MY DISSERTATION ABOUT THE CHILDREN IN CONFLICT WITH LAW

CHILDREN IN CONFLICT WITH LAW- A CASE STUDY IN THE JUVENILE JUSTICE INSTITUTIONS AT TRIVANDRUM

A dissertation submitted to the University of Kerala in partial fulfillment of the requirements for the Degree of Master of Social Work

MASTER OF SOCIAL WORK

2008-2010

CHILDREN IN CONFLICT WITH LAW- A CASE STUDY IN THE JUVENILE JUSTICE INSTITUTIONS AT TRIVANDRUM

A dissertation submitted to the University of Kerala in partial fulfillment of the requirements for the Degree of Master of Social Work.

Submitted by

KRISHNA PRASAD. M .V

DEPARTMENT OF SOCIAL WORK

LOYOLA COLLEGE OF SOCIAL SCIENCES, SREEKARYAM

TRIVANDRUM-17

2008-2010

CONTENTS

ABSTRACT

CHAPTER I-INTRODUCTION

CHAPTER II- LITERATURE REVIEW

CHAPTER III-RESERCH METHODOLGY

CHAPTER IV-CASE PRESENTATION

CHAPTER V- ANALYSIS AND INTERPRETATION

CHAPTER VI-FINDINGS, SUGGESTIONS AND CONCLUSION

BIBILIOGRAPHY

APPENDIX

INTERVIEW GUIDE

ABSTRACT

This study aims to explore the characteristics of juvenile justice system in Kerala. In the study the socio economic back ground, factors behind child deviancy, and rehabilitative mechanisms and its effectiveness are analysed using the primary data collected from a purposively selected samples in Trivandrum district of Kerala state. Study employed qualitative techniques to describe the details and analysed through the triangulation of primary data from the respondents, semi-structured interviews with officials and excerpts from the literature.

CHAPTER 1- INTRODUCTION

1.1 STATEMENT OF THE PROBLEM

With the pace development in our country, we notice lot of changes appearing in climate, the environment – society, our educational system then the behavior of children.

Children constitute about 40% of India’s population and India has a National Policy for Children declaring children to be a national asset. Even so majority of India’s children continue to be in difficult circumstances. India has signed the UN Convention on the Rights of the Childand obligated itself to work towards ensuring all the rights enshrined therein to all its children

India has witnessed an increase both in crimes committed by children and those committed against them. There has been 97.9% increase in crimes committed by children between 2003 and 2004, with more children being appeared for arson, theft and cheating.

The number of children in conflict with law has increased from 17,203 in 94’ to 30493 in 2004. The crimes committed by juvenile has also seen an increase in the same period from 8,561 to 19,229 while part of this increase in juvenile crime may be attributed to the inclusion of boys aged 16-18 years in the definition of child in the revised juvenile justice law 2006, the fact remain that the rate of juvenile crime is fairly high and more and more children in 16-18 years category are coming in conflict with law.

Reports of the various researches and surveys shows an increase in delinquent behavior of students aged 14-18 years. Children committing crimes in developed countries were kind of common problem but recently remarkable crimes were seen on increase in Indian schools also.According to the report of ANS on Dec 22, 2008 more and more children across India are taking to committing crimes with the incidence of juvenile crime recording an increase each year.

In 2007, the juvenile crimes increased by 8.4 percent. The number of juvenile crimes in 2007 increased by 8.47 over 2006 with 22,865 cases by juvenile registered during 2007 up from 21,008 in 2006.

The most worrying fact that the shave of crimes committed by juveniles to total crime reported in the country has also increased last year. The crime committed by minors was 1.7% the total crime of the country in 2005. It is increased to 1.9 and 2.0% in 2006 and 2007 respectively. According to the report of the National Crime Record Bureau (NCRB), the rate of minors involved in crimes like molestation and sexual harassment recorded a down fall. About 83.7% crimes by juveniles in 2006 came under Indian penal code.

Year	Incidence of juvenile crime	Incidence of total cognizable crime	Percentage of juvenile crime	Total juvenile apprehended	Boys apprehended	Girls apprehended	Percentage of girls
1994	8561	16,35,251,	0.5	17,203	13,852	3,351	19.3
1996	10,024	17,09,576	0.6	19,098	14,068	5030	26.3
1998	9,352	17,78,815	0.5	18,923	13,974	4,969	26.2
2000	9,267	17,71,084	0.5	17,982	13,854	4,28	26.2
2002	18,560	17,80,330	1.0	35,779	33,551	2,228	6.2
2004	19,229	18,32,015	1.0	30,943	28,878	2,065	6.7

Source: Data from the of women and child development department

The question arise here, what made these children act in this manner and if this is the cost we have to pay in return of development in our country and rise in our living standards, then we are mentally and materialistically prepared to accept and fight or deal with such conditions of our upcoming generations.

Crime Head	2004	2005	2006
Murder	2	4	4
Attempt to commit murder	2	3	3
Attempt to commit murder	2	3	3
Culpable Homicide not amounting to murder	0	0	1
Rape	6	10	7
Kidnapping & Abduction	1	2	3
Dacoit	0	0	2
Robbery	8	2	11
Burglary	41	27	45
Theft	56	68	54
a. Auto theft	11	15	6
b. Other theft	45	56	48
Riots	34	32	33
Cheating	2	1	2
Counterfeiting	2	0	0
Arson	0	0	1
Hurt/Grv. Hurt	39	29	46
Molestation	1	7	12
Sexual harassment 0	0	4	0

No of children apprehended in kerala for committing crimes

Crime Head	2004	2005	2006
Murder	3	8	4
Attempt to commit murder	2	3	3
Attempt to commit murder	0	0	1
Culpable Homicide not amounting to murder	7	10	7
Rape	3	2	3
Kidnapping & Abduction	0	0	10
Dacoit	11	29	14
Robbery	52	72	61
Burglary	65	12	81
Theft	11	60	7
a. Auto theft	54	160	74
b. Other theft	107	2	88
Riots	2	0	2
Cheating	7	0	0
Counterfeiting	0	49	1
Arson	42	9	62
Hurt/Grv. Hurt	2	4	16
Molestation	0	4	0
Sexual harassment 0	17	30	49
Other IPC	62	84	42
SLL Crimes	382	464	444

1.2 Relevance of the study

In the case of juvenile justice institution at Trivandrum, this research is the latest systematic and in depth study of ‘children in conflict with law in the areas involved. It contributes the emerging literature on child offenders by taking a closer look into the following aspects.

ð The profile and experience of children in conflict with law through the eyes of children.

ð The institutions and process of the juvenile justice system on the one hand, and the juvenile justice process in actual practice by stages on the other

ð Findings on the factors behind the juvenile crime serve as basis for the different intervention programmes to tackle the issue.

ð Rehabilitation and reintegration of children in conflict with law

ð The baseline data generated by this research could be used as a bench mark by the concerned institutions.

1.3 Objectives.

General Objective:

õ To understand and describe the concept of ‘children in conflict with law’.

Specific Objectives:

õ To analyze the socio-economic profile of children in conflict with law.

õ To describe factors behind children in conflict with law.

õ To understand rehabilitation mechanism and its effectiveness in juvenile justice institutions

1.4 Definition of Concepts:

Children in Conflict with law: (also referred to as juveniles) include a child: who is alleged to have contravened a provision of a criminal/penal legislation and is below the age of 18 when such offence is committed by him/her.

Socioeconomic Profile: involving social as well as economic factors; "socioeconomic status". the socio- economic profile of the universe who is subjected to the study. It contains records of the social and economic profile of the respondents. It consists of details regarding sex, educational qualification, marital status, religion, family size, area of domicile, source of income and annual income.

In this study too some of these elements are covered – educational qualification, marital status and area of domicile. This would enable in understanding the general background of the child.

Factors: anything that contributes casually to a result; the present study has taken up the factors to be personal factors, family factors, community factors, educational factors, police service factors

Rehabilitation Mechanism : The process of the restoration of someone to a useful place in society. It was since the French Revolution, the understanding of the penal punishment changed with alternatives to imprisonment. The pace of development of rehabilitation and of the development of criminological knowledge varied greatly from jurisdiction to jurisdiction. Until the late 1960s rehabilitation remained unchallenged as the dominant correctional ideology. The reformers had championed the infusion of the rehabilitative ideal into the criminal justice system and the expansion of discretionary powers that would allow for the individual treatment of offenders.

Effectiveness; Power to be effective; the quality of being able to bring about an effect

Juvenile justice institution; Those institutions which house children in conflict with law as corrective measure and this can be categorized into special homes and observation homes.

CHAPTER II - LITERATURE REVIEW

2.1 Introduction:

According to UNICEF an alarming number of children around the world are being deprived of their , held in detention without sufficient care similarly while the condition stresses that improvement of child shall be used “only an a measure of last resort and for being a nuisance or perceived as a threat .Moreover most of them have not been liked and yet are being held for months and in cares years, often without access to legal and in some counting ,the great majority of children coming to conflict with law are from disadvantages communities and are criminalized for simply laying to survive. Frequently, the children are held under deplorable and inhumane conditions. Physical abuse is common and children suffer trauma resulting from torture and interrogation .

