JUVENILE JUSTICE - A JURIDICAL STUDY

By
Smt. A. PADMAVATHI, BCom,ML.,
ASST. PROFI^SSOR
DR. B.R. AMBEDKAR COLLEGE OF LAW
ANDHRA UNIVERSITY
VISAKHAPATNAM.

Under the Guidance of

Prof. (Dr.) R. VENKATA RAO MA.,IVI.L.,Ph.D.

VICE - CHANCELLOR,
NATIONAl, LAW SCHOOL OF INDIA UNIVERSITY,
BANGALORE, INDIA.

THESIS RESUBMITTED TO ANDHRA UNIVERSITY,

VISAKHAPATNAM FOR THE AWARD OF DOCTOR OF
PHILOSOPHY IN LAW
2011

Andhra University, Visakhapatnam

 308

CHAPTER-Vn

CONCLUSION AND SUGGESTIONS

Children are all around us. They represent about a quarter of the worlds
Population. They are not equipped to defend themselves; they must depend on
what is given them. They are victims of circumstances. They bring us joy, they
bring us tears, and they are our reason to hope. They are your children, they are
children, and they are the children of the world.

Adams Eddie

Children are not bom as delinquents but they are exposed to many types
of influences and factors. Such factors as socio-economic status, number of
children in the family (size of the family) and the behaviour of the parents with
their children have a profound import on the juvenile. The juveniles develop the
feeling of insecurity due lack of adjustment. Thus the young delinquent suffers
from serious maladjustments, as a result of which he exhibits delinquent activity.

The most dreadful aspects of the problem are that Juvenile Delinquency
has been considered to be the widest gateway to adult crime. But the studies on
these aspects have been limited in number. Certainly this problem deserves
serious attention. This situation attracted the researcher to include these variables
in the present study to prevent and control this growing menace in the society.

No doubt, this problem has emerged as a result of rapid industrialization

as well as urbanization. The process of industrialization has brought about
revolutionary changes upon the family system, pattern values and responsibility,
social mobility, and social status. A large number of families are migrating from
rural areas to urban areas for their economic stability. They have to live in slums
without any proper developmental opportunities due to their adverse economic
conditions. This socio- economic environmental influence, often driven them to

' Adam, Eddie, "Children of the World", in Reader's Digest, 69, January 1990.

Andhra University, Visakhapatnam

 309

commit delinquent acts. However, the problem of Juvenile Delinquency is

gradually assuming serious problem mostly in urban and semi-urban areas.'

Children detained in institutions under the Juvenile Justice Act 1986 or

under the Juvenile Justice (care and protection of children) Act of 2000, mostly
belong to the poor strata of society. Most of these children are rag pickers who
have no fixed abode are living on pavements and railway stations. Some of these
children are arrested for petty offences which are bailable. These children
languish in these state homes because of poverty and there is no one to stand bail
for tiiem. They are not in a position to engage legal counsel with the result that
their basic human right to be heard and right to counsel is also denied to them.

Despite tremendous importance being attached to children's welfare,

much remains to be done in practice to see that there should not be any gap
between the letters of the legislation and execution to reach the goals of all
National and International Instruments.

Drug peddlers also employ school going children as drug pushers. They
get their job done through these innocent youngsters by spending very little
money and they avoid any risk to themselves. It gives the youths a pre-taste of
modem luxuries prompting the youngsters to continue these activities.

Such ghastly incidents are becoming more and more common these days.
They are happening every day and everywhere, and are taking more morbid
forms. They underline the increasing venality of the younger generation who are
becoming more and more violent and intolerant. Such incidents should not be
ignored. There is an urgent need for serious deliberations. Innovative thinking
has to be introduced in legislative designing and cultural dimensions in mind.
This trend, if it is not given the urgent attention that it deserves may result in a
disaster. It will be too difficult to curb it at a later stage. As children are the
backbone and future of the nation, both national and international organizations

Crime in India 2009. National Crime Records Bureau. Ministry of Home Affairs.

