In recent times, there has been an increase in reports of juveniles, largely male, committing serious crimes, including rape, murder. Many are triggered by trivial issues. This suggests we need to take a fresh look at the preventive and rehabilitative aspects of juvenile crime. It is important to understand the circumstances in which children are driven to commit crimes rather than focus on whether one or the other juvenile should be tried as an adult.
Talking about sexual crimes, child
In recent times, there has been an increase in reports of juveniles, largely male, committing serious crimes, including rape, murder. Many are triggered by trivial issues. This suggests we need to take a fresh look at the preventive and rehabilitative aspects of juvenile crime. It is important to understand the circumstances in which children are driven to commit crimes rather than focus on whether one or the other juvenile should be tried as an adult.
Talking about sexual crimes, child rights expert Enakshi Ganguly says, “After the pandemic, more children have access to devices, exposing them to a host of experiences. What is needed are conversations on responsible sexual behaviour, consent and boundaries. I agree that young people must be held responsible for their actions, but we need to invest in them. We must not forget that children are part of the society we live in and reflect what they see around them.”
The law has several positives when it comes to juvenile justice. Among them is the fact that once the young person has served time for a crime, all records are expunged so as not to prejudice any future educational institution or workplace.
But this clean slate does not mean that the young person does not suffer prejudices. This is something the law is not expected to take care of but can mandate or encourage those tasked with their social protection, including societal stakeholders, to do. This is beginning to happen but needs far greater resources to be effective.
Anurag Kundu, chairperson of the Delhi Commission for Protection of Child Rights, says, “The focus should be on prevention and reform. Have you seen our observation homes? They are nothing more than glorified jails. Yes, the child is given clothing, food and bedding, but where is the compassion? You cannot reform the child by just throwing material resources at him or her. The message to the child must be that I believe in you, you are crucial--even if you know the child is lying.”
Most child rights experts emphasise the importance of the role of schools in preventive counselling. The teacher can play a role in ascertaining whether a young person is disturbed or exhibiting aggression or mental health challenges and seek the help of counsellors to intervene in time.
A report from child rights non-governmental organisation Haq says we need the creation of a set of systems across social networks to deal with juveniles. It feels that the process of rehabilitation must have three components – before the detention of the child, during confinement, and after release. Counsellors need to assist in capacity building and creating awareness. Where the State could help is in strengthening youth clubs, recreational centres and youth volunteers, creating differential learning programmes and centres for children of varying age groups, and looking for community-based alternatives to detention.
For adolescents, it is important that the counsellor helps them regain their moral compass. It must be kept in mind that a child committing a crime could well lack formal education, have poor cognitive abilities and emotional functioning and lack the resources to move ahead after serving time. So, they need skilling programmes to keep them economically anchored and see the possibilities of a productive world away from crime and anti-social behaviour.
Anurag Kundu believes that we need to strengthen our legal aid system for juveniles. “The child must feel that there are people to stand by him or her, that is a huge step in the future progress of a person who feels abandoned, isolated and judged.”
lalita.panicker@hindustantimes.com
The views expressed are personal
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