More children were involved in arson and riots. The highest increase in the incidence at juvenile crimes was observed under criminal breach of trust that recorded a jump of 166% followed by arson and riots that increased by 75% and 45% respectively, the report said. A total of 34,527 juveniles were apprehended during 2007 out of which 32,671 were boys and 1,856 were girls. The highest number of juvenile apprehended in 2007 was 18,015 – was in the age group of 16-18 years. Which was 16.3% higher compared to 2006, the report said. Madhya Pradesh reported the highest 5,089 number of crimes by juveniles in the locality following by 4,499 in Maharashtra and 1,864 in Gujarat.

In Kerala the incidents are different crime.

2.2 Reviews

It is common for governments to abuse the youth during arrests and interrogation and keep them in overcrowded, unsafe conditions in disregard of international standards. Juvenile detention facilities often fail to provide youth with adequate educational, medical, mental health, or rehabilitative services. In many cases, children are commingled with adults, in violation of international law. The United States’ treatment of children in conflict with the law presented particular concerns. It continued to detain and incarcerate many youth and juveniles. With four juvenile offenders executed in the first half of the year, it continued to defy the international standard forbidding the imposition of the death penalty for crimes committed under the age of eighteen (human Rights Watch World Report 2001).

As a result, children in conflict with the law are often subjected to human rights violations during arrest and detention. This includes arbitrary arrest, physical abuse during interrogation, and other denials of due process. In particular, children living and working on the streets (street kids) throughout the world are subjected to routine harassment and physical abuse by police and by private security guards who often act with the acquiescence of the government. According to the Russian committee for Civil Rights, one third of all youth facing criminal proceedings in Russia are subject to violence during detention and interrogation. One in four youth are subjected to police violence on the street before the age of fifteen (Human Rights Watch World Report 2001).

Harvey and Fine (2004) examined the narratives of children whose parents were divorced. Some of these children carried emotions of anger and rage within themselves, which led to them being out of control and at the opposite end of the law. This happened because they were crying for attention. Their mental health became compromised thus leaving them with poor judgment of situations.

According to Charles worth (2000), parental disciplinary styles affect child behavior. Authoritarian parents tend to have children who view hostile methods as successful means of solving peer conflict and use more antisocial behavior in relationships. Inductive or authoritative parents tend to have children who believe positive strategies succeed in resolving conflict and exhibit more pro-social and positive behavior in relationships. These children are also more popular with their peers.

Adolescent step children were generally found to exhibit more externalizing behavioral problems than children living with both parents, behaviors such as drug and alcohol abuse, non-marital child bearing, engaging in aggressive behavior and being arrested. Stepchildren had more personal behavior problems than children living with both parents (Ganong & Coleman 2004:146).

Saunders (2004:115) states that older siblings frequently supply drugs to, and use drugs with, a younger sibling. Parental drug usage plays little role compared to peer and sibling influence.

Brooke et al (1990) (cited in Saunders 2004) found that older siblings and peers had a greater influence even if they (a) advocated but did not model its usage or (b) modeled but did not advocated its usage.

Parry- jones and Queloz (1991) state that it is widely accepted that urban areas are associated with higher rates of psychosocial problems, including juvenile delinquency, families with problems, adult criminality and adult psychiatric disorder. Furthermore, the nature of the relationship between features of the environment and the mental health of individuals, however, is an extremely complex subject.

Parry – Jones and Queloz ( 1991) cite Quinton’s (1988) statement that it cannot be assumed that there is a “ typical” inner city family, but that there is a commonly held picture, supported to some extent by research evidence, Quinton further summarizes the stereotype as follows: inner- city families are often large, poor and of low social status and many are headed by single mothers or unemployed fathers. They live in poor- quality or overcrowded conditions or on anonymous new housing estates. The combination of poverty, large family size and poor housing can result in patterns of parenting, which have a severe impact on child development ( Parry- Jones & Queloz 1991)

The Neuman systems model classifies these factors as stressors, which can either be internal or external ( Stanhope & Lancaster 2000).

In the Neuman’s systems model, environment is defined as “all internal and external influences surrounding and affecting the client system”, which was the child. The environmental forces may influence the client positively or negatively at any given time. The process of input, output and feedback between the client and the environment is reciprocal. In this study, the inputs were families, police, educators and correctional officials; the process was policies, programmes and legislation that address children issues, and outputs were the impact of the programmes and guidelines on the lives of children issues, and outputs were the impact of the programmes and guidelines on the lives of children, which was beyond the scope of this study.

Stanhope and Lancaster (2000) add that “stressors occurring within and outside the client system can create instability”. As inputs, police, correctional services officers, families are resources that ideally have to support the client system. There are processes in place in all the social institutions, such as health, education, social welfare, that are intended to promote the best interest of the child. The implementation of the policies and programmes by the institution is expected to bring positive outputs.

Personal factors

Stanhope and Lancaster (2000) classify personal factors as stressors, which can either be internal of external. In this study, personal factors were identified as peer pressure, substance abuse, poor coping skills and delinquency.

Sigmund Freud, the founder of psychoanalysis, believed in the “role of sexual drive in motivating individuals to behave in a variety of ways; he was convinced that evil was an essential part of human nature. He also wrote about his belief in the existence of a ‘death instinct’: that men are not gentle friendly creatures wishing for love. … a powerful measure of desire for aggression has to be reckoned as a part of their instinctual endowment. This aggressive cruelty usually lies in wait for some provocation, or else it steps into service of some other purpose, the aim of which might well have been achieved by milder measures” (Karen 1995)

Karen (1995 ) cites Roth (1994) who states that violent behavior maybe associated with certain relatively permanent conditions and temporary states of the nervous system.

Karen(1995:17) also cites Miller(1983), a Swiss psychoanalyst, who suggests that fulfilling children’s emotional needs when they are young is critical to avoiding violent behaviour in later life such children suffer from low self- esteem and are therefore easily influenced by their peers to break the law. Psychological assessment is also important for these children to identify their problems and needs.

Family

Stanhope and Lancaster (2000:496) refer to the Friedman Family Assessment Model (1998), which draws heavily on the structural- functional framework and developmental systems theory. The model takes a broad approach to family assessment, which views families as a subsystem of society. The family is viewed as an open social system. The family’s structure (organization) and functions (activities and purposes) and the family’s relationship to other social systems are the focus of this approach. This approach is important because it enables health professionals to assess the family system as a whole, as part of the whole society and as an interactions system. This approach was developed to provide guidelines for family nurses interviewing a family to gain an overall view of what is going on the family.

Kupersmidt and Dodge (2004) maintain that there are at least two extreme hypotheses in specifying the role of deviant friends in the development of aggressive and antisocial behavior. One is that associating with deviant peers is a necessary pathway leading to delinquent behavior. In this view the influence of deviant friends causes children to engage in antisocial behavior. It is the stability of disruptive and antisocial behavior over time that explain delinquent behavior in adolescence .Moreover ,the individual characteristics and behavior that give rise to delinquency incidentally lead to the observed association among deviant friends.

Kupersmidt and Dodge (2004) cite gottman (1983) who states that in the case of children with deviant behavior and antisocial tendencies, rule breaking is often the common ground activity that promotes friendship development.

Substance abuse

Substance abuse refers to a man or woman who uncontrollably over-uses a substance such as alcohol ,or drugs. Stanhope and Lancaster (2000:735) define substance abuse as “the use of any substance that threatens a person’s health or impairs his/her social or economic functioning”. Substance abuse has ruined the lives of many, and continues to ruin the lives of many more.

Children in the cities are the target for the sale of harmful substances, such as alcohol, drugs and tobacco. Drug dealer, for example, seek out the young and impressionable specifically (Boyden1991:45).

Families and communities are important determents of whether of not children will abuse intoxicating substances. Zigler kagan and Hall(1996) classify risk factors for drug use by children into three variables, namely family, individual and community variables .Family variables include family alcohol ,other drug behavior and attitude within the family .Community variables are economic and social deprivation ,norms fordable to drug use ,easy availability of drugs and alcohol, and a low sense of cohesiveness within the community .Individual variable that are early antisocial behavior ,lack of social skills ,low self –esteem ,low sense of self-efficacy, and aggressiveness.

Delinquency

Delinquency is generally represented as a youthful normal civilized behaviors and value ,which were constructed as universally desirable (Griffin 1993).

Furthermore,Griffin(1993)adds that delinquents were “an affront to the sentimental Victorian picture of childhood innocence which was presented as a universal phenomenon ,although it was largely applicable to the affluent homes and school rooms of the well-serviced upper and middle classes”.

According to Boyden et al(1993),juveniles do appear in criminal statistics in cities at a rate disproportionate to their numbers. Moreover, juvenile delinquency is regarded almost as an urban phenomenon and young people are seen as the main perpetrators of urban crime of all sorts.

