RESEARCH PROPOSAL

TITLE- THE ISSUE OF JUVENILE DELINQUENCY IN INDIA: HISTORICAL

BACKGROUND, PREVENTION AND REHABILITATION CONCERNING JUVENILE
JUSTICE ACT OF 2015

SUBMITTED BY- AYUSH SINGH

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THE ISSUE OF JUVENILE DELINQUENCY IN INDIA: HISTORICAL BACKGROUND,
PREVENTION AND REHABILITATION CONCERNING JUVENILE JUSTICE ACT OF 2015

INTRODUCTION

Kofi A. Annan, former Secretary-General of UN observed that,

“We were all children once. And we all share the desire for the well-being of our children,
which has always been and will continue to be the most universally cherished
aspiration of humankind”1

Worldwide children are considered as essential resources of the state. The Government of India
additionally through its National Policy for Children has passed on, that their consideration and
support are our obligations. Our point ought to be, to give equivalent chances to sustenance to all
youngsters during the phase of their development, for this could satisfy our much significant
motivation behind abbreviating disparity and guaranteeing social equity. Youngsters, because of
their preeminent significance, are a subject of a prime focal point of formative arranging,
exploration, and government assistance in India however deplorably, they are a 'nearly
overlooked' lot and require consideration that has not been paid to them. Despite the
Constitutional vision of a flourishing and exuberant kid protected against abuse and misuse, and
a National Policy for Children, for most youths in India it's still an out-of-reach dream. What's
more, 'the route forward for the nation' keeps on subsisting without a cared for, shielded, and
significant childhood. The juvenile justice framework is brought about by enactment targets
administering care, security, treatment, advancement, and recovery of the reprobate and ignored
adolescent. India is a signatory to the UN Declaration on The Rights of the Child, 1959 which
characterized and perceived different Rights of the Child, specifically:
• The privilege to wellbeing and care

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Forwarded by Kofi [Link] in “The State of World's Children, 2000” quoted in Mamta Rao,
Law relating to women and children, (Eastern Book Company,2005) Ed. 3rd, pp. 444-445.
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 • The privilege of protection from abuse
• The privilege of security from exploitation
• Right to assure from disregard
• Right to information Right to expression
• Right to nourishment.
India has endorsed and embraced a National Policy on Children in 1974 for achieving the previously
mentioned rights for its kids which reaffirmed the Constitutional arrangements for sufficient help to
youngsters both on birth and after, and through the time of development to shield their full somatic,
psychological, and social development. The Government of India with the point of view of making a
move to audit the National and State enactments and to carry them in the line with the arrangements of
the Convention has created suitable checking strategies for surveying programs in executing the
Convention on the Rights of the Child. India is moreover a party and signatory to the World
Declaration on Survival, Protection, and Development of Child, 1990 and for the point of satisfying its
dedication made at the World Summit, a public strategy for adolescents has been defined under the
Ministry of Human Resource Development, remembering the specifications, rights and wants of about
300 million kids inside the nation. In India, the scene for the children has changed a lot and their issues
and related problems are given consideration and are being examined at different forums. The subject
of bestowing authentic security and care to the children of such a huge number might be a monumental
test. Some of our adolescents because of variegated financial reasons have included themselves inside
the rundown list of delinquent kids. Present-day youth, particularly youngsters, are feeling immense
societal pressure because of ever-changing social perceptions. A report of UNICEF in 2005 on the
condition of the world's children under the title "Child under Threat", talking in respect to India,
referenced that diverse Indian kids are getting stripped of their privilege of endurance, physical
prosperity, sustenance, tutoring, and safe water. This is what is befalling some of the small kids who if
appropriately dealt with, would light up the future of the nation. The proclamations “Children are a
supremely important national asset2” and the greatest gift of humanity3 seems hollow when compared
with the ground-level realities. The kids in India require twofold assurance. On the one hand, they
should be furnished with the necessities for their general advancement making them physically strong
intellectually ready, scholastically splendid by bearing them, independent of their sex, family
environment for appropriate developing and prepping of the kid. The activity is needed on two fronts.
Initially, by forestalling and capturing the expansion in the quantity of adolescent misconduct, and

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 2
Laxmikant Pandey vs. Union of India,1984(2) SC 244, 249
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Bandhua Mukti Morcha vs. Union of India (1997) 10 SC 551-553

