Author(s): Dr. Dulumoni Baishya
Paper Details: Volume 4, Issue 5
Citation: IJLSSS 4(5) 27
Page No: 338 – 349
ABSTRACT
The common perception about delinquent behaviour of girls is that it is not a serious problem because girls are committing only minor offences and have historically constituted a very small proportion of the offender population. Society with a single stroke of judgements terms these girls as delinquents, and they are shunned away to institutional setups as a result and are not allowed to be part of society as normal human beings. In our society girls are declared a burden because a girl will bring no monetary respite to the family in hard times. Although the girl child may be the most talented among all the siblings, she is neither allowed to work nor make something of herself. Being abandoned at a vulnerable age of her childhood can be the most devastating and scarring experience that could take an entire lifetime to correct. Many runs away from home because they were being physically and sexually abused and in most cases by a family member or a friend, but the punishment for not quietly accepting it as “fate”, choosing instead to escape the torment, earns the wrath of the society which only too quickly terms these children as delinquents, while the real culprits continue to lead a guilt-free life. This presentation tries to depict the present scenario of juvenile justice system and to show the reasons of gender specific Act for girls.
Key words: Girl, juvenile, delinquent, juvenile, justice etc.
INTRODUCTION
A child is the precious gift of the God and in they are very innocent and if nurtured with tender care and attention, will blossom with faculties, physical, mental, moral and spiritual; into a person of excellent stature. But in lieu of they are brought up in unhealthy surroundings, negligence of basic needs, wrong company and other abuses may turn a child to a delinquent juvenile. The neglect of children by their parents, family, teachers, society and the nation create detrimental effect on their physical, mental growth and over all development. The noted Nobel laureate Gabriel Mistral [1]has observed and commented in this regard as, “we are guilty of many errors and many faults, but our worst crime is abandoning the children, neglecting the foundation of life. Many of things we need can wait, the child cannot, right now is the time his bones are being formed, his blood is being made and his senses are being developed. To him, we cannot answer ‘tomorrow’. His name is ‘today’.”
The children are the principal assets of this planet and every possible effort should be made to provide equal opportunities for their development so that they become robust citizens of tomorrow. Children’s development is as important as the development of material resources of the country. Like development of the material resources, the development of the human resources is also important and future of the country depends upon the development of children. Children have always been the future leaders of every country, our properties and prosperity of any nation.[2] According to Justice, I.A. Ansari, “Children are the backbone of the next generation and leaders of the future”.
‘Delinquency’ as a concept and definition in India has varied sociocultural implications attached to it. Western theories have very limited practical utility, but since all the definitions are based on them this has very serious consequences.[3]Besides, delinquency when specified to women, the concept is vaguer and more ambiguous. For example, in a conservative family, women found to be drinking and smoking may be termed as delinquent.[4]
The term ‘Juvenile delinquency’ was for the first time; used by an American Committee constituted in the city of New York in the early part of Nineteenth Century.[5] Juvenile delinquency is the participation by a minor child, usually between the ages of 10 and 18, in illegal behaviour or activities.[6] ‘Juvenile delinquency’ means ‘the behaviour of a minor child that is marked by criminal activities, persistent anti-social behaviour or disobedience which the child’s parents are unable to control’.
The important factors that are mainly responsible for the causation of juvenile delinquency and antisocial behaviour are 1. Economic factors, 2. Personality factors and 3. environmental factors. Poverty may not be a direct cause of delinquency but its effects on the child may be disastrous. A feeling of inadequacy and frustration and emotional insecurity play a dominant role in giving rise to antisocial behaviour.
Review of literature
A thorough literature study is an indispensable component of all research. While choosing the paper the researcher has gone through some literature which includes some important case laws also. In course of reviewing the related literature of the research problem some important materials are discussed herein. Delinquent behaviour could be analysed from different angles, including the legal and social standpoints. The legal definition of delinquency is that it is “behaviour against the criminal code committed by an individual who has not reached adulthood” (Bartol, 1999)[7]. A defective and unhealthy family environment is a productive ground for the growth of girl juvenile delinquency. The defect may be in the form of absence of either of the parents due to death, divorce or desertion (Sharma, D.D. (1996).[8] John Bowlby states, “The more complete the deprivation in early childhood the more isolated and antisocial the child.”[9]
OBJECTIVES OF THE STUDY
The main objectives of the study are:
- To find out the main factors which contribute to the girl juvenile delinquency.
