Juveniles in serious crimes

Praveen Dixit

(DGP retired, Maharashtra State)

Memories of horrible incidents such as Nirbhaya episode in Delhi are never

forgotten. Unfortunately, similarly terrible happenings are being reported from urban as well

as rural areas and from all states without any exception. In few occasions, it is an incident of

gang rape on helpless especially abled destitute, small girl belonging to scheduled cate or

scheduled tribe, or rape on a girl after deceiving her with false identity. In some instances, the

kids are not even able to narrate who committed the atrocities, but keep on complaining of

severe body /stomach pain. Invariably, videos are made of such heinous happenings and if the

victim is alive, she is constantly blackmailed and the heinous act is repeated several times. In

most of these cases, the perpetrator is grandfather, step-father, cousin, relative or a person

claiming to be close to the family. The offender may be working as security guard,

housekeeping staff in housing society/school, cleaner, driver or conductor in school buses. If

the victim refuses to marry, she is murdered ruthlessly and the body is disposed of in a remote

place. Persons who commit these offences against children are dealt with under the

provisions of The Protection of Children from Sexual Offences Act (POCSO). Many of these

acts are committed by juveniles in the age group of 16-18. These juveniles are committing

gang rapes, rapes, dacoities, murders and thefts. In addition, incidents of rash and drunk

driving by juveniles from wealthy families in posh cars resulting in death of innocent

pedestrians or two-wheeler riders are being increasingly reported.

Invariably, these incidents result in hue and cry and electronic and print

media demand explanations from law enforcing authorities and seek explanation from the

government for its effectiveness. Many a times, the public anger goes to the extent of

demanding immediate hanging of the accused even though the suspect may be juvenile.

National Crime Record Bureau (NCRB) which compiles data of these offences from all states

reveals increasing number of incidents involving juveniles in the age group of 16 to 18 as

suspects. As per the Juvenile Justice Act (JJA) 2015, a person below the age of 18 is

considered as juvenile. The JJA further provides for minors in the age group 16 – 18 years to be

treated as adults in the case of heinous crimes. Heinous crimes are those offences where

punishment is more than seven years. Decision regarding an offence whether it is heinous or

otherwise is taken by Juvenile Justice Board consisting of Judicial Magistrate First Class, and

two other social workers out of which one is a woman. The object of the Actis to ensure the

needs of children and protect their human rights fully. The second part deals with the care,

protection and rehabilitation of children in need. Protection includes protection from harm to

the life of a child, even from the parents and relatives. The children/victims should not be

produced before multiple authorities and protect the interest of the victims of the sexual

offence.

Important factors which contribute in making children juvenile include

absence of care and affection from parents because of divided family, large family and

poverty resulting in absence of facilities. In view of urbanization, and easy availability of

access to internet, children witness which they should not or get addicted to porn/violence

videos. Many of these are also addicted to watch online games which encourage them to

commit suicide or shooting as adventure. Today social media platforms including Instagram,

WhatsApp, Telegraph and many others are attracting young minds towards darknet which is

full of spreading falsehoods, radicalising them to fundamentalism, and encouraging them to

indulge in investing large amounts in bitcoins. There are several incidents when young girls

have fallen prey to flirting and have been deceived with ulterior motives. Several countries

including USA, Canada, Australia are contemplating seriously to make enactment where

children below 14 would be prevented from having free access to internet. Social platforms

are likely to implement these reforms in these countries immediately and across the world

from January 25. There is adverse impact of advertisements and serials on TV/OTT and

cinemas. After watching films with violence/ porn, children have made efforts to follow these

in reality and ended up in remand homes. In red light areas, women force children to go

outside at the time of business and these children fall in bad companies. Children become

addicts to bad habits including drugs, drinks, smoking and other objectionable materials.

Adolescent children try to impress their female friends and to satisfy various requirements

particularly under the influence of drinks/drugs, do not hesitate to commit thefts/heinous

offences. Either due to anger against their parents for petty reasons, or because of luring by

someone including women to provide an opportunity to work as model, or higher education,

or job or marriage, thousands of very young girls under the age of 18 have been noticed

leaving their parents. Very few of these are traced and it is speculated that these might be

ending in some brothels or might have been killed or transported to war zones including

Syria, Afghanistan and other places.

Analysis of undertrial juveniles reveals from their statements that most of

them were from deprived background. All of them had either dropped out from school or they

were never regular to school. As a result of lack of education or no vocational skills, many of

them were working as casual labourers. Due to dysfunctional families, these children had no

mental or social support from their families. Family situation of undertrials was characterised

by poverty, children forced into labour, inadequate parenting and their families were under

continuous stress or there was sudden crisis like death, desertion etc. NCRB data underlines

increasingly children from affluent families, having parents who do not pay attention to their

upbringing, are indulging in heinous crimes, due to drug addiction. In addition, religious

fanatics are noticed to be providing large funds and using these youth to deceive young girls

and converting them under compulsion.

Though these children might have come in conflict with law, it is necessary

that police officers remain sensitive to their plight. As Commissioner of Police in Nagpur, I

ensured that these children are provided counselling by social workers. Those who were

eligible to attend schools, were sent there. Others were provided vocational skills including

driving. They turned out to be responsible persons and contributed to the income of their

families. Similar initiatives are taken by many police officers. It is imperative that even after

the change of unit in charge, these well minded initiatives are continued for a long time. It

should be an effort of policemen to move the Juvenile Justice Board for action against parents

of such children and safeguard them from adult offenders who might be forcing such children

to resort to offences. Invariably, assistance should be taken from voluntary organisations, or

child psychiatrists, child guidance clinics, social care workers, and probation officers to cure

the cause behind such incidents. Police officers should also visit shelter homes/remand homes

frequently to ensure adequate support and security is available at these places. Efforts should

be made to detect such children at pre-delinquent situation and isolate destitute and neglected

children. In a town, geographic areas which are breeding grounds of delinquency may be

identified and these should be regularly patrolled. My initiative in organising recreational

programmes, including sports, holiday camps, band displays had created enthusiasm among

one and all. While working as DGP, Maharashtra, we had initiated regular interaction with

radicalised youth including young girls. Assistance was taken from seniors in their

community and we persuaded them to realise the dangers of joining ISIS. In spite of these,

there were instances when these youth managed to leave for Syria and were caught there or

got killed in war-zones.

To conclude, holistic approach, combining enforcement with compassion and

proactive intervention, can help rehabilitate at-risk youth and prevent them from becoming

entangled in criminal activities.

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