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 besides that by giving the deficient kid or a 'juvenile in a struggle with the law' an appropriate
chance to change him and join the standard of the general public. Juvenile delinquency is hard to
be characterized by its social meanings. There's a distinction of assessment given by the various
specialists inside the field and inside the assortment of offenses and conduct which is
incorporated inside the wrongdoing. There is, nonetheless, improved mindfulness that the
misconduct establishes a debate of the numerous measurements that must be concentrated by
various types of approaches. Some of the definitions have made the idea completely wide to
incorporate all issues of adolescent bad conduct while others have zeroed in on just the conduct
which establishes a criminal offense explicitly restricted by legal definitions which are brought
immovably under the watchful eye of the court, similar to infraction, vagrancy, intrigue, and
attempt to abuse the resolution. There's another conclusion likewise which says that disarray has
been made among misconduct and other social and conduct issues of adolescents and connected
disarray is concerning the worthy capacity and strategy for the court and presently NGOs taking
care of the adolescent wrongdoers. Whatever be the definitions given by the various specialists
and understudies on the point, the undeniable reality remains that the children need to be given
the basic amenities and positive outlook on life to safeguard themselves from turning into
delinquents. The present delinquent will be a criminal tomorrow. In this manner, there's a need
to give explicit significance to kids in society. The significance of youths can ideally be
envisioned and acknowledged. By controlling wrongdoing we will be controlling and checking
the lawbreakers. It can no more be contested and is an open conceded demonstrated truth that
inclination among young people to perpetuate wrongdoing and relish in anti-social activities is
expanding. The National Policy for Child has properly seen that the Nation's youngsters are a
remarkably significant resource. The future, advancement, and security of a general public rely
on the welfare of its youngsters. Juvenile Justice System assistance is of preeminent significance
to humankind. The child is an essential association and is qualified for any or all that makes for
solid living, adequate diversion, tutoring received to his common living techniques, insightful
home consideration and in this manner the option to build up his capacities to their fullest
degree. Absolute prosperity of the child incorporates not just the consideration of maladjustment
and delinquent youngsters, yet in addition to the occasion of a child’s physical, mental,
passionate, and social resources. Lately, bad conduct has developed, joined with the first
significant part of the subject matter of criminology. An inclination for a target evaluation of the

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 issue and along these lines the improvement of the new procedure is furthermore being felt.
Delinquent conduct has assumed genuine structures among adolescents, which might be an
indication of a debilitated society. The disorder and annihilation because of degenerate, deviant
conduct, is spreading to maximum extents in social associations and is an enlivening call to
those that are either in its hold or are probably going to initiate it. Juvenile delinquency is a
necessary piece of understanding criminology. The two can't be isolated since one of all the
clarifications for wrongdoing and its continuation into grown-up life is that the incapability to
control and treatment of adolescents. Bad conduct could be a major breading focus of
lawbreakers. In the present day, it's utilized and applied to those youngsters who commit unjust
and hurtful activities

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LITERATURE REVIEW
1. The work is titled “JUVENILE DELINQUENCY IN INDIA" by R Roshni and
PROF. Dr. A Sreelatha gave a brief idea about the present legislations around juvenile
justice and the trends of Juvenile Delinquency in India but the authors have not
included how the measures by which juvenile delinquency can be avoided at an early
age.

2. The article was written by Ms. Abhilasha Belwal and Mr. Ashish Belwal,
“JUVENILE DELINQUENCY IN INDIA" talks about the Juvenile Justice Act, its
history, and how there is a need to reduce juvenile delinquencies at an early age whilst
improving the scope of rectification.

3. The research work done by Ms. Rajni Kohli and Ms. Kunjana Mittal, “JUVENILE
DELINQUENCY IN INDIA” explains the meaning of Juveniles, and the causes of
the increase of the number of Juveniles, and the Judicial decisions regarding Juvenile
Delinquency.

4. The research work authored by Deepika Kamboj and Dr. Rajesh Hooda,
“UNDERSTANDING JUVENILE DELINQUENCY: CAUSES AND CONCERN”
says that there is a dire need to create a mechanism for assessing the needs and
requirements of the juveniles and this should be reviewed regularly. India needs to
adopt a model which could balance the need to rehabilitate the juvenile offenders and
at the same time take responsibility for their crime and ensure justice for the victims.

5. In the article “JUVENILE DELINQUENCY IN INDIA- LATEST TRENDS AND

ENTAILING AMENDMENTS IN JUVENILE JUSTICE ACT”, Deepshikha
Agarwal has explained the reasons for the increase in Juvenile crimes i.e. the factors
which have increased the rate of delinquent tendencies but the article does not talk
about how the rate of crime should be reduced.

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STATEMENT OF PROBLEM

Children in India, because of their sheer numbers, ought to have been the subject of
the prime focus of development planning, research, and welfare in India but it has not
been so. Despite the constitution’s vision of a healthy and happy child- protected
against abuse and exploitation, and a National Policy for Children- most children in
India continue to live without a childhood. The Indian Constitution through several
provisions grants important rights to the children of the country. It also lays down
duties for the state to ensure that their needs are met, and rights are safeguarded. The
juvenile justice system, as conceived by legislation, aims at providing care, protection,
treatment, development, and rehabilitation of delinquent and neglected juveniles.

RESEARCH QUESTION

1. How has the concept of Juvenile Justice evolved in India?

2. Whether preventive measures and awareness are enough to prevent juvenile

delinquency.

PURPOSE AND OBJECTIVE

1.  Discuss the notions of crime and juvenile delinquency;

2.  Comment on the “dark figures” in crime and delinquency;

3.  Describe the impact of the familial and social environment on crime and delinquency
to find out the reason for juvenile delinquency.

4. To examine the efficacies of government measures.

5. To know about trends of juvenile delinquency in India.

RESEARCH METHODOLOGY

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The researcher has focused on Doctrinal research methodology and collected data mainly
through secondary sources like books, articles, e-sources, and case laws. Further, this data has
been linked with the latest amendments made in the Juvenile Justice Act.

TENTATIVE CHAPTERIZATION 

Chapter 1: Introduction

Chapter 2: Historical Perspective

Chapter 3: Juvenile Justice in India

Chapter 4: Juvenile Justice, Role of Police and other agencies

Chapter 5: Preventing Juvenile Delinquency

Chapter 6: Rehabilitation of Children in Conflict with law

Chapter 7: Conclusion

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