Andhra University, Visakhapatnam

 310

have made an attempt to protect the rights of the child who are in need of care and
protection and juvenile in conflict with law keeping in view the future of children
and juveniles.

Juvenile Delinquency is a worldwide problem and there are deep-rooted

causes for this problem. Even though man by nature is good, friendly and
cooperative with others, diverse types of constraints in different societies have
contributed to the subversion of basic human nature. A child situated in his family
center tends always to love the parents and relatives. However, there are social
and economic factors, deep-rooted psychological disturbances which tend to malce
him unnatural. A thorough study of the problem of the Juvenile Delinquency will
certainly go a long way in removing the causes of this malady thus helping in
bringing back the delinquent to normalcy. This is a social need of supreme
importance.^

It is one of the most serious social problems that have attracted the
attention of people from all lifestyles. Every child has a unique personality and it
is the responsibility of the society to see that children grow in a congenial
atmosphere and become constructive and self-supporting citizens, but very often
children go astray due to various reasons. Issues concerning delinquency pose a
challenge to every one in the society.

In a broad generic sense, Juvenile Delinquency refers to "a variety of anti-

social behavior of child and is defined somewhat differently by different
intellectuals of different societies. Juvenile Delinquency being mainly an urban
phenomenon, both private and public agencies have to be involved in delinquency
prevention keeping in mind the complexities of the urban society.

The profile of children in India reveals that a majority of them are living in
poor social conditions, subjected to neglect of parents and deprived of

Dr.S.P.Baneijee, Vice-Chancellor of Burdwan University, see forward Dr.N.L.Mitra,

Juvenile Delinquency and Indian Justice System, Deep and Deep Publications,p.l
Ahmed, Mr.(1974) "Juvenile Delinquency in India and abroad," social work form, 11.

Andhra University, Visakhapatnam

 311

developmental opportunities. High rates of child mortality, school dropouts, child

labour, child abuse (Drug Peddlmg, Boot legging) and the problems of Juvenile
Delinquency are indicators of the need for intervention by the state for serious
deliberations and innovative thinking for legislative designing. If it is not given
the urgent attention it will be too difficult to curb it at a later stage.

Available statistics on juvenile delinquency in India reveal that the

problem is not tense here as in the western world but not negligible at same time.
This may be due to variations in living conditions such as family affiliation,
family system, parental control, low education and poor economic set-up.

Children's protection has been accepted as the responsibility of the

modem welfare state. India too, has accepted the responsibility of providing care
and protection to children. It has sought to provide such care and protection to
children/juveniles throw welfare schemes for juvenile in conflict with law and
children in need of care and protection. However, studies have shown that the
schemes are inadequate and the Juvenile Justice System is malfunctioning.

In India, special provisions, providing for the care, protection, treatment

and rehabilitation of 'children in conflict with law' and 'children need of care and
protection' are enacted under various legislations. It is observed that the Acts are
on the statute book and in some States the Acts have not yet been brought into
force.

No doubt, primarily it is the duty of the State to protect its own children
and juveniles, but Voluntary organizations. Social workers. Philanthropists should
help the government to implement its policy and legislations effectively. It is the
duty of every citizen to protect tiie rights of the children and juveniles who are
voiceless, and 'supremely important national asset'."* They should be protected
against all kinds of abuse and exploitation fi-om all directions and allow to grow

Lakshmi Kant Pandy v Union of India.(1984) AIR SC 469.

Andhra University, Visakhapatnam

 312

and blossom with fiill safety, security and in close confonnity with the provisions
of the Convention on the Rights of the Child.

The delinquency rate among boys is considerably higher than that of girls.
Juvenile delinquents are the product of social and economic maladjustments,
rising out of economic poverty, destitution, parental desertion etc.
Implementation of the United Nations Rules and successfiil rehabilitation of the
juveniles depend upon the overall implementation in Juvenile Justice System.
However, we should develop the available human resources like professionally
trained personnel and material resources within the existing structure to do our
best to rehabilitate our 'children who are in need of care and protection' and
'juveniles in conflict with law'.