Studies of juvenile delinquency in India, the United Arab Republic and Zambia, sponsored by the United Nations (UN), found a high correlation between urbanization and official rates of juvenile delinquency. Young males in their mid –teens to mid-twenties seem to commit most crimes globally Boyden et al (1991).They further indicate that theft is usually the main crime for which children are arrested .In this study , five out of eight participants were arrested for theft:

•Poor sense of significance

Collins English Dictionary (1991) define significance as “consequence or importance; something signified , expressed ,or intended; the state or quality of being significant”;in other words, full of meaning or noteworthy. Self-significance therefore means that people feel that others notice them, their presence or existence, or that others consider their life meaningful.

Zigler and Queloz (1996:) state that the most crucial aspect of the child ‘s social development involves the child’s family. While the child becoming increasingly independent of his or her parents ,the family undeniably maintains a primary position in the primary socialization and education of the child .The quality of the child’s socialization will determine to a major degree the extent to which the child will explore his or her word, meet and interact with others, enjoy successful social relationships outside the family ,and grow up to be a socially competent individual .In addition ,children are far less likely to accomplish these vital tasks either when parents are overprotective,domineering,and punitive,or when they are lax and overly permissive,failing to establish their identity as authorities and caregivers.

Karen (1995:16) refers to may , who states that “violence, or acts close to it, gives one a sense of counting ,of mattering and of power. This, inturn, gives the individual a sense of significance. It is the lack of this sense of significance,and the struggle for it that underlies much violence.”May al so talks about parents and their love for their children, pointing out that if parents do not love their children and demonstrate that love, the children will grow up with an underlying desire to seek revenge, to destroy other the same way their world was destroyed. When people feel insignificant and important through any means available to them. Often , aggressive and destructive behavior is the means by which significance is achieved:

• Low self-esteem

Benedek and Brown (1995:) define self-esteem as “the sum of the person’s feelings and thoughts about himself or herself in terms of competence, value to self and others, and the ability to be self-reliant, confront challenges and respect others”. In addition, individuals who develop healthy self-esteem as children become adults who are able to manage and take charge of their lives .They will not rely on other people and want to do anything just to be accepted by peers:

Family factors

According to Stanhope and Lancaster (2000:479), family refers to “two or more individuals who depend on one another for emotional, physical, and or financial support. The members of the family are self-defined.”

Parenting problems

Parenting is an important part of “loving and caring for your child .Good parenting is about providing a warm ,secure home life ,helping your child to learn the rules of life (for example ,how to share ,respecting others ,etc) and to develop good self-esteem .You may have to stop them from doing things they shouldn’t be doing, but it is just as important to encourage them to do the things you do want them to do”(Carr2002)

Parenting is understood not only to involve what parents do with their children and how they do it ,but also to be affected by the quality of the parents’ relationship more generally, their psychological functioning, their previous parenting experiences with other children and with a particular child ,and by the social context in which they are trying to parent (Quinton& Rutter 1998:8).The focus of parenting has changed from toilet training , other types of discipline to reciprocity, doing things with children rather than to them ,to communication and problem-solving and continuity and parent – child relationships.

Divorce and the absence of the father

Quinton and Rutter (1998) state that parenting must be seen as just one relationship in a broader social network. This means that parenting is affected by the quality of the parents’ other social relationships, and also that behavior varies according to who is present;for example ,the pattern of mother-child interaction has been shown to alter depending on whether the father is there. Quinton and Rotter (1998:10) state further that parenting tends to be affected by the presence or absence or absence of effective social supports.

According to Karen (1995:43), boys who have the opportunity to identify their fathers at an early age ,and thus grow up with a positive model, are less likely to need to prove themselves to others or to themselves. Benedek and Brown (1995:13) add that boys in homes in which the father is absent, may be less competitive,less interested in sports,more dependent on others and more aggressive.Moreover,these boys may perform less at school and be more difficult to discipline.

Single parenting

Evolutionary psychology predicts that children from two-biological-parent families will be have an advantage over children from other forms of family .MacLanahan and Sandefur in Flouri(2005) are of the opinion that, in general ,empirical studies show lower attainments, early union formation ,earlier entry into parenthood ,more extra-marital fertility, more partnership dissolution and less psychological well being in children of lone-parent families in comparison to children in two –parent families.

Benedek and Brown (1995:14) state that children ‘s development of a healthy self-image and the ability to form stable, loving relationships with others as they grow up depend on having continued access to the most important attachment figures in their lives-their mother and father.

Step- Parenting

A stepfamily is made ,not born .Accounting to Grunsell (1990), the words “stepmother” and “stepmother” came about because the new partner “steps in” to help bring up the children and keep the home going with one of the children’s parents. A stepfamily is made when two adults get together and one or both already have children. Stepfamilies are often created by divorce or separation. Sometimes they come about after the death of one parent .There may be problems between step children and parents where children feel they miss their other biological parent and when they compare the stepparent with the gone biological parent .In some cases, conflict may be the result of stepchildren not being treated the same as the biological children of the stepparents .This may result in the child being angry and aggressive .If the affected children cannot take it out on the stepparents, they can go out and engage in deviant antisocial behavior in the community:

Child neglect

The US Senate (1973) in Berger et al(1994) stated that any act of commission or omission by individuals, institutions, or society as a whole ,and any conditions resulting from such acts or inaction ,which deprive children of equal rights and liberties, and/or interfere with their optimal development, constitute abusive or neglectful acts or conditions

Karen (1995) states that if proper bonding between mother and child does not happen during birth and infancy, the child will develop mistrust and a deep-seated rage. The child then become a child without a conscience and can anti – social behavior growing up

Poverty

The Human Sciences Research Council (2003) state that the measurement of child poverty needs to go beyond a focus on income available to support a reasonable standard of living and promote positive child development .Boyden et al (1991:23) maintain that children are at particular risk of neglect in low –income communities without proper services, with poor nutrition, working parents, weakened ties between members of the extended families, and inadequate childcare facilities.

Quinton (1998:42) adds that low socio-economic status is a far more potent risk factor for violence than is generally recognized.

Community factors

A community is “a social group determined by geographic boundaries and/or common value and interests.Its members know and interact with each other .It functions within a particular social structure and exhibits and create norms ,values and social institutions”(Stanhope & Lancaster)2000.

Communities with a high level of violence

Children living in communities where the level of crime is high learn to defend themselves either through aggression or being afraid to engage in community life. Zigler et al (1996:310) observed that children who are chronically exposed to high levels of environmental violence might experience symptoms ranging from increased levels of fear, anxiety, and stress to post-traumatic disorders. In addition, early experiences with violence diminish children’s sense of trust in themselves and in the world around the. Children who have witnessed repeated violence might later develop assaultive or delinquent behavior.

Karen (1995:50) states that modern society has fewer roots than years ago; this rootlessness may leave a child unattached and less caring about the rights and property of others. In addition, today’s society values popularity and success, whether gained positively or negatively. Society’s emphasis on success leaves many children out; those who are failures in school for one reason or another believe their home is a failure and so is their society. These children may turn to aggressive or violent behavior to gain attention and prove their worth. Society also makes it easy for these children “failures” to make quick money without working hard.

Labeling and rejection

Communities are ignorant of the fact that if offenders are not reintegrated into society, they re-offend and this results in a vicious circle in which the co0mmunity members themselves suffer the consequences. Both the victims and offenders need to find a way of reintegrating the offenders back to society in a way that will encourage the offenders to take responsibility. This can also prove to be beneficial to society because offenders can be used to motivate other children against crime.

Police service factors

Stanhope and Lancaster ( 2000) state that state power concerning health is mostly police power. This means that states may act to protect the health, safety and welfare of their citizens. Such police power should be used fairly and justly, and the state must show that it has a compelling interest in taking action against any individual who interferes with the safety rights of others.

The police service is one of the institutions responsible for providing safety for the citizens of the country and protecting them from criminal activities. Some officials, however, are said to be corrupt and work against the law, being involved in criminal activities and corruption.

Educational factors

Globally, policy-makers view schooling as an essential prerequisite for sustained economic growth and democratic participation. Most countries aim to provide schooling for at least the majority of children between the ages of 6 and 16 and many have achieved universal education for this age group. Education can be a difficult and distressing experience for the child. Schooling sets standards that many children cannot reach. Failures at school, for whatever reason, are a major stress in child hood. This can set life- long feelings of inferiority (Boyden et al 1991- 100)

The competitive nature and characteristics of modern society also contribute to aggressive and violent behavior in children. The community instills competition values very early by teaching children that there is a winner and a loser in all games, and by extension, in all situations in life. Parents often teach their children to be competitive in order to survive in society and that it is an inevitable part of life( Karen 1995: 48)

Karen (1995:48) cites Kohn’s (1986) statement that our educational system is individualistic, with an evaluation method that is very competitive. Children who cannot perform well under pressure in order to be better than everyone else will not make it at school. Furthermore, schools foster competitive rather than cooperative learning. In cooperative learning, students are taught that it is to their advantage if other students learn well and to their disadvantage if others do poorly.

Stanhope and Lancaster (2009:911) state that smoking among teens has risen steadily since the 1990 s and that tobacco is considered a gateway drug to toher substances and high- risk behavious.

Regarding the rehabitation process the Indian constitution have made some criterias

The Juvenile Justice Act (Care and Protection of Children) Act, 2000.

