Praveen Dixit
Recently, seven class X students of a hostel run by Maharashtra social welfare department in Igatpuri in Nashik district were booked for sexually abusing their juniors. These students are accused of giving sedatives to those from class V-VII staying in the same hostel and then indulging in unnatural acts. Though the victims had informed hostel superintendent, he took no cognisance. Therefore, he was also booked under Protection of Children from Sexual Offenses (POCSO) Act. In a separate incident at a Gurukul in Bellari Karnataka, a boy in class IX took a bed-rod and hit many sleeping students killing one of them. Why these children behave so criminally in such a heinous manner? What are the legal provisions to tackle this sensitive issue? What needs to be made to rehabilitate these juveniles? How the society can reintegrate these juveniles to provide a chance to reform them? I propose to discuss these issues in following lines.
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. On few occasions, it is an incident of gang rape on helpless especially disabled 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, or there is apprehension that the identity of the accused may be disclosed, she is murdered ruthlessly and the body is disposed of beyond recognition 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). If a guardian knowingly doesn’t report about these offences to police, s/he is also an accused under POCSO. A section of these acts is committed by juveniles in the age group of 16-18 and even younger than these. Offences committed by juveniles include robbery, snatching, gang rape, rape, molestations, robberies, murders, attempt to murder, thefts and many more. Recently they have been noticed indulging in cybercrimes including hoax calls and sending alarming fake e-mails threatening the school authorities and law enforcing agencies. Separately, hit and run incidents due to rash and drunk driving by juveniles from nouveau riche families in expensive cars resulting in death of innocent pedestrians or two-wheeler riders are being increasingly reported. In some left wing affected parts in Dandakaranya young persons were forced to join Naxalites.
Legal framework
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 Act is 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. While legal provisions to deter the offenders are adequate, effective implementation of the same by all agencies without getting influenced by extraneous sources is highly imperative.
Probable reasons which contribute in making children juvenile
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 what they should not or get addicted to videos containing porn/violence or online games. Many of these result in 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. In December 2025, Australia banned social media for under 16s. Some European countries and Indonesia have adopted or are considering similar restrictions. Britain sought the views of parents and children on banning social media access for under 16s and imposing restrictions on gaming platforms and artificial intelligence. On 6th March 2026, while presenting the budget, the Chief Minister Karnataka underlined the adverse impact of increasing mobile usage and announced that social media access for under 16s will be banned in the State. Andhra Pradesh C.M. announced on 6th March 2026 that the state government is considering steps to restrict access to social media platforms for children below the age of 13. He said the state government is committed to ensuring that children are not negatively affected by social media. Goa also proposes to do the same. Advertisements and serials on TV/OTT and cinemas adverse impact children. After watching films with violence/ porn, children have made efforts to follow these in reality and ended up in remand homes. According to experts, rather than States, the Union Government should draft reasonable restrictions so that there would be a coordinated national framework combining platform safeguards and digital literacy. If legally banned, apart from difficulties in enforcing, these children would find illegal ways or use mobiles of their parents to watch what they want. There is urgent need to raise parental awareness about healthy digital habits and find measures to reduce screen time.
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, higher education, job or marriage, thousands of very young girls under the age of 18 have been noticed leaving their parents. Though nearly 90% of these are traced and restored to their parents, there is a sizeable number which remain untraced. It is speculated that these might be ending in some brothels, or are made cyber-slaves in neighbouring countries, or might have been killed or transported to war zones including Syria, Afghanistan and other places. According to Vishnu Vairagade, Assistant professor, Sociology in Pune, “Creating an ‘identity’ and the commodification of masculinity are two of many reasons for increasing juvenile crimes. Economic and infrastructural growth have exposed the youth to newer forms of consumption, including fashion, food, entertainment and social media. Aspirations of the youth-including creating an ‘identity’ in society often fuelled by these forms of consumption-have limited legitimate means to achieve them. So, youngsters experience anomy; a social condition where people deviate from established norms. In some neighbourhoods, societal conditions have been created wherein the youth adopt delinquent means to create an ‘identity’. These localities also show weakened intergenerational ties, lack of social regulations, and social disorganisation.”
Another important aspect is the visibility of masculinity. “Inspired by movies and social media, teens pursue symbolic capital through acts like group violence, risk-taking, and performative acts to share online. These acts often invite organised groups that take advantage of the law by recruiting juveniles. Youth participation in crime is about structural dispossession and blocked mobility rather than inherent criminality”, says Prof Vairagade.
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.
The situation has become so alarming that Late Ajit Pawar Deputy CM Maharashtra had proposed lowering the age threshold for juvenile offenders from 18 to 14 years, arguing that many minors today are aware that age protects them after committing grave crimes. Earlier, gangsters used minors to carry out crimes, knowing the law would go softer on them. But now, something more unsettling is unfolding. With many established gang leaders booked under MCCOA, jailed etc. a vacuum has emerged in the city’s criminal network. Youngsters who once dabbled in petty crimes, are scrambling to fill that void, forming their own gangs and assuming dominance.
Role of police officers in rehabilitation
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. One such case study from Pune City police is enclosed. It is imperative that even after the change of unit-in-charge, these well minded initiatives need to be continued for a long time. It should be an effort of police officers to move the Juvenile Justice Board for action against parents of such children. Police officers need to strive to safeguard these juveniles from adult offenders who might be forcing such children to indulge in these heinous 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. Initiatives including organising recreational programmes, sports tournaments, holiday camps, band displays create 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 few instances when these youth managed to leave for Syria and were caught there or got killed in war-zones.