The foregoing discussion on the various aspects of the modem approach

of Juvenile Justice and Delinquent Child highlights the various substantial,
procedural and executive drawbacks in the administration of Juvenile Justice in
India. It calls for prompt action to fill the legislative vacuum both in enactment as
well as in enforcement. The physical reach of the provision is still incomplete
even in the Twenty-First century

It is suggested that the preventive programmes can be classified as (1)

primary prevention, which attempts to inhibit delinquency before it takes place,
and (2) rehabilitative prevention or secondary prevention. These deal with
youngsters who have been adjudicated delinquents by the Juvenile Justice boards
by organising activities that contribute to healthy personality development and
adjustment of children to the institutionalization.

Andhra University, Visakhapatnam

 313

Suggestions

The following suggestions have been made on the observation of the

problems of the 'Juveniles in conflict with law' and 'child in need of care and
protection' in practical regime with the help of the empirical study. Suggestions
are also made on critical examination of the various Acts in the implementation of
the provisions^.

1. Failure on the Part of the States in Implementing the Juvenile Laws

Even after providing effective mechanism under Juvenile Justice (Care

and Protection of Cliildren) Act 2000 and Amendment Act 2006 it is unfortunate
that there is no change in State Missionary dealing with Juvenile in conflict with
law. The authorities should be entrusted the job of providing care and protection
to children under the Act immediately.

2. State's Accountability for Non-Implementation of Laws

On an over all analysis one can conclude that there is failure on the part of
the state in implementing many provisions of juvenile related laws, which in fact
have been enacted by it. Therefore, it is high time that the state should be made
accoxmtable in case of non-implementation. However, to provide such
accoimtability on the part of the state, a legal basis for making a state liable for its
negligence, in implementation of the laws should be developed. An empirical
study of the Juvenile Delinquency in Lidia shall reveal that the fault lies not with
the policy but with the lack of proper implementation of it.

3. Segregation of the 'Juveniles In Conflict With Law' from the Adult

Criminals

Juvenile offenders are dealt with exactly like those of adults. They are
prosecuted in criminal courts and are subjected to same penalties as adults. That

^ Padmavathi, A., 'A Note on the Juvenile Justice (Care and Protection of children)
Act, 2000', Andhra University Law Journal, Vol. 4,2003, P.269.

Andhra University, Visakhapatnam

 314

apart, they serve their sentence in the same prison in which other hardened
criminals are detained. It exposed young offenders to contamination due to their
incarceration with other criminals. Though the Children Acts have been enacted
with a view to divorce the juvenile group from the adult group and give separate
treatment of concerned, this segregation has not been strictly followed. So
juveniles in conflict with law should be separately treated.

4. Requirement of Sufficient Infrastructure

There still are many State Governments and Union Territories, which are,
sleeping over their obligation to create an adequate infrastructure of Child
Welfare Boards, Children Homes and After-care Homes and Permanent Juvenile
Justice Boards. Since the Act creates a parallel justice system for children and
juveniles, an adequate infrastructure for Children Homes and After Care Homes,
Permanent Juvenile Justices Boards and Children Welfare Committees should be
provided. Many State Governments and Union Territories are still sleeping over
these obligations.

The Juvenile Courts being different from ordinary courts, the judges are
expected to be of different outlook in view of the social welfare fimction.

Courts are not constituted regularly to dispose the pending cases to ensure
speedy justice within a time limit of four months and to protect the right of the
child even if it is assumed that some changes have been introduced in these
Homes in the last few years, it can be said that there is immediate need of
restructuring the conditions prevailed in the institutions to lead a new life by
ensuring that past records do not influence his fixture and allow him a new
beginning.

