Children and Crime in India

In recent years, the involvement of children in criminal offences has captured global attention as media indulge in periodic bouts of moral panic about the state of the younger generation. Unfortunately, such reports fail to understand that no child is born as a deviant. Often, he/she becomes one through his/her association and interaction with others, indicating that deviance is primarily an environmental and social problem. While the society is in quick to condemn them as criminals who should be treated with severe punishment, it is often overlooked that most of these children get into deviance primarily due to the unique features of their growth and development stage which make them adventurous, less future-oriented, impulsive and susceptible to peer influences which can, at times, lead to deviant behaviour. It is unfortunate that little effort is done to understand them from their perspective regarding what pulled and pushed them to deviance? This central theme of the introductory chapter is to place the subject of inquiry in the right perspective by explaining the problem, the key concepts of juvenile delinquency, deviance and crime and the framework adopted for the study.

Children engaged in offences tend to share certain common features: they are victims of multiple deprivations; most come from poor or dysfunctional families and had parents with lower levels of education. This does not mean, however, that deviant behaviour is the monopoly of children from lower-income groups. Evidence shows that children from middle- and high-income families also commit offences, but these tend to remain hidden in the data as most such cases are settled before they come to court. The law appears to be harshest, therefore, to those who are the most socially and politically vulnerable. Nevertheless, poverty cannot be considered as the root cause of offences by children as there are millions of poor children who are law-abiding. It is best regarded as one among many risk factors. The focus of this chapter is to conduct a critical analysis of the profile of children in conflict with law and to find a correlation between offences and socio-economic variables.

Children get involved in all types of offences such as the violation of Special Local Laws (SLL) or the Indian Penal Code. They may commit non-serious/heinous offences like theft/robbery or serious/heinous offences such as murder, attempt to murder and rape. The latter, however, account for only a very small number, implying that their engagement differs from that of adults as their acts of offences are mostly the result of developmental/age-specific features such as provocation, peer influence, immediate rewards, curiosity/exploration and risk/adventure than a premeditated and determined act. Affirming the same with self-reports of children, this study calls for the mitigation of their culpability and blameworthiness. Critically examining the nature of offences committed by children who are in various detention centres this chapter argues and establishes why they should be treated differently while holding them responsible and accountable for what they have done.

It is hard to isolate any one factor and assert that it invariably causes deviance/offence by children. It relies on a mix of individual traits, family experiences, school experiences, peer influences and the community where he or she lives. The empirical results and the secondary literature suggest, however, that lack of attachment, a negative environment and wrong role models which children observe and experience in life have an adverse influence on them, contributing to their growth and maturation into unacceptable behaviour. By contrast, if children remain attached to their family, school and community they are less likely to be lured into deviant behaviour. A self-account of the children in conflict with the law has been presented in this chapter, highlighting the factors that pushed and pulled them to deviant behaviors and how they ended up in detention centres.

Developmental psychology suggests that childhood is a maturing phase and that children are easily amenable provided they are safeguarded against any physical and mental trauma and supported with adequate services. This chapter offers a critical review of the implementation of the existing Juvenile Justice Act (JJA) in India through the lens of the stakeholders in the system: the police, officials of detention centres and the Juvenile Justice Board (JJB). The chapter argues that incarceration is not the most appropriate or effective option, even for the most serious adolescent offenders. Evidences prove that if children are provided community-based supervision and after-care services, positive changes can be brought into their lives. The chapter concludes by stating that the discussion and debate about the system should be focused on making it more reformative and restorative by incorporating diversion, community services, victim offender mediation, family conferences, group therapy into the JJB structure.

Children are valued assets. They need to be protected and nurtured, and to be steered away from deviance. This requires the entire community and village to take part in raising children. The needs of each child in conflict with the law vary, implying individualized tailored intervention and service packages. This requires that juvenile justice professionals make appropriate risk and need assessments to make the right mix of workable service and treatment package. In addition, the supportive, critical and nurturing environment created in families, schools and communities can prevent children being lured into unacceptable behaviour, on the one hand, and help them to achieve their full potential on the other. This chapter, which draws some conclusions about the study, ends with a positive note exhorting communities and families to begin with having conversations with each other, bonding and sharing values.