The Juvenile Justice Act( Care and Protection of Chuildren) Act, 2000 replaced the Juvenile Justice Act 1986, and came into force in April 2001. Prior to enactment of the Juvenile Justice Act 1986, each State had a separate juvenile legislation with distict provisions. It was amended in 2006.

This act contributes to the building of a uniform juvenile justice system throughout the country and reaffirms the child’s right to survival, protection, family evelopemnt and participation. It also considers institutional and non- institutional services for children.

The Act has laid special emphasis on rehabilitation and social integration of the children and has provided for institutional and non- institutional measures for care and protection of children. The non- institutional alternatives include adoption, foster care, sponsorship, and after care. The act also envisage a system of partnerships with local communities and local governments to implements the legislation.

This act conforms to the UN CRC and seeks to promote a child – friendly juvenile justice system in India. The first example of this lies in the use of different and child- sensitive terminology used in legislation:

According to CHILD Protection & rights

This Act deals with two categories of children: Children in need of care and Protection and children in conflict with law.

Specific authorities created to deal with children.

This act aims to offer a child increased access to justice by establishing 2 specific authorities to deal with children. They are

1. Child Welfare committee for children in need of care and protection

(Section 29)

2. Juvenile Justice Board (JJB) for children in conflict with law.

Even if the child is being accused of doing an offence with an adult, the child must be tried separately in the Juvenile Court. (Section 4)

The Child welfare Committee ( CWC)

It has sole authority to deal with matters concerning children in need of care and protection. A committee has to be constituted for each district or grou of districts, and consists of a chairperson and 4 other persons one of whom at least should be a woman. The committee has the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and human rights.

A child rescued from hazardous occupation, brother, abusive family or other such exploitative situation must be produced before the CWC who will conduct an inquiry to ensure optimum rehabilitation with minimal damage to the child.

Children in need of care and protection are sent directly to the children’s home by the child Welfare Committee that passes necessary orders for their rehabilitation, restoration and social re- integration.

The Juvenile Justice Board ( JJB)

It has sole authority to deal with matters concerning children in conflict with law. A Juvenile Justice Board has to be constituted for each district or group of districts, and consists of two social workers and a Judicial Magistrate. This is an attempt to bring change in the nature of the inquiry and decriminalize the administration of juvenile justice through the presence of the two social workers.

Once the crime is committed and the child is apprehended, the case comes before the JJB. Till the inquiry is pending the child is kept in an observation home, unless otherwise released as per the law. On conviction, the child is sent to the special home or place of safety.

Under this law, every juvenile in conflict with law has a right to bail as granting bail is mandatory, except when it can pose a threat to the life or well – being of the juvenile. Instead of being sent to a jail, the law takes a reformatory approach and provides for release on probation after advice and admonition or , places them in custody of special homes.

The recent amendments (2006) to the act given below.

Section Amendments to the earlier Act of 2000

2(a) (a) Inclusion of definition of Adoption: “ Adoption” means the process through which the adopted child is permanently separated from his biological parents and becomes the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship.

2(d) ( i) Child beggars Included in the definition of children in need of care and protection.

10(1) In no case a juvenile in conflict with law shall be placed in a police lockup or lodged in jail.

14(2) Since the provision for enquiry to be completed within four months lacks proper implementation, as inquiries are pending before the Boards for a long period of time, it is proposed that the Chief Judicial Magistrate /chief

Metropolitan Magistrate shall review the Pendency of cases of the Board every six months, and shall direct the Board to increase the frequency of its sitings or may cause constitution of additional Boards.

15 (1) (g) the juvenile Justice Board can make an order directing the Juvenile to be sent to a special home for a maximum period of three years only.

16(1) No Juvenile in conflict with law can be put under imprisonment for any term which may extend to imprisonment for life.

21 Contravention of provisions dealing with prohibition of publication of name etc. of child shall be punishable with fine extending to twenty five thousand rupees as against existing 1000 rupees.

4 & 29 The State Government to constitute Juvenile Justice Board and Child welfare Committee for each district within one year of the Amendment Act in to force.

33(3) the State Governments may review pending of cases before the Child Welfare Committee in order to ensure speedy completion of enquiry process.

34(3) All State Government / voluntary organizations running institutions for a child/ juvenile shall be registered under this Act within a period of six months from the date of commencement of Amendment Act, 2006.

41(4) State Government shall recognize one or more of its institutions or voluntary organizations in each district as specialized adoption agencies for the placement of orphans, abandoned or surrendered children for adoption.

Children’s homes and the institutions run by the State Government or voluntary organizations for children who are orphans, abandoned or surrendered shall ensure that these children are declared free for adoption by the Child Welfare Committee and all such cases shall be referered to the adoption agency in that district for placement of such children in adoption in accordance with guidelines.

62(A) Every State Government shall constitute a Child Protection Unit for the State and, such units for every district, consisting of such officers and other employees as may be appointed by that Government to take up matters relating to children/ juveniles with a view to ensure the implementation of this Act.

Child Protection and Rights at National Level

India has developed since Independence many policies and legislation to favour Child Protection and Child Rights. This movement has been reinforced and accelerated by the international context and commitment of India.

The Government of India ratified the Convention on the Rights of the Child on 11 th December, 1992. Accordingly, the successive governments have been taking action to review the national and state legislation and bring it in line with the provisions of the Convention. They have also developed appropriate monitoring procedures to assess progress in implementing the Convention, involved all relevant government/ ministries/ departments, international agencies, non- governmental organizations, and the legal profession in the implementation and reporting process, published the Convention, and sought public inputs for frank and transparent reporting.

India is also a signatory to the World Declaration on the Survival, protection and Development of Children. In pursuance of the commitment made at the World Summit and at the UN Special Session for children, the Ministry of women and Child Development have formulated a National Plan of Action for children. (National Policies and Programme for Children) Most of the recommendations of these international Summits are reflected in India’s National Plan Action.

The Constitution of India, the National legislation, many other national policies and programmes guarantee children’s rights and children’s needs.

I- Constitution – Children Related Articles

The Constitution of India guarantees all children certain rights, which have been specially included for them.

Articles 14 and 15. Article 14 provides that the state shall “ not deny to person equity before the law or the equal protection of the laws within the territory of India”

Articles 15(3) mentions that , “ Nothing in this article shown prevent the state for making any special provision for women and children”.

Article 21 A . Directs These state shall provide “ free and compulsory education to all children of the age of six to fourteen years “ in such manner as the state may, by law, determine.

Article 24 prohibits employment of children below the age of fourteen years in factories, mines or any other hazardous occupation.

Article39(e) and (f) provides that the State shall, in particular , direct its policy towards securing to “ ensure that the health and strength of workers, men and women and the tender age of children are not abused “ and “ that the citizens are not forced by economic necessity to enter avocations unsuited of their age or strength “ and that “ the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity” and that the childhood and youth are protected against exploitation and against moral and material abandonment.

Article 45 envisages that the State shall Endeavour to provide early childhood care and education for all children until they complete the age of six years.

They also have rights as equal citizens of India, just as any other adult male or female:

Article 14 provides equality for all.

Article 15 Prohibits discrimination.

Article 21 provides that no person shall be deprived of his life or personal liberty without any due process of law.

Article 23 prohibits trafficking of human beings and forced labor.

Article 25 -28 provides freedom of conscience, and free profession, practice and propagation of religion.

Article 46 recognize the right of weaker sections of the people to be protected from social injustice and all forms of exploitation.

Amendment 86 recognize the Right to education.

The state must:

Make special provisions for women and children( Article 15(3)

Protect interest of minorities ( Article 29)

Promote educational interests of weaker sections of the people( Article 46)

Raise the level of nutrition and standard of living of its people and the improvement of public health ( Article 47)

They also have rights as equal citizens of India, just as any adult male or female:

Article 14 Provides equality for all.

Article 15 Prohibits discrimination.

Article 21 Provides that no person shall be deprived of his life or personal liberty without any due process of law.

Article 23 Prohibits trafficking of human beings and forced labour.

Article 25-28 provides freedom of conscience, and free professiona, practice and propagation of religion.

Article 46 recognise the right of weaker sections of the people to be protected from social injustice and all forms of exploitation

Amendment 86 recognizes the Right to education.

The state must:

Make special provisions for women and children(Article15(3.)

Protect interest of minorities (Article 29)

Promote educational interests of weaker sections of the people (Article 46).

Raise the level of nutrition and standard of living of its people and the improvement of public health ( Article 47)

REHABILITATION AND SOCIAL REINTEGRATION

In juvenile justice institutions in india rehabilitation focus on four criteria they are

ADOPTION:-

(1) The Children who are orphaned, abandoned, neglected and abused can be adopted under the act. The guidelines for such adoption shall be issued by the Government from time to time the guidelines so issued shall from part of these –rules. Further the guidelines on adoption issued by the central Adoption Resource Agency (CARA) shall also be followed.

(2) Government shall recognize Children’s Homes or government run Homes as adoption agencies for in-country adoption. In the case of inter- country adoption the procedure laid down by the Central Adoption Resource Agency shall apply .However, the scrutinizing agency shall be done independently by an agency recognized for this purpose. The scrutinizing agency shall examine all available information and verify the background of the child before making a recommendation to the Board for adoption of the child .