5. Need to Establish Sufficient Number of Juvenile Justice Boards &

Cliild Welfare Committees

The Juvenile Justice Boards is not a punitive institution but an agency for
taking care of the best interest of the child so as to help a child who is in difficulty

Andhra University, Visakhapatnam

 315

and need. The jurisdiction of the Juvenile Justice Boards should be exclusive and
every State must have such Juvenile Courts. A child only is dealt within the
congenial and favourable atmosphere of a juvenile Court. Really speaking, the
trial of children must take place in the Juvenile Courts and not in the regular
criminal courts. However, we find that in many of the States there are no Juvenile
Justice Boards functioning at all and even where there are Juvenile Justice
Boards, they are nothing but a replica of the ordinary criminal courts, only the
label being changed. The same Magistrate who sits in the ordinary criminal court
goes and sits in the Juvenile Justice Boards and mechanically conducts the cases
against children. State Governments must set up Juvenile Justice Boards, one in
each district, and there must be a special cadre of Magistrates who must be
suitably trained for dealing with cases against children, because these cases
require a different type of procedure and qualitatively a different kind of
approach.

6. Imparting Education to the 'Juveniles in Conflict with law'

It is necessary to arrange for the education of these children in the Welfare

Homes. Every Institution shall provide education to all children's and juveniles
according to the age and ability by the way (through) of open schooling and
bridge school and extra coaching by encouraging volunteer services as per the
requirement. The education as to be finitful and not only formal. The present
situation, the type of education necessary for youth is the vocational education.
This can be of tremendous benefit to the individual and society. Hence, every
Institution shall provide gainfiil vocational training to juveniles. No doubt some
formal education is necessary but it should be exclusive training in carpentry,
bookbinding, candle making, weaving, spinning, plumbing, electricians, courses
of small duration is necessary for the boys and girls. This Institution shall develop
networking with technical Institution, Janshikshan Samstaan, Government and
private Organizations are any placement agencies. It is very important that as
soon as the boy or the girl once released fi'om the Institution, he or she shall be
reasonably occupied to earn their livelihood.

Andhra University, Visakhapatnam

 316

7. Establishment of Juvenile Guidance Bureaus in all States

Juvenile Service/Guidance Bureaus are functioning only in a few states.
Every State should take active step to initiate this kind of Guidance Bureaus and
should carry the activity of locating employment opportunities for released
juveniles with respect to their vocational training. Then only community based
rehabilitation in the lives of juveniles can be achieved. State of Andhra Pradesh
also should start this kind of Service Bureaus to offer rehabilitative programmes
to improve the self-employment juveniles.

8. Proper Checlcs to Prevent Criminal Assaults over 'Juveniles in

Conflict With Law'

Some children in Juvenile Justice System are experiencing one or more

serious sexual and physical problems. There are complaints were reported in the
State of Andhra Pradesh and other States also about harassment and exploitation
of the male and female inmates at the hands of the Superintendents, Probation
Officers, Employees of the Institutions and Co-inmates. In fact, these Homes
must give satisfaction to the in mates about their safety, security and well-being.
There are many complaints about the harassment and exploitation of the male
female inmates at the hands of superintends probation officers, and other
employers of the institutions. The causes leading to such consequences have to be
found out and stopped and remedial measures must be taken immediately. The
inmates must have confidence in their officers that their safety and security is
guaranteed and they do not become the subject matter of exploitation either in the
hands of their so-called guardians any other persons including the outsiders.

In order to protect childhood and youth from all kinds of exploitation, our
constitution lays down certain principles and social poUcies (clause (3) of Art. 15,
clause (e) and (f) of Art. 39, Art.46 and 47) and impose certain obligations on the
state to take positive action the idea of welfare state envisaged by our constitution
can only be achieved if the states Endeavour to implement themes with a high
sense of moral duty. All these measures speak of the growing concern of
reformation of juveniles

Andhra University, Visakhapatnam

 317

At all stages, from the initial reception until disposition or the release,
extreme care shall be taken to avoid any kind of injury or insult or harm to the
sensitivity of the child or juvenile. The child or juvenile, who is placed in any
institution under the provisions of the act, shall not be subjected to any harm,
abuse, neglect or maltreatment like above said abuses. The children's right to
privacy and confidentiality shall be protected and in all stages of detention.

