A discomfiting truth

They might have become productive members of society but a lack of timely guidance or adequate safety net turned many minors into juveniles in conflict with the law. It is a worrying fact that vulnerability of kids, mostly belonging to weaker sections of society, are being exploited by criminal gangs, who lure them on the pretext of lavish lifestyle and force them to commit crimes. At other times, is their circumstances and specific situations that force these children to commit crimes. Regardless of the reasons, each case of child delinquency is an undisputed failure of the systems that govern our modern society.

Growing concern

In July last year, a 25-year-old man was stabbed to death allegedly by a juvenile and his two friends after the victim warned them not to perform bike stunts in Raghubir Nagar

In January 2021, two juveniles were apprehended for killing a person in Jafrabad area of North East Delhi. Police stated that the deceased was harassing them which led to them taking revenge

A 17-year-old boy was allegedly stabbed to death by a juvenile over playing cricket at a ground in Nangloi area on January 17

In October 2020, a 17 years old boy, son of hardware businessman, was apprehended in connection with a road accident in which two minor sisters were killed while their brother and a 55-year-old man sustained injuries at Model Town area in North West Delhi

The data of NCRB of 2019 which was released last year revealed that crime committed by juveniles increased in 2019 as compared to 2018 and 2017. The data shows that about 2,677 crimes committed by juveniles were reported in 2017 whereas, in 2018, 2,388 crimes were reported. In 2019, around 2,760 crimes were committed by JCLs (juveniles in conflict with the law). NCRB data also compared the incidences of crime committed by juveniles in 19 metropolitan cities from 2017-2019, in which Delhi ranked first.

Hard data

The data shows that in over 2,800 heinous offences, juveniles were found involved whereas more than 10,000 non-heinous offences were committed by JCLs. As per the data, over 380 heinous offences were committed by juveniles in one of the districts whereas in another district about 270 heinous cases were committed by juveniles.

Another piece of data shows that over 93 per cent or more than 12,000 of all juveniles apprehended in Delhi in the last three years (till October 8, 2020) were first-time offenders. The data recently compiled by the Delhi Police for a crime overview meeting reported that over 13,000 minors were apprehended in this period. Of the total number of juveniles apprehended in the last three years, just over 820 were found to be involved in multiple criminal activities.

Possible reasons

Lack of parental attention, environmental factors, improper guidance, illiteracy are among the leading causes making kids vulnerable to falling into delinquency. "We have seen cases where children start committing a crime in the group, at first they enjoy and then get addicted to drugs and this is the stage when they have to commit a crime for money to fulfil their drug lust," an official said. Friendship with bad elements and aggression are other reasons behind committing the crime.

Being unaware

Sometimes the problem is even more basic and intrinsic. "They don't know when they committed a crime. There are various reasons which led children to commit a crime which includes provoking during a fight, the situation of the home where a minor sees their father beating the mother for money or to show supremacy. All these things remain in their minds and may well be emulated later as they learn from observing society around them," said Rita Singh, a member from Child Welfare Committee.

She further said, "When parents see that their child has brought a new thing like a pencil or a ball which was never purchased by them (parents), they should immediately tell their son or daughter to immediately return the thing to the rightful owner. If parents show any kind of laxity at that moment, then there is a possibility that their children might start stealing valuable items when they grow up."

It is a worrying fact that more than 220 juveniles in conflict with the law did not get proper guidance and now they have grown older, many have become involved in criminal activities, revealed data compiled by the Delhi Police over the last three years (till October 8, 2020).

Role of parents

While distressing, in the National Capital, cases have been reported where children picked up criminal tendencies from immediate family members. There are also cases where parents sent their children to commit a crime so that they can earn money. Last year one such case was reported from Ambedkar Nagar area, where Delhi Police identified the family of four, including a juvenile involved in criminal activities. "Like other juveniles, he was introduced to crime at a very early age of around eight years, most probably by his own parents," an official said.

Meanwhile, in another case, the Crime Branch of Delhi Police arrested five people and apprehended two juveniles for committing theft in wedding parties. Police said juveniles were given on lease by their parents for Rs 10 to 12 lakh for one year to criminals for their nefarious purposes.

"Once a child is auctioned, the money is handed over to the parents in two or more instalments and the child is hired for a year. After being brought to Delhi, the children undergo training for a month on how to commit thefts at weddings and how to mingle with the people at the venue," police said. Officials added that the kids were also made mentally and physically tough so as to not divulge their identity or that of their gang members in case they were to apprehend.

Cybercrime and minors

The internet is another rapidly growing avenue by which minors are exposed to crime. Worldwide, cybercrimes against and by children are growing in frequency. The pandemic has only intensified this as survey after survey reveals that children are now spending more time online than ever before. Many news reports have raised concerns that incidences of cybercrime against minors have doubled during the pandemic as compared to previous years.