(3) An abandoned child can be given in adoption only when the committee declares such a child to be legally free for adoption.

An abandoned child shall be legally free for adoption when such an order is signed by at least two Members of the committee. The Committee shall make a release order declaring the application.

(4) Before declaring the child as abandoned and certifying him/her as legally free for a adoption , the Committee shall institute a due process of enquiry which shall include-

(a)Declaration by the recognized agency stating there has been no claimant for the child even after making notification in at least one leading newspaper and after waiting for a period of four months;

(b) The police enquiry for the purpose of ascertaining and tracings the parents of the child in respect of which found abandoned must be completed with in one month from loading the complaint in the police station and submit reports to the committee;

(c) A through enquiry and report by the probation officer/Case Worker,as the case may be, shall be submitted within a maximum period of four months;

(d)No child who can understand and express her/his opinion shall be placed in adoption without his/her consent.

(5)The Role of licensed /recognized Government and Non-Government agencies for adoption shall be-

(a)When an abandoned child is received is received, the recognized agency shall within twelve hours of the receipt of the receipt of the child report to the Committee along with the copy of the report filed with the police Station in whose jurisdiction the child was found abandoned.

(b) The adoption agency may initiate the process of clearance for thepurpose of adoption at the earliest in the case of children who are found abandoned and for placing application within a period of two months before the committee for declaring the child legally free for adoption .

(c) Where a child is surrendered by here/ his biological parent/parents by executing a document of surrender as prescribed, the adoption agency shall make an application directly to the Board for giving the child in adoption. However , the adoption agencies shall wait for completion of two months given as period of reconsideration to the biological parent /parents.

(d) Where a child is surrendered /abandoned child who is legally free for adoption for received, the licensed agency shall have discretion to place the child in pre-adoption foster care with the selected prospective adoptive parent/ parents under intimation to the Board immediately after filling petition for final adoption order before the Board.

(6)The procedure for Adoption shall be

(a) Every petition for adoption shall be submitted before the Board by the Superintendent/Officer in Charge of the recognized Children’s Home/Placement Agency under the Act

(b) Every petition shall be accompanied by the following , namely.

(i) Declaration of willingness of the institution to give the child in adoption .

(ii) A declaration from the prospective parent/ parents expressing their willingness to take the child in a adoption.

(iii)Home study Report prepared by probation Officer/ qualified social Worker of the Placement Agency (formNo.XII)

(iv) Child study report

(v) Medical Report of the child

(vi) Legally Free for Adoption declaration from Child Welfare Committee.

(vii) Medical Certificate showing both husband and wife are meantally and physically fit and do not suffer from any communicable disease.

(viii) Marriage statement

(x) Income certificate.

(xi)Property statement

(xii) Two recommendations from respectable Members of the community.

(xiii) Four Photographs of the couple (post card size ,midclose)

(xiv) Consent of the parents/ natural mother in the case of relinquished child (consent should be obtained in a language known to the consented)

© when the child proposed to be given on adoption is a relinquished child, the Board shall satisfy itself that the relinquishment deed was taken property and the child has been voluntarily surrendered by the biological parent/ parents /unmarried mother. The board may also in cases which are doubtful ,direct the scrutinizing agency to enquire whether the child has been voluntarily surrendered by the biological parents/ parent/ unmarried mother or

Whether such relinquishment has been by fraudulent means .But unless the board so directs, the scrutinizing agency shall not make any attempt to trace the biological parents/parent/unmarried mother of the child.

(d) After receiving an application from a recognized agency for adoption ,the Board shall call for independent enquiry by recognized scrutinizing agencies. The scrutiny report shall be submitted with in a period of two weeks

(e) The Board shall undertake a process of enquiry which shall include interviewing the prospective parents, verifying the documents and scrutiny reports. If the Board is satisfied that the placement is in the best interest of the child, it shall pass a final order giving permanent custody to the adoptive parent/parents .An order of adoption shall be signed by the principal Magistrate besides one of the two Members of the board.

(f) The Board shall fix the date of birth ,in the best interest of the child and shall pass order to the appropriate authority to issue a regular birth certificate for the child, giving the name(s) of the adoptive parent(s) as if in the case of natural born children. The date of birth given in the order of the Board shall be conclusive proof of the date of birth of the child for all practical purposes.

(g) As far as possible, the time taken for passing an adoption order shall not exceed two months from the date of filling. The order shall also include provision for a periodic follow up report either by the probation Officer/ Case Worker or Adoption Agency to ensure the well being of the child .The period of such follow up shall be half yearly in the first year and annually for the subsequent years till he /she ceases to be a child.

(h) When the proposed adoptive parent/ parents is related to the child ,the Board may dispense with any of the above conditions.

(i) Aphotograph of the child signed by the principal Magistrate of the Board shall be attached to the order

(j) No formal form of ceremony for the adoption under the Act is required and the order issued by the Board shall be a final Adoption Order .Once an Adoption Order is issued, it cannot be cancelled and the adoptive parents cannot be discharged of their responsibilities as such.

(k) If the parents have already been appointed as legal guardian by the competent court, then they need only produce the certified copy of the order before the Board and the Board after conducting a formal enquiry, may issue an Adoption Order. Before issuing the order, the Board shall consider a report of the Probation Officer regarding the present condition of the child and family.

(l) The adoptive parents, if employed, are eligible to get a familiarization leave for a maximum period of three month on the basis of the recommendation of the Board. This benefit shall not be given in the case of adoption under clause (k) above.

(m) The adoptive child is entitled to get all the rights as that of a natural born child with respect to the adoptive parents. A copy of the adoption order shall be forwarded to the Director of Social Welfare by the Juvenile Justice Board

38. FOSTER CARE:

(1) Any person desirous of giving foster care shall submit to the competent authority an application in Form XIV. The temporary foster care period shall not exceed four months.

(2) The short term foster care shall be carried out as given in Sub Section (2) of Section 42 of the Act by the competent authority under supervision of a Probation Officer/Case Worker/Social Worker. The total period of short term foster care shall not exceed five years, unless extended by the competent authority. The duties and responsibilities of foster care parents are given in annexure – IX.

(3) On receipt of a foster care application, the competent authority shall call for a Home Study Report from the Social Worker/Probation Officer in form No.XV.

(4) The following criteria shall be applied for selection of families for temporary foster care:-

(a) Foster parent shall have stable emotional adjustment within the family;

(b) Foster parent shall have an income to meet their needs and not be dependent on the foster care maintenance payment. The monthly family income shall not be less than Rs.5000/- per month;

(c) medical reports of the foster parents shall be obtained to determine that they are medically fit. An updating shall be done at regular intervals of not less than once in a calendar year;

(d) The foster parent shall have experience in child caring and the capacity to provide good child care;

(e) The foster parent shall be physically, mentally and emotionally stable;

(f) The home shall have adequate space and physical facilities;

(g) The foster care family shall be willing to follow the provisions of the rules including regular visits to pediatrician, maintenance of child health, record etc.,

(h) The family shall be willing to sign an agreement and to return the child to the agency whenever called to do so.

(i) The foster parent shall be willing to attend training/orientation programmes;

(j) The foster parent(s) shall be willing to take the child for regular (at least once a month in the case of infants) checkups to a pediatrician approved by the agency.

(5) If the competent authority is satisfied, the child can be placed on short term foster care after obtaining an undertaking in form No XVI.

(6) In the case of children above the age of 7 years and who is willing to stay with a relative of his family and if that family is also willing to take the child on foster care, the child can be released from the home and placed under the foster care of his relative family. In deserving cases the competent authority can relax any of the above conditions as regard to the selection of foster parents considering the best interest of the child.

(7) There shall be carried out regular monitoring and supervision by the Probation Officer/Child Welfare Officer, as the case may be. The details showing the responsibilities of foster care parents are shown in annexure IX.

(8) The Government may formulate a comprehensive Foster Care Scheme.

39. SPONSORSHIP

(1) Sponsorship services shall be considered to supplement the resources of the child and his/her parent or guardian so as to support efforts to re-integrate the child into the community and finance his/her education, vocational training, health care, etc. or to supplement the family income to encourage parent or guardian to fulfil their responsibility to the child.

(2) The Government shall also permit individuals, institutions, corporate sectors, financial institutions, industries etc. to sponsor the following activities for the benefit of children in the institutions established under the Act,

(i) Any child or his family shall be supported under sponsorship for higher education, to meet medical needs, to encourage children to do away from child labour etc;

(ii) Any activities pertaining to improve the behaviour of children, construction or alteration of buildings, cultural programme, picnics, holiday camps, medical observations, immunization programmes, special medical assistance, improving infrastructural amenities, staff requirements etc;

(iii) Any activities pertaining to the job oriented training programmes, establishment of vocational rehabilitation centres, community college etc;

(iv) Establishment of libraries, sports activities, horticulture/sericulture creative arts and competititions etc.;

(v) Inter school sports activities, seminars for children involving eminent personalities etc.;

(3) Sponsorship shall also be extended to needy children under the supervision of the Probation Officer.