- To examine the status of girl juvenile under the Juvenile Justice System.
- To examine the role of parents, society, community and school to combat girl juvenile delinquency.
RESEARCH METHODOLOGY
Methodology used in this article is doctrinal and non-doctrinal method of research methodology. The data/information has been collected from various primary and secondary sources. In primary sources the researcher has used the case study method, interview method etc. and for secondary sources number of books, journals, internet sources and field newspapers etc. has been studied in preparation of the paper.
FACTORS CONTRIBUTING TO GIRL JUVENILE DELINQUENCY
Juvenile delinquency among girls is an important social problem in our society. But for the growth of this problem, multiple factors contribute to the understanding of what helps someone to involve in delinquent behaviour. The theories that attempt to explain or predict delinquency mention and examine many different societal factors or units within society that is applicable within the theories. Families, peers, schools, and socio-economic status are all social factors that are examined in many of the causal theories. Socio economic instability is often linked to persistent unemployment and low income among the youth, which can increase the likelihood of their involvement in criminal activity. To explain the juvenile delinquency, the family or family members are playing the important role because the family play the multiple roles to grow the child in the society. For child’s development and vigorous upbringing, the family play the important role. After birth, child first come to the contact with the family members and they are observed the behaviours and activities of the family members and stage by stage they learn these kinds of activities. Suppose one child grow in unhealthy environment automatically such kind of child will do the antisocial activities. In 1984, H.K. Beauchamp, a British nonofficial, while visiting Madras Prison drew the attention of the Inspector-General of prisons, A.G. Cardew, “to the evil effects which must arise from female children being kept in the same yard as adult female convicts, who are often prostitutes or procurers” (p.49).
A number of sociological theories explain delinquent behaviour as a consequence of inequalities within the social structure, unsuitable social surroundings (leading to faulty learning behaviour), and economic disparity. In these theories, deviance is seen to be related to social disadvantages.[10] The plight of girl child is another story altogether compared to the trials boys go through in the mainstream society and in the family context. As far girls, they are socialized to be less expressive of their desires, less aggressive in pursuing their interests, and more submissive to and sacrificing for the needs of the family. To bring this about they are highly dominated by adult supervision and control. Social and physical separation of sexes occurs from the early years. Almost always marriages are arranged within their own castes, there is practically no dating, and even talking with members of the opposite sex is highly discouraged in most of the families. For the most part, girls are not left alone at home specifically after early evening. Virginity before marriage is important. The severity and sincerity may differ in urban and rural scenarios. Thus because of the teaching, controlling, and supervising girls experience throughout their formative years, including during childhood, teen years and later adulthood up until the time they get married, they become overly conscious and particular about their acts and behaviour. This excess control is one of the reasons for lower level of delinquency among girls compared to boys.[11]
The family dysfunction, obstacles in positive affective relationships etc. are the main causes of girl delinquency. It is also recommended that girls are tempted to be more submissive and domesticated than boys who are encouraged to be more ambitious, aggressive and extrovert. However, there is a common thread in such theories and it is in the direction of control theories that useful insights regarding males and female’s differential involvement in crime. There are a lot of factors such as restrictive and stimulative factors encourage women to abide the norms which are decided by the society but the same are not applied to men, one example being the fear of sexual assault. Because in patriarchy society, still girl is survived under the control of family and society. In comparison between girls and boys, the freedom of girls are more delimited than boys. Cultural concepts are such that society at large is less tolerant of deviant behaviour among females than among males. Besides these, violence and viciousness play an important role in the construction of manliness and sexuality in patriarchal societies, the primary objective being to reinforce and maintain the status and authoritative position of men (Cox, 2011).[12]
The dearth of study on girl delinquency has left a void in our knowledge of the disparities in female and male delinquency, the changing nature and scope of female delinquent behaviour, the differences between adult and juvenile girl crime, the characteristics of female criminals and delinquents and the factors and causes of female deviances, and the scope and dynamics of life of girls as female inmates in juvenile and adult correctional facilities. [13]
If girls are compared with male counterparts, it is found out that girls are involve in less in serious offences, violent crime and more likely to be involved in non-violent property and drug offenses. There are some status offenses, which include running away, underage drinking, truancy, and curfew violations, continue to be a key factor in female delinquency (Chesney-Lind & Shelden, 1998).
