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Masud Khabeki

Tackling the juvenile offenders

Published on: March 17, 2017 4:17 PM

 

Poverty has always bred resentment, a root cause of many crimes. The lack of opportunities for young people including education, sports and a reasonable livelihood could frustrate the young minds and they could indulge in criminal activities. In the recent times population of youngsters has increased alarmingly which has consumed all efforts to create conducive environment for young people. There is plenty of evidence showing spurt in crimes committed by young people. But in the recent past, a fast growing and changing urban societies has introduced many other insecurities among youngsters. Unfortunately, there is a little debate that why youngsters are being drawn into crime and what can be done to prevent this gruesome situation.

The sociologists and educationists are of the view that children are effected by parents not spending quality time with them while the economists are viewing this situation because of the increasingly competitive world. There are a few factors that are specific to each group. In lower middle class families, for instance, where both parents are working, children grow up in a vacuum. In middle class families, parents have multiple expectations from the child, including high grades in school. This often makes the school environment a threatening one for the child. When children fail to cope, depression may lead to substance abuse, and then crime. In high-income families, almost every amenity is provided to the child either from a desire by parents to maintain their own status in society or to satisfy the ego of the child. Such parents are often insensitive to the moral pitfalls of over-indulgence.

Children are also quick to pick up on friction between adults. In case of marital discord or domestic violence, kids do not reach out their parents. They consult their friends who may not give the best advice. Of course, the children are finding refuge in the virtual world now-a-days where there is an information overdose. Presently, adults are struggling to control what the kids are getting exposed to. Constant exposure to aggression, verbal and physical on television news, videos and games, works on an already heightened imagination making it seem “cool” to the child at an age when he or she is seeking role models or patterns of behavior to emulate. It either makes the child desensitized to violence or creates a curiosity to experiment with it. The easy access to sexually charged or explicit content can have the same effect. The zero-sex education makes them more prone to all this trouble. It has been observed that children get driven by the immediate rewards of an act and likewise other unique characteristics such as impulsiveness, adventurism/risk taking and susceptibility to peer influence are generally attract them for doings and wrong choices. This is especially more common and true of adolescent offenders, those who have reached puberty. Because, the children in the age group of 15 to 18 physically resemble adults. They have strength and sexual drive but their brains are yet to develop logic or reasoning powers.

The onus to ensure that children do not stray is with adults. At home and at educational institutions they need to monitor the behavior of children and behave like role models for youngsters. There may one solution to curb juvenile crime is for parents to be held legally responsible when their teenaged children break the law.

Early detection and counselling for those with criminal tendencies is important so that they do not end up as offenders, and so that they do not influence others to do the same. This is possible only when parents are cognizant of what is wrong in the child’s behavior and alert to correcting him or her. Prevention of juvenile crime is also an important part of the juvenile justice system. But our country has completely neglected this aspect. There is no involvement of psychological counselling during the reform procedures for young offenders, no one has heard of clinical psychologist or the criminal psychologist in our hospitals, in fact, we have not set any direction to settle this problem. This reality is itself a criminal neglect on the part of criminal justice system. The countries around the world has looked for the solution of this problem. Taking the example of Canada, if a person is 12 to 17 years old and is charged with a crime, the Youth Criminal Justice Act applies. The Youth Criminal Justice Act (YCJA) is a Canadian law that guarantees the rights of young people in the criminal justice system.The law applies to youth between the ages of 12 and 17.  A child under the age of 12 cannot be charged with a crime. At age 18, a person is considered to be an adult in the eyes of the court and will go to trial in adult court.

Likewise, in our country, the juvenile justice committees should be established at the union council level having welfare police officers to assist these committees. When a child alleged to be in conflict with law is apprehended by the police, he/she will be placed under the charge of the special juvenile police officers or the designated child welfare police officer, who shall produce the child before the Juvenile Justice committee. If the committee is satisfied on inquiry that a child irrespective of age has committed a petty offence, or a serious offence, or a child below the age of 18 years has committed a heinous offence it may allow the child to go home after advice or admonition, can direct the child to participate in group counselling and similar activities, can order the child to perform community service, can order the child or parents of the child to pay a fine, can direct the child to be released on probation of good conduct or direct the child to be sent to a special home for a certain period and it should not be a part of jail. The interaction of young offenders from the hardcore criminals must be avoided at all cost, otherwise they have a tendency to work as a recruit for further criminal activities. 

In case of a heinous offence allegedly committed by a child, who has completed or is above the age of 18 years, the committee may say that there is a need for trial of the child as an adult.

It is important to think about keeping youth out of jail, especially if the offence is not serious because, youth are not as mature as adults. In some cases, the police may give the youth a warning instead of arresting him or her. The goal would be to prevent crime and help young people become responsible members of their communities.

Masud Khabeki

[email protected]

 

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