This must be stopped and the causes leading to such brutal consequences
have to be found out and remedial measures must be taken immediately. Officials
who are responsive to the social needs of girl children and their problems should
only be considered in appointments to Correctional Institutions and they must be
given adequate training to look after such children.

9. Teachers and authorities strive jointly to innpart Education

Permanent teachers shall be appointed immediately wherever necessary to

impart general education to the juveniles in Obseivation Homes and Special
Homes. Besides poverty, illiteracy is also another cause of deviant among
children/juveniles. Therefore, it is expected that if education is extended to all tiie
children and juveniles, it would make them better law abiding citizens of the
society. Shaping children into model citizens of the country is the joint
responsibility of teachers and parents. Hence, they must be more cautious
regarding Juvenile Delinquency.

10. Financial Aid as a Part of Reformative Method

There is need for financial help for those who have discharge from these
institutions (who have no one to receive him or her in our present society) for
rehabilitating them and to make them to lead an honest and industrious life.

11. Need of Separate Principle Law Enforcement Agency

There is an urgent need for a separate cadre of police officers (as a

Principal Law enforcement agency) whose functions and duties might be
exclusively directed to prevent and control of Juvenile Delinquency. They should

Andhra University, Visakhapatnam

 318

be given training to apprehend juvenile offenders to conduct juvenile

investigation, to assist juvenile welfare board to help children and youth who are
neglected, abused, exploited and victimized.

12. Need of Well Trained Police Personnel Dealing With Juveniles in

Conflict With Law
Police have a very important and sensitive role to play in the prevention
and treatment of Juvenile Delinquency. Though Sec.63 of Juvenile Justice (Care
and Protection of Children) Act, 2000 provides for Special Juvenile Police Units,
specially instructed and trained in juvenile matters to deal with Children and
Juveniles, no separate 'Juvenile Police Unit' system is there to deal with juvenile
in conflict with law and children in need of care and protection in most of the
places. As Juvenile aid police units existed only at a few places, the ordinary
police remained the primary agency for taking charge of juveniles falling with in
the purview of the Act of 2000. The police are deficient in comprehensive training
and orientation to handle the juveniles differently from adults, thereby negative
reaction in the public to wards legislative polices. However, there is an urgent
need for such special type of police unit, which are specially trained in juvenile
delinquents' problem and to deal them with a humane approach.

Legislations as well as judicial • decisions relating to Juvenile Justice

specify that juvenile below the prescribed age limit should not be sent to ordinary
jails. The Supreme Court in Sanjay Suri v Delhi Administration^ as in fact
directed that any order of arrest should mention the age of the delinquent. This
direction is with a puipose of ensuring that the concerned judicial officer will feel
responsible to have a reasonable assessment of the age of the accused. Even the
detaining authorities were directed not to execute the order of detention unless it
contained the age of the person in question. Despite these prescriptions, it is
observed the juvenile delinquents being arrested and kept in ordinary jails because
the police misrepresent the age of juvenile delinquent that the age of the accused

AIR 1979 SC. p. 1519.

Andhra University, Visakhapatnam

 319

is above the prescribed age, therefore, this kind of malpractice must be checked
and they shall be protected against neglect, cruelty and exploitation.

13. Require Adequate Norms and Standards for the Administration of

Juvenile Justice

For the administration of Juvenile Justice in terms of investigation and

prosecution, adjudication and disposition and care, rehabilitation and reformation,
the court is expected to place the role of parent, fiiend and adviser to juvenile
delinquents and protect them from an anti-social environment. The child, because
of its age to be protected from the harsh facts of life and this protection is
extended to it even when having broken the law. Death sentence to juveniles
should not be awarded.