Recommendations by UNICEF
Each unit should make an effort to have authentic data related to the children in conflict with the law, particularly their age and number. A Working Group called ‘the Commission for the Application of Alternative Measures’ under the auspices of UNICEF titled ‘Rights of Children in Conflict with the Law 2007’ has made recommendations for developing diversion programmes. These include:
The diversion programme includes seven components: victim-offender mediation, admonition, local community corrections councils, joint family meetings, circle trials, juvenile courts, and community service.
The UNICEF working group report argues that while crimes are often seen as offences against the state, they should also be viewed from the victim’s perspective, seeking reconciliation. It suggests allowing juveniles to make amends, the society can help them reintegrate faster, without a criminal record, which would help them avoid impediments in their future employment or social inclusion.
Recommendations by NHRC
A high-level group constituted by NHRC in their meeting organised on 4 Feb 2025 suggested following measures:
Conclusion
We have seen instances of heinous crimes by children. We discussed legislative measures to penalise these offenders. We also dwelt on rehabilitation measures and related case studies. We discussed the recommendations by UNICEF a swell as NHRC to reduce this menace. I would conclude by observing that holistic approach, combining enforcement with compassion and proactive intervention, can help rehabilitate at-risk youth and prevent them from becoming entangled in criminal activities. Administrative officials, police officers, members from judicial tribunals, volunteers from NGOs, civil society functionaries and media should come together to reintegrate these children who are in conflict with law.
Reference
NHRC’s Human Rights Newsletter Volume 32/Number 03/March 2025
Interesting case study from Pune city as reported in Free Press Journal on 10/3/2026
Feedback on article regarding Rehabilitation of juveniles
Dear Praveen Dixit Sir,
I read your thoughtful article on “Legal Framework and Rehabilitation of Children in Conflict with Law.” The subject you have raised is both disturbing and deeply important for society. The incidents you referred to—from the Igatpuri hostel abuse case to the tragic episode in the Gurukul in Karnataka—highlight a painful reality: children themselves are sometimes becoming perpetrators of grave offences. Your article raises the right question—why is this happening and how should society respond?
At the outset, I appreciate the balanced approach you have adopted. Instead of viewing the issue only through the lens of punishment, you have emphasised the need to understand the social, psychological and structural causes that push young minds into conflict with law. This perspective is extremely valuable. Juvenile crime cannot be addressed merely by strengthening penal provisions; it requires a deeper engagement with the circumstances that shape the lives of these children.
Your explanation of the legal framework, particularly the provisions of the Juvenile Justice Act 2015 and the POCSO Act, clearly brings out the complexity of dealing with crimes committed by minors. The provision that allows juveniles in the 16–18 age group to be tried as adults in heinous offences reflects the dilemma that policymakers face—balancing the need for justice with the obligation to protect the rights of children. In this context, the role of the Juvenile Justice Board becomes extremely crucial, because each case requires careful assessment of maturity, intent and circumstances.
Equally important is the point you have made regarding effective implementation. India has enacted reasonably comprehensive laws, but their impact often depends on how sensitively they are enforced. The tragic cases where abuse continued because responsible authorities ignored complaints underline the importance of accountability within institutions entrusted with the care of children.
Your analysis of the underlying causes of juvenile delinquency is particularly insightful. The erosion of family support structures, the pressures created by urbanisation, the exposure to harmful digital content, and the influence of drugs and alcohol together create a volatile environment for adolescents. The observations of Prof. Vishnu Vairagade on identity formation and the commodification of masculinity add an important sociological dimension. Young people often seek recognition and status, and when legitimate pathways to achievement appear blocked, some drift toward deviant behaviour. This is not merely a legal issue; it is a profound social challenge.
Another emerging factor you rightly highlight is the digital ecosystem. Easy access to social media, gaming platforms, and unregulated online content has exposed adolescents to influences that their emotional maturity is often not prepared to handle. The debate around restricting social media access for minors, which some governments have begun to consider, reflects growing global concern about the psychological and behavioural consequences of unregulated digital exposure. However, as you rightly point out, legal bans alone cannot solve the problem. Awareness among parents and responsible digital habits are equally necessary.
Your section describing the role of police officers in rehabilitation is particularly encouraging. The examples from your tenure in Nagpur demonstrate how sensitive policing can transform lives. Counselling, vocational training and educational opportunities for children in conflict with law can help them rebuild their future. These experiences show that when law enforcement agencies adopt a reformative rather than purely punitive approach, many young offenders can reintegrate into society as responsible citizens.
The recommendations drawn from UNICEF and the National Human Rights Commission further strengthen your argument for a holistic approach. Diversion programmes, community service, victim–offender mediation, and improved child protection systems are all essential elements of a humane juvenile justice system. Such measures recognise that while accountability is necessary, the long-term goal must always be rehabilitation and social reintegration.
In my view, the central message emerging from your article is that society must treat juvenile delinquency not only as a matter of law and order but as a reflection of broader social failures—failures in family support, education, community engagement and institutional care. If we address these root causes through coordinated efforts of government agencies, civil society, educators and families, we can significantly reduce the number of children drifting toward crime.
Your concluding emphasis on a holistic approach combining enforcement with compassion is therefore both wise and timely. Children who come into conflict with the law should not be permanently branded by their mistakes. With the right guidance, many of them can reclaim their lives and contribute positively to society.
Thank you, Sir, for bringing attention to this sensitive and complex issue with clarity and depth. Your experience in policing and administration lends credibility to the discussion and provides valuable insights for policymakers, law enforcement agencies and the wider public.
Warm regards,
Dr. Arun Kulkarni
