Chapter 1 Introduction

1.1 Background

Criminology has several developed several theories regarding the crime and criminals and
causes behind such behavior. Among these several theories Social Disorganization theory is
one of the theories that deal with crime and criminals from sociological perspective. Chicago
School of Sociologists is the prominent school of social disorganization theory. The social
disorganization theory studies the social system and informal organization such as family,
neighborhood, school, community etc. The major focus of the social disorganization theory is
increase in the deviant behavior and crime based on the disintegration and disorganization in
the social system which is easily passed on to the generations increasing the juvenile
delinquency.

Children or juvenile are the people below the age of 18. The deviant behavior of the minor is
known as the juvenile delinquency. This term is going to deal the social disorganization
theory and its applicability in juvenile delinquency in Nepalese context.

1.2 Objectives

The objectives of the term paper are;

 To study the social disorganization theory

 To study about the juvenile delinquency and applicability of the social disorganization
theory in Nepalese Context.

1.3 Research Problem

What are the Causes behind the juvenile delinquency in Nepalese context applying the social
disorganization theory?

1.4 Methodology

 The term is prepared based on the secondary research.

 The term paper has used primary and secondary data.

 The secondary data has been collected from book and internet.

1.5 Limitations

 The term paper is limited to the study of basic assumptions of the social
disorganization theory.

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  The term paper is limited to the applicability of the social disorganization theory in
juvenile delinquency in Nepalese context.

1.6 Organization of Chapter

The term paper consist three chapters. The first chapter deals with the introduction of the
term paper along with background, objectives, research problem, methodology and limitation.
The second chapter deals with the social disorganization theory and juvenile delinquency in
Nepalese context. The third chapter deals with the analysis and conclusion.

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 Chapter 2 Social Disorganization Theory

2.1 Introduction

The crime has existed in human society since the human civilization. There has been several
studies and research based on which the scholars have developed several theories to explain
crime and criminal behavior of human. Social disorganization theory is also one of the
examples of such theory developed by the scholars. Social disorganization theory tries to
explain the crime and cause behind such deviant behavior from the sociological perspective.

The social disorganization concept was applied to the explanation of crime delinquency and
other social problems by sociologists at the University of Chicago in the early 1900s. The
social disorganization theory studies the informal organizations that exist in the society which
has the certain controlling force towards the human behavior. The informal organizations are
family, school, community etc and breakdown or disintegration in such organization is causes
of the crime and deviant behavior is the basic concept of the social disorganization theory.

Juvenile is the matter that is determined by the age. Any person who is recognized as the
minor legally is juvenile. Nepalese Child Act, 1990, mention, every human being under the
age of sixteen is Juvenile.1

Juvenile delinquency refers to the antisocial or criminal activity of the child below 18 years
of age and which violates the law. In true context, that same activity would have been a crime
if it was committed by the adult. Such activities are definitely tried in juvenile court and are
sentenced a bit differently than that of an adult.2

Delinquency is the legal term not psychological term. According to Esman delinquency is not
psychological or medical term rather it is legal term which denotes the behavior not the
person showing behavior.3

2.2 The Social Disorganization Theory

The social disorganization theory proposes that social order, stability, and integration are
conducive to conformity, while disorder and mal integration are conducive to crime and
deviance. The system is described as disorganized or anomic if there is a disruption in its

1
Children’s Act 2048 section 2(a)

2
[Link] 2012/04/28 2:00pm

3
Juveniles in Detention 2005 Unicef
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social cohesion or integration, a breakdown in social control, or mal alignment among its
elements.4

The concept of social disorganization was applied to the explanation of crime, delinquency
and other social problems by sociologists at the University of Chicago in the early 1900s. As
a booming industrial city, increasingly populated by recent immigrants of diverse racial and
ethnic backgrounds, the city of Chicago provided a social laboratory for the development of
American criminology. Rapid growth and change were viewed as “disorganizing” or
“disintegrative” forces contributing to a breakdown in the teaching and learning of those prior
"social rules" which had inhibited crime and delinquency in European peasant society
(Thomas and Znanieki, 1918). Although better known in contemporary criminology for his
“differential association” theory of criminal behavior, Edwin Sutherland (1924, 1934, and
1939) elaborated on the concept in the development of his theory of systematic criminal
behavior, and Clifford Shaw and Henry McKay (1929) applied it to the explanation of
specific patterns of delinquency documented for Chicago and its suburbs.5

Although there is probably much disagreement over it, the following are some of the
important assumptions in most, if not all, social disorganization theories:6

Crime and delinquency are caused primarily by social factors (environmental

determinism)
2. The facts speak imperfectly for themselves, but better if fitted into theory (positivism)
3. Official statistics are OK, but fieldwork is better (acceptance of official arrest data)
4. The city is a perfect natural laboratory (cities like Chicago reflect society as a whole)
5. Components of social structure are unstable (conflict, anomie, social disorganization;
conflict or anomie if talking about political economy or society; social disorganization if
talking about cities and neighborhoods)

Shaw and McKay argued that “when business and industry invade a community, the
community thus invaded ceases to function effectively as a means of social control.
Traditional norms and standards of the conventional community weaken and disappear.
Resistance on the part of the community to delinquent and criminal behavior is low, and such
behavior is tolerated and may even become accepted and approved. (1929: 204-205).”7