14. Requisition of Rehabilitation of the Juveniles

Juveniles who are discharged from these Care Homes should be

rehabilitated with active support by the governmental or non-governmental
organizations in case there is no one to support them for their social reintegration.
Even though After-Care Home for boys in Hyderabad is provided for
rehabiUtation, it is unfortunate that the Home is not fimctioning properly. If it is
made effective in fimctioning, one of the mam objectives of the Act, i.e.
rehabilitation of the juveniles can be well provided.

15. Requirement of Sufficient Probation Officers

The number of Probation Officers should be adequate to the number of
juveniles to perform its task better and to give due care and consideration to each
case.

16. Procedural Safe Guards of 'Juvenile In Conflict With Law'

(a) Even though having sufficient number of procedural safeguards for an
arrested person as liberally interpreted by the Supreme Court in D.K. Basu v. State
of West Bengal,^ in practice, these safeguards are not yet generally observed in

1997, s e c (Cri.) p.92.

Andhra University, Visakhapatnam

 320

case of 'juvenile in conflict with law'. The Observation Homes are treated as
'Protected Places' for juvenile delinquents, but in practice, they are worse than the
poUce custody and judicial custody. Hence protected home should be made
functioning properly. The Researcher strongly opines that the Juvenile Justice
administration would strive to evolve a justice system for juveniles that will
ensure basic procedural safeguards in ]-espect of the rights of juvenile such as the
presumption of innocence, the right to be notified of the charges, the right to
remain silent, the right to counsel, the right to the presence of a parent or
guardian, the right to confront cross-examine witness, and the right to appeal to a
higher-authority that are internationally recognized in existing human rights
instruments.

(b) The investigation and inquiry under juvenile enactments should be

completed with in three months (it is four months under Juvenile Justice Act,
2000). This rule must be strictly followed and facilities should be provided to
complete inquiry within time to render effective justice to juvenile.

(c) Permanent Juvenile Justice Courts and Child Welfare Committees are
to be constituted to conduct inquiry and to decide the matters regularly The
problem is availability of witnesses from police department and insufficient
number of probation officers to collect the antecedents of 'juveniles in conflict
with law' or in child in need of care and protection. So establishment of
permanent Juvenile Justice Boards and child welfare committees having sole and
exclusive jurisdiction to deal with them and render fair justice is only the solution.

(d) State government should act diligently in nominating members to the

Visitors Board and insist them to make requisite visits and submit their reports
regularly. It should be remembered that Juvenile Justice (Care and Protecting of
Children) Act was enacted for the protection of juveniles and therefore it is the
responsibility of the State to ensure that the sufficient protection is granted.

Andhra University, Visakhapatnam

 321

(e) Police should not handle unofficially the cases of Juvenile

Delinquency, after the child has been taken into custody. Probation Officer can
only do it under the order of couits. The police should not hold the child in
custody either in police station or in prisons.

(f) The reports submitted by Visitors Board should be kept open for
inspection by non-governmental organizations especially those working with
children. The Juvenile Justice Boards, Child Welfare Committees, Administrative
Authorities, Juvenile Police Unit shoiUd interpret the provisions of existing laws
effectively to bring out the greater accountability and transparency for the purpose
of assisting and effective working for the reforms both in terms of substantive and
procedural aspects.

17. Special treatment of Girl 'Juvenile in ConfMct With Law'

With reference to girls, the State Government must setup necessary

Remand Home or Observation Home for girls at every district with one or two
paid women probation officers, social workers to avoid their detention or remand
in central prison along with adult women prisoners. It should be away from boys'
remand home and these rehabilitative centers should function in the right spirit
with proper training and guidance for the enlistment of those girls. Special
attention has to be paid to the personal needs and problems of young female
offenders to protect them against neglect, cruelty and exploitation.

