cultures and often training is necessary to help
people learn these important collaboration skills. And it is this task that the State has
to complete successfully.

Programming Recommendations
The folJowing programming recommendations are offered for girls:
(1) Recognize the variation in female juvenile offenders' lives and create
individualized plans that build resiliency for them;
(2) Provide a safe forum for girls to openly discuss their experiences with abuse and
victimization and personal safety issues;
(3) Develop opportunities for girls to develop trusting and healthy relationships
within their peer group;
(4) Provide a safe forum to address family dynamics and problems that might
contribute to delinquency pathways;
(5) Include education on female health, along with opportunities for girls to
understand and define healthy sexuality and to develop positive body images;
(6) Offer appropriate treatment for depression, suicidal ideation and attempts, and
self-injurious behaviors;
(7) Provide education on and treatment for substance abuse, especially tce
dependence;
(8) Engage mentors who enjoy working with girls, who share common experiences
with female juvenile offenders, and who have led successful lives (perhaps despite a
delinquent past);

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(9) Create programs that assist girls in living independently and in building career
options;
( 10) Provide opportunities for girls to make changes that positively affect themselves
and their communities.

The current study, like most studies, produced promising results but had some
limitations that possibly affected the outcomes. One such limitation was the lack of
contact with the parents of· the respondents, which eliminated possibilities of
knowing, for example, how the guardians viewed their child-rearing strategies and
whether or not they perceived these strategies to be an overt factor in juvenile
delinquency. These parents could not be contacted because most of the residential
addresses given by the girls are wrong or they do not know the addresses. The only
thing they remembered was either the name of the State or District. It is also because
of this that most the girls have not been able to be repatriated back to their homes.

This study has also not been able to analyze and know about those girls who have
been integrated back with their families. The effect and impact of various Juvenile
Justice Interventions in their lives could not be accessed. The main reason behind this
was that we did not indulge in tracking back the families of those who girls who had
been repatriated back to their families to avoid taboo and further labeling of these
girls.

Another limitation was that since the girls were interviewed within the boundaries of
the institutions where they were staying, at times it was felt as though they are feeling
conscious of the fact that they might be overheard by the staff. It was probably
because of this that they screened a lot of facts about themselves or the institution
they were staying in. However with constant interaction with the inmates a lot of
information could be collected. Along with this non-participant observation also

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helped to elicit actual information about the children regarding the subject of the
study. The analysis of the official records and files of some of the girls also helped in
getting a broader picture regarding the family background of the inmates and the
reasons behind their interface with the Juvenile Justice System.

The present PhD research is an attempt to find out the factors and conditions
responsible for abuse and victimization of girl child and their induction into
criminogenic culture. For this purpose two hundred girls were interviewed who were
living in Government recognized homes and were below the age of 18 years.

The girls interviewed during the study felt it was the circumstances that forced them
to indulge in acts which the society calls as anti-social and delinquent. Keeping all
this in mind the present reach topic was chosen in order to understand the disparities
between what the society considers as delinquent and the meaning attached to
delinquency by the girl child herself. The study also highlights the effect on the child
accused of being delinquent. Hopefully, this research, besides contributing to
knowledge related to this subject, will have implications for policy and relevance for
policy makers.

As discussed earlier the limited studies that are there are mostly of western countries
whose socio-cultural conditions are vastly different from the Indian situations. Since
all the definitions of Juvenile Delinquency are based on Western theories it may have
very serious ramifications. It needs to understood that in the Indian context most of
the juvenile girls enter into delinquency because of abusive situations at home. These
situations force them to run away as a result of which the society labels them as a
delinquent child. The delinquent Girls in the Western countries are mostly violent

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and vagrant but an Indian delinquent girl is often abused and neglected. Western
theories have very limited practical utility in Indian scenario. This study also reveals
that most of the respondents did not consider their act to be delinquent. Therefore
most of the interventions for prevention of female juvenile delinquency that are based
on Western concepts need to me made more specific to the circumstances and
situations faced by a female delinquent in India.

A variety of tactics may further future research involving juvenile delinquents. One
approach that might yield promising results would be by conducting a thorough
examination of the family, for example, by interviewing juvenile offenders and their
legal guardians. Another promising approach would be to conduct a longitudinal
'
study of files of the juveniles, possibly following these juveniles over the span of ten
years. It would be useful to see whether these individuals will enter an adult .
correctional facility. Thirdly research could be done to explore the correlation
between delinquency and mental health issues, substance abuse, aggression, peer
group dynamics, and family stressors.

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