The way that children and adults are treated under the law is very different. This is primarily because of the different roles of the judicial system. For adults the goal is to punish the offender. However, for children it is to rehabilitate and remould their future. Juvenile courts by their very nature were designed to be more therapeutic than the adult criminal system. Every move and act in this court is aimed towards “the best interest of the child”. The Juvenile Justice Board is a child friendly space that should not be intimidating or overwhelming for the child. A little bit of compassion and understanding would make a world of a difference to those on trial.
Criminal acts from young offenders are not uncommon. However, this group of individuals is often perceived as a group that can be rehabilitated to enable them to avoid a life of crime. This makes crimes involving juveniles a complex area of the law that attempts to balance the needs of the public and civic harmony with the needs of the youth. Juvenile delinquency is the act of committing a crime at a very young age. Teens are immature and they cannot think like adults. Therefore, they are prone to make mistakes or committing crimes that are not fully in their control. It goes without saying that family plays a vital role in the shaping on a teen’s behaviour and grooming her/his personality. Generally, teens become violent or show signs of delinquency when they face disturbances at home. Single parents are often busy working. As such they are unable to spend quality time with their children. Juvenile delinquency does not occur suddenly. Rather they are a series of incidents that cause violent and disturbed behaviour in children. Research has shown a strong association between childhood abuse, neglect and delinquent behavior.
Often teens turn delinquent due to poor economic conditions at home. They start engaging in wrong activities. They may start selling drugs or steal things to improve their economic condition. Small-time crime gives them the thrill they are seeking. The child’s environment is often a catalyst for bad behaviour. If these causes are checked earlier in life then any form of deviant behaviour can be checked. Poverty and living in dangerous neighbourhoods often lead children to engage in criminal activities. Reformation of delinquents is an easy task.
Emotional disorders occur when a child’s ability to function is impaired by anxiety and depression. The occurrence of depression among juvenile offenders is significantly higher than among other young people. Mental health disorders are more complicated and difficult to treat in young people than in adults. Unfortunately in almost all cases the mental health needs of juveniles often go untreated and unrecognised. Very often children are sent to the Institute of Public Health and Behavior (IPHB). Under institutional care, children are supposed to be provided with various services including education, health, nutrition, de-addiction, treatment of diseases, vocational training, skill development etc. to help them assume a constructive role in society. No such facilities have ever been available at the ‘Ápna Ghar’ at Merces which houses delinquent teenagers both girls and boys from Goa. Till date the Govt of Goa has turned a Nelson’s eye to the plight of these children. No efforts whatsoever are made for their rehabilitation.
Defendants often plead guilty because they do not have the relevant information and/or they do not understand the information provided. Most often they are not informed of the consequences of pleading guilty. The constitution does not forbid a defendant from admitting his/her guilt. It is important for defence practitioners to better understand the complexities of a guilty plea decision.
S (14)(3) of the Juvenile Justice Act (JJA) clearly states that preliminary assessment in case of heinous offences such as rape and murder under S (15) shall be disposed of by the Juvenile Justice Board within a period of three months from the date of first production of the child before the board. But this never happens and even after 3 months the Social Investigation Report (SIR.) which is done by the probation officer (P.O.) is nowhere in sight. Who owns responsibility for this? The law is the written word. They are rules we put on paper to govern individuals and societies. There is no provision for condonation of any delay in the Juvenile Justice Act. Any delay calls for a closure of case against the juvenile.
A child needs to form secure emotional attachments with responsive care-givers to grow into productive individuals with a healthy capacity for giving and receiving love. If a child is deprived of a wholesome, nurturing childhood, the negative traits and characteristics that are imprinted on him from birth take form in imminent offending behaviours. The first step in addressing an issue such as this is to focus on prevention.
Early childhood is an extremely vulnerable time when the child’s brain is forming, and he is learning from, his parent or caregiver about values such as honesty, consideration and love. Sometimes the parent is not a good role model and is unconsciously teaching their children the wrong way of life. Child protection means creation of a protective environment in the home, school, community and society so that children are protected from all kinds of harm. It means providing a safety net for children who are more vulnerable than others and who need special care and protection. It must be understood that a child's right to protection is part of each and every right and it is not possible to ensure other rights without ensuring protection.
(The writer is a social scientist and a member of the Juvenile Justice Board Goa).