Aneesha Mathur , Aneesha Mathur : New Delhi, Tue Jan 08 2013, 09:33 hrs

Juveniles in crime Children's rights experts say lowering age-limit or harsher punishment for juvenile offenders will not solve larger issue.

Following the brutal gangrape and death of the 23-year-old paramedic student and the revelation that one of her alleged attackers is believed to be a juvenile, the debate on methods to deal with juvenile delinquency and need to protect children in vulnerable situations has been brought to the fore.

While a large number of people have called for amendments in the Juvenile Justice Act and for lowering the age-limit for the protection extended to juveniles, child rights experts say harsher punishments, not lowering the age-limit, would be the solution.

"Instead, our government should be thinking of radically improving its performance with regard to implementation of the Juvenile Justice Act," a child rights activist, who works with juvenile delinquents and children in need of care, said.

A glance at the data put out by the National Crime Records Bureau for 2011 shows that 1,210 boys under the age of 18 were apprehended by police across India for rape. Over 1,100 boys were apprehended across India for murder, 573 for kidnapping and abduction of women, and 3,254 for burglary.

While the figures themselves are shocking, there is a more alarming factor underlying these figures, say experts.

People working with Juvenile Justice Boards (JJBs) in Delhi say over 70 per cent of the rape cases registered against juveniles in Delhi are those of "consensual or exploratory sex" between two minors. This is punishable as statutory rape due to the age of the girl involved.

"Of all the cases that come before the JJBs, at least 75 per cent boys do not repeat the criminal behaviour and are reformed after counselling. Others need counselling, or education and involvement in some occupation to keep them away from such behaviour. Only 5 per cent of all juveniles, brought before the JJBs, are criminal-minded or hardened criminals," an advocate working with Juveniles in Conflict with Law said.

Many of these children belong to the poorest section of society, another lawyer said.

Children's rights volunteer Minna Kabir, who is involved with various committees of the National Commission for Protection of Child Rights, Delhi Legal Aid Services and the Juvenile Justice Board, said counselling of parents, other family members and the children involved in criminal activity is done when they are brought before the JJB.

"There seems to be a perception that these children are simply let off. That is not true. We explain to them that what they have done is wrong — that they have committed a crime. Most of these children grow up in an environment where they are neglected or face mental, physical or sexual abuse themselves. Throwing them in a jail will not help in their rehabilitation," Minna Kabir said.

Child rights activists and lawyers also point out that most juvenile offenders are usually involved in petty cases — like thefts and robberies. "These happen because most of the children belong to the poorest of the poor sections of society and grow up watching violence and abuse in their families and neighbourhoods," a lawyer said.

"I have seen cases where a 13-year-old boy was accused of sodomising a 12-year-old boy. During counselling, the boy told us that they wanted to try it because they saw it in a pornographic film. Both the boys lived in a slum where they are exposed to all sorts of influences. They try to emulate whatever they see," a child counsellor said.

Experts also say the instances of such horrific violence and sexual abuse are not so common among juvenile offenders. "In the last seven years that I have worked in this field, there have been three, or maybe four, cases where a juvenile has been involved in a violent rape case like the Delhi gangrape case," a lawyer, who works as a legal aid counsel in a JJB in Delhi, said.

Raajmangal Prasad, Child rights activist and former chairperson of the South Delhi Child Welfare Committee, said the main reason for juvenile crime is the failure of the mechanism put in place to protect vulnerable children from falling under the influence of drugs or in the wrong company of adults.

"The Juvenile Justice Act envisages a system where a Special Juvenile Police Unit must be created in every district. These units are supposed to identify the children who are vulnerable to engaging in criminal behaviour, and extend help to them. When we ignore children living on the streets or in pitiable conditions, we allow them to stay in a place where they can easily come under the influence of criminal-minded adults," Prasad said.

Lawyer Anant Asthana, who has been working in the field of child rights for several years, said the lack of a support system is the reason for children turning to crime.

"Law tells us to have an efficient probation service, which is supposed to work as the backbone of the Juvenile Justice Administration System. But, the reality is that in 2011, the Juvenile Justice Board in Delhi observed that 'probation service is dead'. Institutions for residential care of children are full of cases of abuse, apathy and violence. We have reports coming about this from all corners of our country. When we look at state's outreach to children, we find that our capital alone has around 80,000 children on its streets. Someone should ask, 'Why are these children on streets? What do we expect them to grow into?'" Asthana said.

Rights debate

There seems to be a perception that these children are simply let off. That is not true. We explain to them that what they have done is wrong — that they have committed a crime. Most of these children grow up in an environment where they are neglected or face mental, physical or sexual abuse themselves. Throwing them in a jail will not help in their rehabilitation.

Minna kabir, Children's rights volunteer

Law tells us to have an efficient probation service, which is supposed to work as the backbone of the Juvenile Justice Administration System. But, the reality is that in 2011, one JJB in Delhi observed that 'probation service is dead'. Institutions for residential care of children are full of cases of abuse, apathy and violence. Our capital alone has around 80,000 children on its streets. Someone should ask, "Why are these children on streets? What do we expect them to grow into?

Anant Asthana

Lawyer

When we ignore children living on the streets or in pitiable conditions, we allow them to stay in a place where they can easily come under the influence of criminal-minded adults

Raajmangal Prasad

former chairperson of the South Delhi Child Welfare Committee

http://archive.indianexpress.com/news/-society-has-failed-to-take-care-of-the-young-/1055965/0