Shaw and McKay explained that people residing in the disorganized society are no
biologically or psychologically abnormal; rather their crime and deviance were simply the

4
Ronald L. Akers and Christine S. Seller, Criminological Theories Introduction Evaluation and Application Rawat
Publications New Delhi 4th edn. 2004 pg no. 159

5
[Link] 2012/04/28 3:00pm

6
Sampson_CommunityStructureCrime.pdf (application/pdf Object) 2012/04/28 4:45 pm
7
Ibid
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normal responses of normal people to abnormal social conditions. 8 Shaw and McKay (1942)
also noted that, aside from the lack of behavioral regulation, socially disorganized
neighborhoods tended to produce “criminal traditions” that could be passed to successive
generations of youths. This system of pro-delinquency attitudes could be easily learned by
youths through their daily contact with older juveniles. Thus, a neighborhood characterized
by social disorganization provides fertile soil for crime and delinquency in two ways: through
a lack of behavioral control mechanisms and through the cultural transmission of delinquent
values.9

2.3 Juvenile Delinquency in Nepal

The instances of the juvenile delinquency in Nepal are seen from the case laws from the
supreme court of Nepal on the issues of juvenile delinquency. Some of the case laws on the
issues of juvenile delinquency settled by the Supreme Court are;

a) Bablu Godiya v. Banke District Court10

In this case the writ was filed against the decision of the Banke District court in 2057 BS
where the Bablu Godiya offender of theft given the punishment of judicial custody but as the
offender was of 14 only so claimed that he is entitled to be kept in Juvenile Reform Home.
The Bablu Godiya is the juvenile of 14 years who is illiterate, belongs to the poor family and
engaged in the ice cream selling business. At the time of offence he along with his friends
was walking in the street at night.

b) Sarita Tamang v. Ilam District Court11

In this case the Sarita Tamang minor of 13 years abettor of homicide of her own father abets
her mother and sister in order to get rid of the every day’s torture of her father quarrelling,
battery and he even tried to abuse her sexually. She was sent to the juvenile reform house
after writ petition filed by advocate Ashish Adhikari on the behalf of the Sarita Tamang who
was in prison like adult.

c) Manoj Shah v. Nepal Government12

8
Ibid

9
[Link]
chapter04_social_disorganization.aspx 2012/04/28 5:00pm

10
Bablu godia vs Banke District Court writ no : 3390/2057(Decision in-march 15,2001,Supreme Court)

11
Sarita Tamang vs Ilam District Court writ no : 4/2058(Supreme Court) Nov. 17/11/ 2002

12
Manoj Sah vs Nepal Government Criminal appeal no:215/2063,decision in-2064/11/29,SC
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Manoj Shah is the minor of 15 accused of involved in Narcotic Drugs transaction. Manoj
Shah has run away from the home because of the poverty and his father’s abuse. He wanted
to earn money and in order to earn money involved in the narcotic drugs transaction.

d) Khha Kumari v. Nepal Government13

In this case both offender and victim are minor. The offender has inflicted poison in the tea of
offender and also in the tea of herself. They were the classmates and also were in relation
they have decided to kill themselves so that they won’t be apart. Unfortunately the boy died
but the girl survived after treatment.

13
NKP 2066 4th edn. D.N 8135 pg no. 690
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 Chapter 3 Analysis and Conclusion

The social disorganization theory is developed by the Chicago school of sociologists in early
1900s. Among the several scholars who had developed the social disorganization theory
Clifford R. Shaw and Henry D. McKay are the most prominent scholars. The social
disorganization theory is ecological and sociological theory.

The social disorganization theory mostly deals with the social organization and informal
organizations or institutions of the society as the cause behind the crime and deviant
behavior. Shaw and McKay have researched in the Chicago urban area to find out the causes
of the juvenile delinquency where they propounded the social disorganization as the cause
behind the juvenile delinquency and deviant behavior and crime.

The informal institutions such as family, neighbor, community, school etc are the informal
mechanism of the social control which controls the members of the society from doing
deviant behavior and committing offence, the disintegration or disorganization in the
informal institution cause the lost in the control mechanism which cause the increase in the
deviant behavior and crime. Because of the social disorganization the deviant behavior and
criminal behavior is easily learned by the juveniles, which cause the deviant behavior in the
juveniles.

The application of the social disorganization theory in the juvenile delinquency in context of
Nepal could be related with the instances above mentioned. In all above instances of the
juvenile delinquency in Nepalese context, in the cases of Bablu Godiya, Sarita Tamang,
Manoj Shah they all belong to the disorganized family institution where the economic
condition is not so good along with the illiteracy, which caused the lost in control mechanism
of the family.

And in the case of Khha Kumari the minors are involved in the love relation although they
are not mature enough to understand such relation has tried to kill themselves. This situation
arises when the family as well as school does not bother to understand the mental situation of
the teen aged minors. This shows the disorganization in the social institution.

Thus the social disorganization theory has applicability in the juvenile delinquency in
Nepalese context. The society is the place where the child grows up and learns each and
every lessons of his/her life. Family is the first school of the child and then neighborhood,
community; schools are also the place where the child learns how to behave. When the
informal institutions of the society are disintegrated the control mechanism also fails and then
cause increase in the deviant behavior and crime.