In the year 2018, a man had filed a complaint with Delhi Police that somebody had created a fake ID of his daughter on a dating application accessing, her photographs and phone number along with some offensive and sexually provocative words. This had resulted in several obnoxious calls from various unknown numbers and objectionable WhatsApp messages. One juvenile who turned out to be her classmate was apprehended in the case as he wanted to take revenge on her for a previous slight. The case attracted much attention and brought cybercrime to the forefront of public attention.

"There is a lack of awareness among children about cyber laws. Kids should be educated to be cautious in cyberspace," said a Delhi Police official. The official further said, "Children who do not fully comprehend what they are doing in cyberspace might find trouble. They just think that nothing will happen to them."

Another official said, "Parents should keep a tab on the online activities of their children. At the first stage of cybercrime, children, who are not aware that they may get into trouble will enjoy harassing other people but later they face serious problems including police action against them."

The official further said, "There are cybercriminals who are in search of those children who are unaware of cybercrime. These criminals will first become friends with these kids and then win their trust. Using their lack of knowledge about cybercrime, these criminals lure them into committing crimes."

Intersection of vulnerabilities

Predictably, children living on the streets are the most vulnerable group of society, regularly exploited by criminals for committing crimes near railway platforms. The revelation was made during an investigation of a case in 2018, where a criminal was arrested for recruiting teenagers to commit petty crimes. According to a senior police official, one Sunil Bihari from Pandav Nagar was arrested for running a gang comprising children for committing petty crimes, such as pick-pocketing, theft and snatching. During the investigation, the children were found to be living on the streets, picking rags from different railway stations. The accused used to lure them on the pretext of easy money.

"It has often been seen that because of a lack of permanent shelter and the fact that the number of children in the street situation is not recorded in any national survey, they are often called the hidden children," said National Commission for Protection of Child Rights (NCPCR) in their SOP related to children in a street situation.

It further read, "Long working hours, drudgery and exhaustion are the reasons for these children to get attracted to drugs. A substantial proportion of the children spend a part of their earnings on drugs and intoxicants. Being on the street also gives them easy access to drugs, alcohol and tobacco, hence substance abuse is a major problem that these children are prone to."

Yashwant Jain, member NCPCR, said, "These children are vulnerable in that they can be easily influenced by any criminal gangs to commit crimes. We have directed the police to take strict action against those people who involved them in criminal activities. Those offenders will be booked under sections JJ Act."

Gaps in the JJ Act

While a Juvenile Justice Act does exist to remedy and prevent the problem of juvenile delinquency, its execution has not been seen to be entirely up to the mark. Last year, the Delhi Commission for Protection of Child Rights (DCPCR) started to identify, examine, and suggest measures for addressing procedural gaps in the implementation of various provisions of the 'Juvenile Justice (Care and Protection of Children) Act', 2015 and the 'Juvenile Justice (Care and Protection of Children) Model Rules', 2016 in Delhi.

The child rights body found a couple of procedural and operational issues that they have identified. The issues include the absence of procedural guidelines for conducting regular inspection of jails meant for adults by the JJBs, absence of procedural guidelines for transferring or referring a child from the Juvenile Justice Board to Child Welfare Committee by declaring him and her as a child in need of care and protection (CNCP).

The child rights body found no standard procedure and criteria for declaring a person as fit by CWC and JJB. There is also an absence of procedural guidelines on how inspection of institutions should be conducted by the inspection committees under the JJ Act, 2015.

Taking action

During a law and order meeting, held last year, Delhi Police had told senior officers that illicit liquor, drugs, gambling and other vices are prevailing, especially in underprivileged areas. "These are the primary reasons for juveniles to take up crime. Such vices should be wiped out at the earliest", officials were told.

The Commissioner of Police SN Shrivastava had directed deputy commissioners of police (DCPs) to organise counselling sessions for juveniles in their districts and take steps to ensure that they don't commit crimes.

The police chief, in a meeting with the top brass of city police, said, "Every district should organise counselling sessions for juveniles. Also, DCPs should plan to impart training for the development of skills like computer operation, repairing, motor mechanic, mobile repairing, welding, carpenter work so that they can be weaned away from indulging in crime," he said in the meeting.

Delhi Police PRO Eish Singhal said they have taken various steps to ensure the safety of children especially those who belong to a weaker section of society. "We have a YUVA initiative under which children, youths from the weaker section of society learns vocational courses. Due to our efforts, several youths got placement in various companies," PRO said.

Moving forward

Ultimately, the shadow cast by juvenile delinquency is long and hard to escape but some still find a way out. "You have to forget the past and move forward to make a good future," said one youth who was involved in crime when he was minor and now making all-round efforts to make a good future.

He further said, "The incident in which I was involved happened in the year 2018. It was tough for me to come out but I was supported by several people and now I am living a good life as I want to see my family."

According to him, children should ensure that they should control their anger and stay away from drugs and always think about their families. "During my rehabilitation period, I always thought that I have to move forward and I can make a good future," he added.

Views expressed are personal