18. Compulsory Appointment of Women Personnel in Juvenile

Administration
There is every necessity and desirability of having more women members
in. Juvenile Police Unit, Probation Unit, members of Juvenile Justice Board and
Child Welfare Committee to ensure fair justice to children. It is having a healing
effect on the sentiment of juveniles so that they may be reformed as much as
possible and their tender faculties of mind may got proper guidance

Andhra University, Visakhapatnam

 322

19. Need Medical Aid to the ' JuvenUe in Conflict With Law'
As there are more youth in drug abuse in India as well as in the state of
Andhra Pradesh, the Juvenile drug addicts should be given the best available
medical and psychiatric treatment to see that they should not return to use of
drugs after their treatment in the institutions. Schools and college places should be
regularly patrolled to protect the children and youth from deadly drug habits and
to divert them to meaningful future and right direction.

20. Establishment of 'Guidance Clinics' &'CounseIing Centers' for

Deviate Criminal Behaviour

The 'institution of school' comes next to the family to mould the behavior
of children with good habits. As we have seen so many violent activities in the
schools, which increased the delinquent activities, so 1 counseling centers in
schools must be established for early detection and cure of the problem of
children in schools as they are be important segments of the society. Youth
'guidance clinics' or counseling centers should be established in our society to
bring psychological development in youth to mould the imguided which is
important to empower the youth to travel in right path to ensure the reformation
and rehabilitant.

The Right of Children to Free and Compulsory Education Act, 2009

guarantees free and compulsory education for the children in the age group of 6 to
15 years. Article 21A of the Constitution of fridia guarantees the right to primary
education to Indian children in the above age group as a fimdamental right. It is
the obligation of the Parents, Society and State providing education to the
children to transform them as responsible citizens of the country. Let us hope,
there will be no Juveniles in fiiture India.

Andhra University, Visakhapatnam

 INTERVIEW SCHEDULE FOR JUVENILE DELINOUENTS

Name

2. Sex & Age Male/Female [ ]

Age [ ]

3. Native Place Village/Urban Area

4. No. of Family Members

Living with Juvenile

5. Education and Occupation

of Family Members

SOCIO-ECONOMIC BACKGROUND OF THE JUVENILE DELINQUENT

Education Occupation Income

Respondent

Father

Mother

Brothers

1)
2)
3)
4)

Sisters

1)
2)
3)
4)

Andhra University, Visakhapatnam

 11

I. Behavioural Aspect of the Parent

6) Is your father living at home with you?

a) Yes ( )
b) No ( )
c) Sometimes ( )
d) I have no father ( )

7) With whom you confide when you have any problem?

a) Father ( )

b) Mother ( )

c) Brother ( )

d) Sister ( )

f) None ( )

8) Are you going to a school?

a) Yes ( )
b) No ( )

If'Yes'

i) Are;your studying in?

a) Private School ( )
b) Government School ( )

9) Do you like School in general?

a) Very much ( )
b) Some what ( )
c) Hardly ( )
d) Not at all ( )

Andhra University, Visakhapatnam

 HI

10) How many of your best friends are in your School?

a) One ( )
b) Two ( )
c) Three ( )
d) More than three (specify the number) ( )
e) None ( )

11) How many of your best friends have ever been picked up by police?
a) One ( )
b) Two - ( )
c) More than three (specify the number) ( )

d) None ( )
e) Cannot say ( )

12) As far as you loiow, have your best friends been involved in any illegal
activities in the past?
a) Never ( )
b) Sometimes ( )
c) Frequently ( )
d) Do not know ( )

U. DelinquentBehaviour of Juvenile:

13) What is the reason for your committal to this Institution?

a) Committed offence against property ( )
b) Committed offence against body ( )

14) Who are responsible for your delinquent behaviour?

a) Father/Mother ( )
b) Brother/Sister ( )
c) Guardian ( )
d) Friends ( )

Andhra University, Visakhapatnam

 IV

15) Do you admit that you have committed that offence?

a) Yes ( )
b) Not at all ( )
c) Partly ( )
d) Cannot say ( )