However, minor offenses may also help to make serious problems in society. Initially girls are involved in minor offences but sometimes later on they are involved in serious offences. Running away from home and other status offenses such as truancy, violating curfew, underage drinking, tobacco use, patriarchy system of society are major components of girls’ delinquency. Some research shows that of girls who are runaways fall of sexual and physical victimization (Feitel et al., 1992; Stiffman, 1989; Welsh et al., 1995). This suggests that although their offense behavior may not appear to be very serious, these girls may be fleeing from serious problems and victimization, some involving illegal behaviour by adults, which in turn makes them vulnerable to subsequent victimization and engaging in other behaviours that violate the law such as prostitution, survival sex, and drug use. [14]
Child abuse always devalues a child’s self-esteem.[15] Sexual abuse is greater for girls than for boys (Dembo, Williams, & Schmeidler, 1993). Dembo et al. conducted research on female youth in detention and found that childhood abuse and neglect play a significant role in girls’ involvement in the juvenile justice system, especially if the abuse occurs within the family. Often abuse in the home prompts girls to run away. Running away is one of the most prevalent risk factors for girl’s involvement in the juvenile justice system and may ultimately lead to their incarceration. The data shows that girls and boys run away from home in about equal numbers. (Chesney-Lind & Shelden, 1992).
Child exploitation does help the juveniles involve in delinquency. But it is not the same in all cases that who are abused go on to engage in juvenile delinquency, and not all juvenile delinquents have pathetic antiquities of child abuse. But study shows that the most of cases, children who are sufferers of neglect or exploited are at the highest risk of involve on delinquency. The research depicts that physical exploitation of victims are more aggressive and violent and they are more vulnerable to engage in delinquency (Zingraff, Leiter, Johnson, and Myers 1994), if we compare physically abused girls are non-abused girls than physically abused girls more prone to commit the crime. Because the stress of abuse impacts their day to the life of the girls and also impacts their mental health as well as physical health even their education also.
(Herrera and McCloskey 2001).
Another important factor leading to girl juvenile delinquency is neglect in patriarchy society. In India, for centuries, girls have been enjoyed lower position in the society than boys. In the name of customs, traditions and religion the girls are not allowed to enjoy the free life. In consequence, they have been denied the opportunities for their social, economic and political development leading to a lower status in society. The social customs, religiously sanctioned rituals, the authoritarian structure of the family organisation, the accepted mode of socialization of young girls and the very rigidly defined their roles and activities and also depicts how women have contributed to the social degradation of women in the Indian society. The important term neglected and the delinquent children cannot be observed as separate units because both the term are interdependent and they need to be considered together. Because these two term are the two sides of the similar coin. That is why the juvenile Justice Act/ system cater to both of them with same priority. Because neglect of the child is the beginning factor to become target of delinquency. The analyses of the various causative situations and study of various cases specify that the factors for neglect and delinquency are mostly common in our society. In most of the crimes, neglected children turn delinquent on account of various socio-economic and psychological reasons. Poverty, fragmented homes, urbanization leading to migration, degradation of social values and joint family system, atrocities by parents or guardian, defective educational system, influence off media besides the specific reasons of slums, and a variety of other conditions explain the phenomena of juvenile delinquency.[16]
The neglect of children by their parents, family, society, and the nation create a detrimental effect on their growth and personality and also effects our society as well as Country also. The unfavourable living conditions abuse and exploitation of children, inevitably, result in delinquency. To that extent, delinquency must be considered a direct offshoot of neglect.