(4) The Superintendent of the institution/Probation Officer shall prepare a need based action plan for sponsorship and they shall invite suitable sponsors by giving wide publicity and arrange sponsorship assistance to the needy children. The Superintendent and Probation Officer shall act as facilitators.

(5) As regards the home placed children or foster care children, a Bank Account in the name of the child along with the name of guardian shall be operated for the sponsorship programme. In the case of institutionalized children a joint account in the name of the child and Superintendent shall be operated for the sponsorship programme.

(6) Sponsorship for other activities of the institution shall be received by way of Cheque/Demand Draft and proper account shall be maintained and operated by the Superintendent.

(7) The Officer-in-charge of the Institution/Probation Officer shall supervise the utilization of the sponsorship amount and submit quarterly periodical report to the Director of Social Welfare.

(8) The Government may formulate a comprehensive sponsorship program through a suitable scheme.

40. AFTER CARE ORGANIZATION:-

(1) The Government shall establish such number of aftercare institutions as they may find necessary for the aftercare and rehabilitation of the juvenile and children discharged from institutions or children under supervision of Probation Officers or other fit persons. The Government may also give recognition to institutions run by aftercare organizations/Associations or Society.

(2) After Care Organization are to take care of juveniles or children after they leave Special Homes and Children’s Homes.

(3) Any Organization/Association or Society desiring to be recognized under clause (a) of Section 44 of the Act may make an application in writing to the Director of Social Welfare who shall cause such Organization/Association or society to be inspected and forward a report to the Government regarding the facilities in such Organization/Association or society for the boarding, lodging, general health and the arrangements made for providing training and employment facilities to the discharges of Children’s Home, Special Homes and Observation Home and Children under supervision of Probation Officers and other fit persons for the purpose of enabling them to lead an honest, industrious and useful life.

(4) The diet, bedding, clothing, medical facilities and other services of the After Care Home run by the Government shall be the same as specified for a Special Home under the Act. The Government shall also provide necessary staff in the same pattern of a Special Home for the administration and management of an After Care Home.

(5) The After Care Homes shall be Production Centers set up in collaboration with Government and Non Governmental Organizations.

(6) The programmes under the scheme shall include the following namely:-

(i) Continuing of education/training with sponsorship support till completion ot the course;

(ii) Facilitating employment generation and physical and psychological reintegration for these youths would be a key programme;

(iii) A permanent qualified Full-time Counselor shall be appointed in the Home. Under him a peer counselor would also be available for youth at these Homes.

(7) Strategy for children who have been juveniles or have left Special Homes would be to help them return to normal life and adjust and adapt to their environment. There shall be through their own efforts. All efforts shall be made by the Counsellor to link the children in the Group Homes to the community and other Non Governmental Oranisation’s networks.

(8) Before a juvenile is discharged from a’s Home or Special Home, as the care may be, and is sent to an After Care Home, the Probation Officer or the Case Worker shall prepare and submit a report regarding the necessity and nature of aftercare assistance required by the juvenile, the period of such after care and the supervision thereof. The Superintendent of the After Care

Home in which the juvenile is placed shall submit periodically a detailed progress report on the juvenile to the Director of Social Welfare till the juvenile is reintegrated into the community.

(9) The internal management, functions and responsibilities of the After Care Home and the standards, and nature of services to be maintained by it shall be regulated by the instructions as issued by Government from time to time.

(10) The Government may formulate a comprehensive scheme for After Care.

50. LIBRARY:-

There shall be a library for the stock and issue of books required for the inmates in every Institution. The Deputy Superintendent shall be in charge of the library.

52. RELIGIOUS AND MORAL INSTRUCTION:-

The religious observance of the children shall be duly respected. The selection of moral and religious instructor shall be made by the Superintendent and entrust the duty with the approval of the Director of Social Welfare. The Director of Social Welfare or the Government may remove any moral and religious instructor without assigning any reason and with or without the recommendation of the Superintendent. The religious and moral lectures to children shall be allowed on condition that no proselytizing is carried on under the cloak of religious and moral instruction and that the instructors confine their attention to children of their own faith. The time and date of moral instruction by each moral and religious instructor shall be fixed by the Superintendent concerned.

2.3THEORETICAL FRAMEWORK

STRAIN THEORY

According to strain theory, people engage in crimes as they experience strain or stress, they become upset, and they sometimes engage in crime as a result. They may engage in crime to reduce or escape from the strain they are experiencing. For example, they may engage in violence to end harassment from others, they may steal to reduce financial problems, or they may run away from home to escape abusive parents. They may also engage in crime to seek revenge against those who have wronged them. And they may engage in the crime of illicit drug use to make themselves feel better.

A recent version of strain theory is Robert Agnew's 1992 general strain theory. Agnew's theory draws heavily on previous versions of strain theory, particularly those of Robert Merton, Albert Cohen, Richard Cloward and Lloyd Ohlin, David Greenberg, and Delbert Elliott and associates. Agnew, however, points to certain types of strain not considered in these previous versions and provides a fuller discussion of the conditions under which strain is most likely to lead to crime.

The major types of strain. Agnew describes two general categories of strain that contribute to crime: (1) others prevent you from achieving your goals, and (2) others take things you value or present you with negative or noxious stimuli.

While strain may result from the failure to achieve a variety of goals, Agnew and others focus on the failure to achieve three related goals: money, status/respect, and—for adolescents—autonomy from adults.

Factors influencing the effect of strain on delinquency. Strainful events and conditions make people feel bad. These bad feelings, in turn, create pressure for corrective action. This is especially true of anger and frustration, which energize the individual for action, create a desire for revenge, and lower inhibitions. There are several possible ways to cope with strain and these negative emotions, only some of which involve delinquency. Strain theorists attempt to describe those factors that increase the likelihood of a criminal response.

Among other things, strain is more likely to lead to crime among individuals with poor coping skills and resources. Some individuals are better able to cope with strain legally than others. For example, they have the verbal skills to negotiate with others or the financial resources to hire a lawyer. Related to this, strain is more likely to lead to delinquency among individuals with few conventional social supports. Family, friends, and others often help individuals cope with their problems, providing advice, direct assistance, and emotional support. In doing so, they reduce the likelihood of a criminal response.

Strain is more likely to lead to delinquency when the costs of delinquency are low and the benefits are high; that is, the probability of being caught and punished is low and the rewards of delinquency are high. Finally, strain is more likely to lead to delinquency among individuals who are disposed to delinquency. The individual's disposition to engage in delinquency is influenced by a number of factors. Certain individual traits—like irritability and impulsivity—increase the disposition for delinquency. Another key factor is whether individuals blame their strain on the deliberate behavior of someone else. Finally, individuals are more disposed to delinquency if they hold beliefs that justify delinquency, if they have been exposed to delinquent models, and if they have been reinforced for delinquency in the past (see below).

A variety of factors, then, influence whether individuals respond to strain with delinquency. Unfortunately, there has not been much research on the extent to which these factors condition the impact of strain—and the research that has been done has produced mixed results.

SOCIAL DISORGANISATION THEORY

The leading sociological theories focus on the immediate social environment, like the family, peer group, and school. And they are most concerned with explaining why some individuals are more likely to engage in crime than others. Much recent theoretical work, however, has also focused on the larger social environment, especially the community and the total society. This work usually attempts to explain why some groups—like communities and societies—have higher crime rates than other groups. In doing so, however, this work draws heavily on the central ideas of control, social learning, and strain theories.

Social disorganization theory seeks to explain community differences in crime rates (see Robert Sampson and W. Bryon Groves; Robert Bursik and Harold Grasmick). The theory identifies the characteristics of communities with high crime rates and draws on social control theory to explain why these characteristics contribute to crime.

SOCIAL LEARNING THEORY

According to social learning theory people learn to engage in crime, primarily through their association with others. They are reinforced for crime, they learn beliefs that are favorable to crime, and they are exposed to criminal models. As a consequence, they come to view crime as something that is desirable or at least justifiable in certain situations. The primary version of social learning theory in criminology is that of Ronald Akers and the description that follows draws heavily on his work. Akers's theory, in turn, represents an elaboration of Edwin Sutherland's differential association theory (also see the related work of Albert Bandura in psychology).

According to social learning theory, juveniles learn to engage in crime in the same way they learn to engage in conforming behavior: through association with or exposure to others. Primary or intimate groups like the family and peer group have an especially large impact on what we learn. In fact, association with delinquent friends is the best predictor of delinquency other than prior delinquency. However, one does not have to be in direct contact with others to learn from them; for example, one may learn to engage in violence from observation of others in the media

Most of social learning theory involves a description of the three mechanisms by which individuals learn to engage in crime from these others: differential reinforcement, beliefs, and modeling.

2.4CONCLUSION

Review of literature shows that social and personal factors are vey crucial in mainstreaming the child in conflict with law. Like wise the administrative mechanisms works as a deciding factor in rehabilitation. Theoretical insights throws light in to the fact that more than any biological factor social and psychological factors are predominant in creating the deviant behaviour as a child tries to imitate and inculcate what his/her environment shows them.

CHAPTER III- METHODOLOGY

3.1 TITLE

Children in conflict with law – A case study in the juvenile justice institution at Trivandrum.