16) In the past have you stolen the things of value belonging to others?

a) Yes ( )
b) No ( )
c) Cannot say ( )

17) In the past have you damaged the property of others?

a) Yes ( )
b) No ( )
c) Cannot say ( )

18) On any occasion, have you beaten or injured others in the past?

a) Yes ( )
b) No ( )

m. Role of Police as Perceived by Juvenile in the Juvenile Justice System:

19) Do you know who have complained against your conduct to the police?

a) Parent ( )
b) Brother/Sister ( )
c) Friends ( )
d) Cannot say ( )

Andhra University, Visakhapatnam

20) Do you know that when you were arrested?
a) Immediately
b) Within one month
c) After one month
d) Cannot say

21) Are you aware of the place where you were arrested?
a) Yes
b) No
If 'Yes' for how many days?
a) One day
b) Two days
c) Three days
d) More than three days (specify the number)
e) Cannot say

22) How police treated you in their custody?

a) Cruel
b) Not so cruel
c) Indifferent
d) Friendly
e) Cannot say
23) Have you confessed or admitted the offence before the police?
a) Yes
b) No
c) Camiot say

If 'No', did police pressurize you to confess the guilt?

a) Yes ( ) b) No
If'Yes',
What methods were adopted by the police against you?
a) Cruel ( ) b) Not so cruel

Andhra University, Visakhapatnam

 VI

IV. ROLE OF JUVENILE COURT IN JUVENILE JUSTICE SYSTEM:

24) Do you know that who presented you before the Court?
a) Police ( )
b) Parents / Guardian ( )
c) Probation Officer ( )
d) Cannot say ( )

25) Do you know that what is Juvenile Court (Juvenile Justice Board)?
a) Yes ( )
b) No ( )
c) Cannot say ( )

26) Do you know that when were you presented before the Juvenile Court?
a) Yes ( )
b) No ( )
c) Cannot say ( )

If'Yes'
a) Immediately ( )
b) Within One week ( )
c) Within One month ( )
d) After One month ( )
e) Cannot say ( )

27) How many times you were presented before the Juvenile Court in the
past?
a) Many times ( )
b) Not many times ( )
c) Cannot say ( )

Andhra University, Visakhapatnam

 vu

28) Could you narrate your experience in the court?

a) Yes ( )
b) No ( )
c) Cannot say ( )

29) Have you engaged any lawyer to argue you case? Give reasons?
a) Yes ( )
b) No ( )
c) Cannot say ( )

V. OBSERVATION HOME / SPECIAL HOME AND DELINQUENT

JUVENILE:

30) Do you know where did you come to this Institution?

a) Observation Home / Juvenile Home ( )
b) Observation Home / Special Home ( )

31) How long have you been in this institution Years

Months Days

32) How do you spend your time in this Institution?

a) Studying in their School ( )
b) Undergoing Vocational Course ( )

33) To what extent the Education / Training which you have received / under
Gone in the Institution is benefited actually get in this Institution?

a) Very Low ( )
b) Low ( )
c) Moderate ( )
d) High ( )
e) Cannot say ( )

Andhra University, Visakhapatnam

 Vlll

34) Do you worry to live with humane dignity in its society?

a) Very much ( )
b) Some ( )
c) Hardly any ( )
d) Not at all ( )

VI. ROLE OF AFTER CARE INSTITUTIONS IN THE REHABILITATION

PROCESS:

35) Do you know that when will you be released from this School / Home?
a) After one year ( )
b) After two years ( )
c) After more than two years ( )
d) Do not know ( )

36) Do you know that where will you go after your release from this
School/Home?

a) Join with my family members ( )

b) Establish my own work place ( )
c) I do not have a place to go ( )
d) No idea ( )
37) Do you know about 'After-Care' Institution?
a) Yes ( )
b) No ( )
I f Yes',
Do you prefer to join there?
a) Yes
b) No
c) Cannot say

Any Other Information:

Andhra University, Visakhapatnam