The neglected children and the delinquent children cannot be regarded as two separate entities and they need to be measured together. This is why the Juvenile Justice Act/ System cater to both categories of children with the same level of priority. The analyses of the various causative situations indicate that the factors for neglect and delinquency are mostly common. Unfortunately, the rejection of the girl child happens even before her birth prenatal sex determination tests followed by quick abortions eliminate thousands of female foetuses before they can become daughters. This can be accredited to the preference for male children and the presumed burden of having to pay high dowries at marriages for daughters. Many female children are killed in the womb or at birth or through neglect of physical and medical needs during childhood. [17]
Some of these factors are poverty, violence in the home, poor mental health, single parent or not having both parents present in the household, one being the disciplinary and the other the weaker of the two therefore no consistency in discipline and supervision, lack of attention, distant from other family members and friends. These kids will build a wall and feel that no one can be trusted and cocoon themselves from society. This will lead to them becoming rebellious and become hostile around people, even when these people are trying to lend a helping hand.
The study provides that differences in girls’ experiences, emotional well-being, and mental health contribute to their involvement in delinquency. Female youth offenders experience high rates of physical and sexual abuse. Running away is one of the most common status offenses girls are arrested or detained for. There is a high correlation between running away and commercial sexual exploitation.
JUDICIAL RESPONSE
In Ghanashyam Misra v. The State,[18] the victim of sexual abuse was a young girl of ten years and the offender was the victim’s school teacher, an adult of thirty-nine years. Taking the advantages of his position by inducing her to come inside the school room he committed rape. Such an atrocious act would lead to complete ruin of the future of the girl.
In Jai Singh v. State,[19] the High Court categorically ruled that when an elderly person tries to commit rape on a child, aged about seven to eight years only, it specifies a very depraved mind and such offences call for deterrent sentences.
CASE STUDY OF OBSERVATION HOME JALUKBARI
- Case study -1
I was very young when in an unfortunate accident both my parents passed away. I was thus orphaned and sent to live with my uncle and his family. My uncle and his family never really accepted me. I felt like a burden on them and was treated very badly. I was kept like one would keep a dog. They never let me study or do anything I wanted, and I was to live in this tiny corner of the house. They were forcing me to get married and would continuously beat me. Around this time my uncle raped me. I ran away from home at age 12 years. I was found by the police and sent to the institution. I now have an untenable temper and the only way I can control my anger is by physically hurting me. I do things like cut myself or burn myself. Sometimes when in I think of how my life has been I think that someday I will end up killing myself. I want to go back home to my uncles, only to teach a lesson.
- Case study -2
When I was young I was orphaned as both my parents were died in accident. I lived with my parental uncle and his family, but they never accepted me. I was being denied not only educational opportunities but also the love and affection of family members. I could not take it anymore and I ran away from home at the age of 12. I was out on the roads when some boys raped me. They left me on the roads after which I was taken to the hospital and then sent to this institution. I do not like to live here. There are many restrictions and I want to go out. I never be happy till I am not out on my own. I fam sure that I do not wish to return to my family as they have never loved me and do not care for me. I only pray to God that no one goes through the same trauma of rape and not being love by family just the way I have been through.
GIRL JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM
Societies are very much aware about the existence of male delinquency but not aware about the female delinquency but the female delinquency has long been dominated by male delinquency in terms of occurrence, degree, seriousness, research, and recognition. This is not to say that female delinquency has gone virtually unnoticed by the juvenile justice system. Female delinquency, similar to male delinquency, is heterogeneous in nature. Equally, female offenders are neither easily nor singularly characterized, in fact, the female offender population varies widely on account of several key factors, such as age, race, ethnicity, family and economic background, and the kinds of delinquent behaviours demonstrated.