3.2 RESEARCH DESIGN

Qualitative

Studies in this field in the context of Kerala is almost nil so the study is explorative and descriptive in nature and hence qualitative for in depth understanding of the factors that predispose children to be in conflict with the law.

3.3 Pilot study

A pilot study was conducted in preparation for the main study. Focus group interview was done prior to the current study. The aim was to refine the methodology using representative sample from the selected population and to improve the effectiveness of data collection tools for the main study.

3.4 universe and unit

3.4.1 Universe: All the children in conflict with law in Kerala

3.4.2. Unit : Each individual child who is in conflict with law forms the unit of study.

3.5 sampling

The present study will be use purposive sampling in order to include respondents from both observation and special homes in Trivandrum. Five respondents each from observation home and special home were selected for the study.

3.6 Sources of data

Study will use both primary and secondary sources for data collection.

3.7 Tools of data collection

Qualitative tools like case study methods using in-depth interview, Focus group discussion and semi-structured interview will be use for data collection. 3.8 Pretest

A pretest was conducted to verify the validity of the tool.

3.9 Data collection

Primary data was collected from ten respondents and secondary sources like books and internet were utilized to supplement the presentation of primary data.

3.10 Data Analysis

Data will be analysed as per the objectives.

3.11 Chapterisation

The present study will have six chapters namely Introduction, Literature review, Methodology, Case presentation, Data analysis, and Findings, suggestions, and conclusion along with Bibliography and Appendix.

3.12 Limitations of the study

Literature regarding the study in the context of India and Kerala are very minimal this made any comparisons impossible with our contexts, Lack of response from the respondents, Due to restricted time and lack of money and other resources study was not able to cover the entire universe though it was minimal so that it could be studied.

CHAPTER IV- CASE PRESENTATION

Case Presentation

case-1

A is a 17 year old boy from a typical lower class family. He has been to this juvenile home for last 3 months following robbery. His family consists of his mother, grandmother, two sisters and a younger brother. They live in a rented house. His father died when he was 6 year old. Earlier they had been living in his father’s family home which they had to leave after partition. His father was an auto driver. After his fathers death his family succumbed into heavy financial crisis. Normally this forced his mother to work. She used to sell food materials and snacks to earn their living. They had to depend on their relatives for many things. A had experienced neglect from all the relatives and they treated him as a inferior, foolish, lazy child. He was alone in his child hood.

A and his brother had to join an orphanage which was run by Karyavottam mosque. He said that he had a better life there. He used to go Karyavattam school those days. He got a friend in that school. She was so close to him. A shared his grief with her. She was so caring and she used to give him sweets every day. She helped him in his studies too. Later it developed into a love. He opened up his mind to her. She informed her father about it and her father complained the orphanage authority . A had to suffer severe punishment and physical torture regarding this issue from the orphanage authority. The authority beat him so badly.

Gradually he developed himself into a rebel. He stood against the authorities and violated every discipline of the institution. He ran away from that orphanage. His family and relatives tried to send him back but he refused. He said that he won’t go even at the cost of his life. So he stayed with his family and continued his schooling. at the age of thirteen he started doing some small business along with the studies. During that time his studies was changed to Thirumala School. It was in order to reduce the long journey and this school is comparatively near to his house. Only things that provide him happiness was his affection towards the pets. He loved them very much. He used to rear many pigeons. He says that his tensions got reduced when he spends time with them.

In the mean time another problem arose in his family, his sister’s marriage. It was almost fixed. But dowry problem arouse the bride groom’s family skipped from it whole of a sudden. They were asking for gold and two lakh rupees. It was impossible for A’s family to make that amount. They were struggling for daily life

A few days later the family moved on to a new rented house. It was near vanjiyoor. His craze for pigeons was getting deeper. He decided to rear some more at his home. Once he asked a few pigeons for price but the price which he offered for them was too low. They refused to sell the pigeons at that price. Then he decided to steal them. This was his first theft. Later uncle helped him to get rid of his difficulties. Uncle gave twenty thousand rupees for buying an Auto rickshaw for his daily bread.

During these days he got many friends. Many of them were having the habit of drinking and drug addiction. A started spending the money for the parties. This increased his contact with the antisocial in that locality. He got a new friend from that peer group. He was an offender. Their friendship flourished and they started to share their feelings. This increased their bond in between and they planned to rob a Duty paid shop. in that case police had no evidence and this altered their continued attempt. the motive behind this was to get money to buy commodities and in their next attempt he was caught red handed and later put into the observation home. He was isolated inn the ‘home’ as well. He was put in single room with loud music playing day and night to prevent any sort thoughts coming into him. He got much irritated and this ultimately induced him to commit suicide which was a failure. Several other factors have also contributed for such an attempt. He was totally imprisoned for two weeks continuously with no contacts to the external world. Physical harassments from the side of the police have also added to several miseries within the prison.

case 2

B is a 17 year old boy who is a resident of the special home for the last one and a half years. He is the second son of his parents. He has an elder sister, Younger Sister and a younger brother. His father had some psychiatric problems which revealed after the marriage. He was an illeterate construction worker. B’s father died when he was eleven years old . It happened due to the septic injury from the work site.

After his father’s death, his mother had to work and earn the money for the family needs. Though relatives of the mothers and fathers family existed, B not received any support. During that time B’s mother got engaged with another man and started living with him. From this relationship B’s mother gave birth to two more kids. The relationship doesn’t last longer. That man left them after a couple of years. Later the condition of the family became worst and miserable.

B was a stubborn child in the school .B completed his primary schooling from Nirakode Govt L.P School. After spending a few days in orphanage B rejoined for schooling in Eloor UP School. He was very aggressive with his school mates. He was addicted to smoking and panmasala. He was not able to read and write. So he left the school. Only the relief was the non schoolmate friends. As the family is going through a struggling time, B had to go to work in an Automobile Workshop. He was getting a very less salary at that time. His friends and other peer group were above his age group. Those people were engaged with various sorts of mal practices like making and selling of spirit and quotation. B grew up hearing than talking. He says that these talks and ideas and their love have influenced him a lot.

Then he started working with small business. He gave parts of his income to his family. He started small theft during this time. One morning he stole a mobile phone from a workshop in muppattadam. It was his first theft. Later the family circumstances made this his solution for financial crisis. Slowly he left small robbery and started big deals like bike robbery and some other crimes. He was admitted to various Observation homes in Eranamkulam and kottayam. He was kept for two months and relieved. B never stopped the theft and he was finally caught by the police for stealing a bike from Ernakulum and appeared before the court and later admitted to the Special home.

The experience in Special home is not satisfactory for him. The rooms resembled like jails. There is no entertainment rather than Watching TV and Playing Cricket in afternoon. The institution provides the vocational training before. But for him, it is a waste. All the vocational training centers are updated. I am not going to weaving my own clothes- he replied. He really believes nothing will change .neither the Police nor the Criminals! He usually talks too much in an loud voice. For him it is the only medicine which keeps his room mates active. No rehabilitation will work on us he concluded with a big loud smile.

Case 3

C is from a typical middleclass family consisting of his father, mother and an elder sister. He was from a Coastal area of Trivandrum. His father was in a military service. He studied up to 8^th standard. Father was very tough and he was very far away from the C, both physically and psychologically. C’s father was in Pune Mother was more attached to her elder sister. The reason for that was daughter’s soft character and brilliance in her academics.

In childhood days C experienced high discipline in the house which was applicable to him only. Being a boy, his father had a good expectation over him. After getting a transfer to the Trivandrum the father took charge the nurturing of C. With this return father identified that his son was very weak in the class. father couldn’t tolerate this. father used to beat him with his belt when he was angry. C says it was so painful and he showed his anger and grief toward his sister and whatever things come in his way.

Mathematics and English was very tough for him. During his high schooldays C had to change his school twice followed by some serious stand with his schoolmates. Father compelled C to join in a Private institution to write SSLC Exam. This institution practiced severe physical torturing techniques in order to increase the Examination results and publishing it to the society through flux. From there C use to get severe beating and when it became intolerable, he attacked back his teacher. Then he was expelled from the Class.

Gradually his relationship with home also decreased. He was totally neglected by his family. To earn his living C joined the construction workers as helper. For 3 months he stayed in his open terrace of his house. In job, he was not well paid. from there he met with a Gangue leader. Gradually that companionship resulted in the joining of C in the quotation gangue. He started working for them. deal was on a basis of partnership.

One day his Boss asked C to hijack money bag from a Private Banker and he did it. That was the first crime he is committed. Years later he was caught by the police but by the time he became one of the prime accused in a Murder case also. Police beat him severely. But he couldn’t tell that in the court. According to him there is a high amount of stigma to the children in Conflict with Law. They are always treated as criminals by the Society.

C is not happy with the Special Home and the only thing that provides happiness is the TV and the Cricket. According to him new changes are happening in the field of Rehabilitation. But it is not working adequately. The main benefit in which the special Home has is the absence of physical torture by the Police. C don’t know what he is going to do after his Punishment.

case 4

D is an 18 year old boy. He is from a rural village in Tamilnadu. He came into the juvenile home followed by murder case.

