Children in Conflict with Law: A Comprehensive Analysis

The term “children in conflict with law” refers to individuals below the age of 18 who have come into contact with the justice system due to alleged criminal activities. The importance of addressing the needs and rights of these young individuals is underscored by international organisations, such as UNICEF and national legislation, including the Juvenile Justice (Care and Protection of Children) Act, 2015 in India.

In this article, we will explore the multifaceted aspects of children in conflict with law, examining the legal framework, causes of delinquent behaviour, types of offences and the evolving scenario of juvenile justice in India.

Meaning of Children in Conflict with Law

Children in Conflict with Law refers to individuals below the age of 18 who have become involved with the justice system due to alleged criminal activities. This term encompasses a broad spectrum of offences, ranging from minor infractions to serious crimes. The Juvenile Justice (Care and Protection of Children) Act, 2015 in India governs the treatment and rehabilitation of these children, emphasising a child-friendly and holistic approach.

The focus is on protecting their rights, providing proper care, and facilitating social reintegration. Understanding the root causes of delinquency and implementing preventive measures are essential in addressing the multifaceted challenges faced by children in conflict with the law.

Legal Framework on Children in Conflict with Law

In the Indian context, the legal framework governing children in conflict with law is primarily embodied in the Juvenile Justice (Care and Protection of Children) Act, 2015. The Act recognises the inherent potential of every child to grow up and contribute positively to society. It prioritises the protection, care and rehabilitation of children who find themselves entangled in the justice system. The term “child in conflict with law” is defined in the Act as an individual below 18 years alleged or found to have committed an offence.

The Act adopts a holistic approach, emphasising the child’s well-being and development. It acknowledges that certain behaviours leading to conflicts with the law are often learned early in life and it seeks to address these issues by providing proper care, protection and social reintegration. The Juvenile Justice Board plays a pivotal role in adjudicating matters related to children in conflict with the law, ensuring a child-friendly approach in its proceedings.

Causes of Delinquent Behavior

Juvenile Delinquency can manifest in various forms, ranging from emotional outbursts and petty thefts to more serious offences like murder or sexual assault. Understanding the root causes of delinquent behaviour is crucial for effective intervention and prevention. The causes can be broadly categorised into individual, group-supported, organised and situational delinquency.

Individual Delinquency

This type of delinquency involves actions committed by a single individual, with the causes often attributed to psychological problems arising from family interactions. Psychiatric perspectives suggest that delinquency in this context is linked to defective or pathological family dynamics.

Group-Supported Delinquency

In contrast, delinquencies in this category are committed in companionship with others. The causes are not solely rooted in the individual or family but extend to the culture of the home and neighbourhood. Research indicates that association with delinquent peers can significantly contribute to such behaviour.

Organised Delinquency

This involves offences committed by formally organised groups. The concept of a “delinquent sub-culture” highlights the values and norms guiding group members, encouraging delinquencies and awarding status based on such acts.

Situational Delinquency

This perspective assumes that delinquency is not deeply rooted but is influenced by less developed impulse control, weaker family restraints and the perception that there is relatively little to lose even if caught. It provides a different angle by focusing on motives for delinquency and means of controlling it.

Types of Offences by Juvenile in Conflict with Law

The Juvenile Justice Act categorises offences committed by children into three main types based on the severity of the crime:

• Petty Offences: These include offences for which the maximum punishment under the Indian Penal Code or any other applicable law is imprisonment up to three years. Examples may include minor thefts or vandalism.
• Serious Offences: Serious offences encompass those for which the punishment under the Indian Penal Code or other laws ranges from imprisonment between three to seven years. This category may involve crimes such as assault or burglary.
• Heinous Offences: Heinous offences committed by children include those for which the minimum punishment under the Indian Penal Code or other applicable laws is imprisonment for seven years or more. These offences may involve severe crimes like murder or sexual assault.

Evolving Scenario of Juvenile Justice in India

The National Crime Records Bureau (NCRB) statistics provide insights into the evolving scenario of juvenile justice in India. According to the NCRB, a total of 31,396 cases of children in conflict with the law were reported in 2015, with a crime rate of 2.1 percent. It is noteworthy that a majority of these cases involve petty crimes that could be preventable through proper guidance, counselling and economic strengthening of families.

While the overall number of cases has decreased marginally, the focus should be on preventing children from getting involved in criminal activities. A positive sign is the decrease in cases related to Special and Local Laws (SLL), highlighting the potential impact of preventive measures. The NCRB data also reveals that a significant proportion (42.5 per cent) of children in conflict with the law belonged to economically weaker sections, emphasising the link between socioeconomic factors and delinquency.

Comparison with International Trends on Children in Conflict with Law

In comparing juvenile justice trends, it is crucial to note that the overall rate of child crimes in India, at 2.1 per cent in 2014, is lower than in developed nations like the UK and the USA. This data challenges the portrayal of a moral panic in society regarding children’s involvement in offences, as often depicted in various media.

It is essential to recognise that children’s involvement in serious and heinous crimes remains marginal, with a small percentage participating in property-related offences. Ensuring the reduction of risk factors and preventive measures is imperative to steer children away from criminal activities.

Conclusion

Understanding and addressing the challenges faced by juveniles in conflict with law requires a holistic approach that incorporates legal, social and psychological perspectives. The Juvenile Justice (Care and Protection of Children) Act, 2015, stands as a testament to India’s commitment to protecting the rights and well-being of its young population.

By focusing on preventive measures, counselling and socio-economic support, society can play a pivotal role in reducing juvenile delinquency and providing every child with the opportunity to grow and contribute positively to the nation.