The juvenile justice system has been a predominately male-centred establishment. There have always been, and still are, more males involved in the system than females. Therefore, many of the programs for delinquents are structured around the needs of males. Many of the programs do not have the facilities necessary to deal with female mental and emotional issues because boys are at a considerably lower risk for that. Girls are often placed in programs that do not address their individual needs and therefore continue with a pattern of delinquency.
There have been some efforts to address the gender disparity in the juvenile justice. The gender bias in the juvenile justice system has been a longstanding problem. The root of the problem stems from society’s definition of the role of men and women and therefore has created an unconscious paternalistic attitude towards girl juvenile offenders.
PREVENTION OF GIRL JUVENILE DELINQUENCY
There are multiple remedies that will possibly lessen girl juvenile delinquency from the society. For starters, home environment, all members of the family should involve in their upbringing, schooling and providing equal parental responsibility. Family based prevention programs should enhance family bonding and relationships and include parenting skills, practice in developing, discussing and enforcing family policies on substance abuse and training in drug education and information. Family bonding is the bedrock of the relationship between parents and children which can be strengthened through skills training on parent supportiveness or children-parent communication and parental involvement. Strong parental supervision of youth behaviour and choice of friends is an important factor against gang violence.
In the community, more resources and programs to keep these girls occupied and out of the streets. A bored mind is a wandering mind and will always look for a challenge and ways to entertain them even if it means getting into trouble. Offer community outreach programs and activities where they don’t have to be in the streets, selling drugs, hanging around gangs. The family and the community, police and departments like Department of Children and Families canactively all work together to assure that kids that are being abused and neglected get removed from the cause and at least offered a way to live a normal and better life before it is too late for them.
FINDING OF THE STUDY
After analyse the research work regarding the girl juvenile delinquency and juvenile justice system, as find out many important things which are presented in the following in organized way.
- It is found that child abuse is the one of the main factor of girl juvenile delinquency. A childhood of physical abuse could possibly progress in criminal activity. Whereas those who experience sexual abuse may later become sexually violent, a person may not become a sexual abuse unless he or she has experienced some form of sexual trauma.
- The study reveals that the tendency for persons to commit crime also based on the specific maltreatment experienced. Studies illustrate that experiencing specific child maltreatment can justifiably result in the exhibition of the similar type of offending behaviour later on. Empirical evidence consistently suggests that family dysfunction and child maltreatment increase the risk of delinquency and criminal offending in girls.
- It is found that girl child is the most neglected than the boys and neglect is result of abandonment of a child while under their parent’s care, for example not enough food, proper housing, medical care and love and later on they are involved in delinquency.
- The study reveals that there is no specific law on child abuse.
- It is found that the main drawback of the juvenile justice Act was that the Child Welfare Board is not properly equipped to deal with cases of child abuse and the observation homes could not provide special care and treatment for such victimized children.
- A lack of family responsibility has been shown to have a causal link to delinquency for both boys and girls, but ineffective parenting practices, family conflict, growing up in poverty and frequent family moves are more likely to affect the chance that girls will be involved in gangs and conduct delinquency acts.
- Delinquency prevention and intervention programs for girls must address physical maltreatment.
SUGGESTIONS
- The gender-specific differences treatment and management should be introduced within the juvenile justice system.
- The specific law should be introduced to deal with the girl child abuse.
- To impart proper vocational training and education to the inmates in Special Home and Observation Home.
- To deal with the juveniles, Special training is required. Special training is required to make aware the Special Juvenile Police Units as well as staffs of the various Observation Homes about the provisions of the juvenile justice and proper methods of dealing with the juveniles. The Probation Officer and the Magistrate of the Juvenile Justice Board should be given required training of child psychology and social work as per requirement of the Act.
- Recognize the uniqueness and differences in girl juvenile offenders, lives and create individualized, more flexible plans sensitized to the specific needs of girl delinquency.
- Provide a safe forum for girls to openly discuss their experiences with abuse and victimization and personal safety issues.
- The state should establish a state-wide task force to address the needs of girls in the juvenile justice system and work to implement gender services.
CONCLUSION
In the light of above circumstances, it is found that the problem of girl juvenile delinquency is the magnitude problem in our society. The problems faced by girls can be viewed as part of a developmental continuum linking early problems (such as family dysfunction, abuse, loss of a primary caregiver, and other traumas) to later behavioural problems. During the teen years, when girls are transitioning to adulthood, unresolved issues from earlier stages of development may come to a head. Incomplete bonding in infancy, sexual abuse in childhood, failed relationships with adults, and other problems can result in an inability to form positive relationships, lack of self-respect, ignorance of physical health and sexuality issues, and low self-image. The Indian legal system has so far has failed to respond to this challenging issue, because of the inadequacy of legal provisions in this regard. Therefore, separate comprehensive legislation on girl child as well as its implementation is required to tackle this burning problem.
REFERENCES
Ahuja Ram,Social Problems in India, Rawat Publicati ons, Jaipur, 2014.
Bawa, Siddharth,Law Relating to Juvenile Justice & Probation of Offenders, New Era Law Publications, 2015
Bartol,C. and Bartol,A.M,Introduction to Forensic Psychology, London, Sage,2004.
Cann, Vincent & Kattah, Julius K. Article on Juvenile Delinquency.
Chatterjee,S.K., Offences Against Children and Juvenile Offence, Central Law Publications, Allahabad, 2016.
Mynani,S.R.,Offences against Child and Juvenile Offence, New Era Law Publications,Faridabad, 2018.
Rutter, Michael, Developmental Psychiatry, London, American Psychiatric press, 1980 .
Sain Bhim,Drug Addiction and Environmental Pollution, Mittal Publications, New Delhi, 1995.
Shankar Saumya, Female Juvenile Delinquency, Rawat Publications, 2018
Sharma,D.D,Young Delinquents In India, Printwell, Jaipur, 1996.
S.P.Singh, A Outline of Juvenile Delinquency, Sublime Publications, Jaipur.
Bowlby, J., Maternal Care and Mental Health,Geneva,WHO, 1952.
Verma,Shivani, Criminology, Penology and Victimology, University Book House Pvt. Ltd., Jaipur, 2019.
[1] Verma,Shivani(2019) Criminology, Penology and Victimology, University Book House Pvt. Ltd., Jaipur,at P.525.
[2] Cann, Vincent & Kattah, Julius K. Article on Juvenile Delinquency, at, P.2.
[3] Shankar,Saumya(2018) Female Juvenile Delinquency, Rawat Publications,Jaipur,at p.1
[4] ibid
[5] Chatterjee,S.K.(2016), Offences Against Children and Juvenile Offence, Central Law Publications, Allahabad, at.P.388.
[6]Mynani,S.R.(2018), Offences against Child and Juvenile Offence, New Era Law Publications,Faridabad,at, p.174.
[7] Bartol,C. and Bartol,A.M.(2004), Introduction to Forensic Psychology, London, Sage, PP.102-103.
[8] Sharma,D.D.,(1996), Young Delinquents In India, Printwell, Jaipur, at, P.82.
[9] Bowlby, J, (1952), Maternal Care and Mental Health, Geneva, WHO, at, P.47.
[10] Rutter, Michael (1980), Developmental Psychiatry, London, American Psychiatric Press P. 86.
[11] Shankar, Saumya(2018), Female Juvenile Delinquency, Rawat Publications, Jaipur, at, P.P.11-12.
[12] https://garph.co.uk/IJARMSS/Dec2014/20.pdf
[13] Ibid, at, P.13.
[14] https://www.ncjrs.gov/pdffiles1/ojjdp/226358.pdf
[15] Supra note 4, at, P.299.
[16] Bowlby, J, (1952), Maternal Care and Mental Health, Geneva, WHO, at, P.47.
at, P.109.
[17] Supra note 10, at, P.109.
[18] Ghanashyam Misra v. The State, AIR 1957 Ori 78.
[19] In Jai Singh v.State 1973 CriLJ1466.