He is the only child of his parents. D’s father was a chronic alcoholic. He died in an accident when he was seven years old. After his father’s death their life became miserable. His mother did not know any skilled works. She sells tender coconuts. What she earned from it was not enough of to earn his living. D had some difficulty in reading and writing for that he gets severe punishment from his teacher. D is short tempered. He used to punch in walls of class in order to suppress his anger. He quit going to school just because fear of his teacher. His mother sends him to a baker’s as a helper. So at an early age he was put to work in kitchen making chips and biscuits. he silently worked there the entire day. There he met with two boys of his age one was his owner’s son and other was worker like D. these two boys used to tease d on various things. D silently suffered every thing. Once when these boys insulted him and his mother. D too started struggle with them. They pushed D into kitchen. D fell down and was burning with anger. He took a log and beat hardly on their head. Their head started bleeding. D took a knife and stabbed both of them. After that D opened up gas cylinder and tried to burn their bodies. But attempt didn’t work. With this the respondent stopped talking and he said he does not wish to talk any further.

case 5

U is a 16 year old boy from a BPL family. He joined the observation home 3 weeks back. His family consists of father, mother and a younger sister. Father is working as a daily laborer. He is illiterate. Mother was a house wife. The area in which he was living is having a high population of Muslims. Many of them are having good luxurious life as an impact of Gulf money. They never treated him nicely as they belonged to both upper caste and class and he from the scheduled caste. Their lifestyle created inferiority in the mind of U. Some of them from the same age group prevented him to enter into their friend circle. He was often in fight with the other children in the place. He was totally neglected by his neighbors. Reason for their behavior is due the issues made by U’s father in their community. He was marked by the community as the son of the notorious drunkard, which was the greatest insult he ever had.

He quitted the school after 9^th standard as he was not able to study properly. Relationship between his parents was bad. Sometimes his father beat his mother even for silly reasons. His father usually keeps the remaining liquor in the house. Once U spotted that liquor bottle and stated sharing it with his friends. He had a love affair in the school and he use to write letter with his blood. He also marked her name in the right hand inside the love symbol. Main motive behind his love was his lover’s financial background.

Later along his peer group he started going for painting works. For reducing the work impact U started using Pan Masala. His earnings were spending on food, clothing and alcohol. He planned to buy a Bike and he doesn’t have money for that. One of the peer group members advised him to steal a bike and sell it after making it into different engine parts. He also contacted the merchant who takes stolen bikes. He waited for months and at last got the opportunity to steal the bike. He was caught by the police. After reaching the observation home he was totally changed. At first he showed some arrogance towards other inmates .but he is recovering his smile slowly

Case: 6

F is a 16year old boy from a lower class family living in chirayankeezu. He joined this institution 2years back following a murder case. His family consist of his father mother elder brother and a younger sister. Father was a laborer, and was a chronic alcoholic. He always created some sort of violence at home.

He said that he had schooling up to 8^th std. it was tough for him to learn his lessons. He often got punishments from his teachers. They use to beat him severely. Being a below average student it was tough for him to be a prominent figure in his class, so in order to seek attention of his fellow class mates he started doing some sort of mischief. He use to throw comments on his teachers and always tried to muscle with other boys in the class. Slowly he became the strongest person in the school. This gave him the image of a hero in the school.

His village was having a good number of gangsters at that time. For them any thing was possible. They lived a luxurious life and cared none. No body dared to question them or to complain their activities to the legal authorities. F had immense respect for these people. He was fascinated with their activities.

During this time F quit his schooling. He joined for a job in a flower shop. There he found the very first company in his life. The friends were all above his age. He joined the liqueur company of his friends. There he learned to drink and play cards. This company paved his way towards the quotation groups. He became a prominent figure in his locality. Even the local people feared him. Gradually he became busy and left the job in the flower shop. He became a full timer in the quotation group.

F fell in love with his friend’s sister. The members of his quotation group opposed this affair. Then there came a wide gulf between F and his friends. He stopped going for quotation jobs. This made the rivalry severe.

One day they came to attack him. His right hand was seriously injured. He nabbed a knife and paned it towards the many who were trying to attack him. In that mess he stabbed a man and he died on the spot. He was arrested and was imprisoned in the central prison for three years, for he doesn’t have any documents to prove his age. Later he was moved in to the juvenile home. Now his punishment period is coming to an end. But it’s not possible for him to go back to his native place because his life is at threat. Police have tortured him brutally in the prison. Now every thing is getting over. He is not worried any more, and the rehabilitation seems to have worked in F. the greatest of his worries is that he is not skilled in any job. According to him the vocational training here is not modern. No one can earn a single paisa with these training. Then he talked about his two year experience in the special home. He got one younger brother staying in the children’s home near by. He is very charming and handsome. He is the only happiness in F’s life. They used to talk every evening in the play ground.

Some of the children went as a traffic Warden as a part of new rehabilitation programme. “Now I feel some kind of hope”. Due to long stay in the special home and central jail , F is associated with slight mental illness. The juvenile justice board has investigated F’s rehabilitation with the community and the found that reintegration is not possible as the relatives of the deceased are waiting for him to attack back. He has no place to go and do not know any skilled work.

Case 7

E is a sixteen year old boy from a scheduled caste BPL family. He is admitted to this Juvenile institution for the past eight months followed by a murder case. E ‘s family consist of his father, mother and a brother and sister, younger to him. His father works in a explosive making unit . His father was a chronic alchoholic person and he did not cared his family . Most of the days the children have to starve. Father is always in conflict with his mother regarding many issues. These children have witnessed domestic violence to their mother. This created atmosphere of tension always at home. E and his brother had to grow up without much parental care.

After failing in the eighth standard E decided to skip his schooling and went for some jobs. He got job in an electric shop . There he had to work on fixing mikesets and the sound systems . He bought a mobile phone with his own earnings. Nobody was there was to support him . One of his friends give him a mobile number of a woman .Later his mobile memory was flooded with porno graphic videos and numbers . He said that he had some girlfriends which he got through phone calls and used to spend a lot of time with them through phone. They usually exchange words tinched with sexuality.

E’s companies and friends were elder than his age. This company taught him drinking and smoking . Very soon E became a heavy alchholic consumer. It became a part of his routine. One night after drinking alchhol heavily , he was walking back to home . He said he was totally out of his sensus.; He saw a woman lying on a shop varandha. E approached the lady and attempted a rape . During this the lady died and E was taken into custody.

After the kick of the alchohol was over E realized that the lady in which he attempted the rape was an old one. He was totally shattered. Even now he has the anxiety of facing his community again. He is planning to go to a place which nobody would recognize him . But he realized that he has poor life skills. So no one will give him a job., Rehabitation in the observation home was not adequate. No other engagement are given to the immates of observation homes. E feels is the real punishment for a crime is simply keeping them sitting.

He was planning not to go to his own community and he was waiting for his release. He was in a great agony about his crime and no one came forward for his release. In the midst of his depression he was waiting for his new life to start.

case 8

X is a seventeen year old boy from Perurkada . His family consisted of his mother and an aunty. X’s mother is his father’s second marriage.His father have another son in the first marriage. Father was a retired Bank Manager. The condition of his family become worst with his father’s death. Till then father looked after his family . After his death the family become bank rupt. Father had lended huge amount of money for his late first wife’s treatment .

X’s mother had to sell the house and the land to compensate the borrowed money . X is not in good terms with his father’s elder son . Brother accused X and his mother for playing tricks with his father and exploiting his wealth. He often make quarrels with X. This quarrel sometimes leads to physical assult. It was painful for X to have a such cruelty from his brother.

Gradually X started to resist against his brother. X’s mother was forced with sell their own house and stay in a rented house. They did not had a steady income. Life was getting tough. They did not have money even to meet their daily needs. X was just thirteen years then. He went for some small jobs and continued his studies. He have a good drive in his mind to become wealthy like his brother;. He earned lot of friends where he went to work. They used to group together every evening for drinking alcohol.

X had immense love for pets. One of his friends had a dog in his house. It was very much in company with X. He requested his friend to give him but refused. He did not have even money to buy one. So he steal that dog and that was the first theft in his life.

That issue was soon a talk in his area and he was named as thief in public. Due to this reason they had to leave the rented house to another one. He had another craze that was to rear pigeons. Inorder to buy Pigeons, he sold his cycle to his friend and bought some Pigeons. He was in company with the new house owner’s son. He was a drug addict. X witnessed the murder of house owner’s son . That incident created many psychological problems in him.

According to his Uncle’s interest they again shifted their house to Panakkra, which is a worst area. There too X had a lot of friends. They were elder to X. He got a company of a friend, who is older than his mother. Gradually he became a member of Quatation team. With the help of his friend, who is a member of the team X is alleged to have broken open to residential building , committed theft of valuable articles and money .

The life in the observation home was a mess for X. From his description the treatment of the police was really inhuman. They were hanged upside down and beaten below the feet. Chilly powder was rubbed over his eyes and pennies. This made him physically weak. X is now waiting for a chance to escape from the observation home.

Case 9

K is a fourteen year old boy from a low income family. He is the only child to his parents. His father is an unskilled labourer. He is doing works like wood cutting, coconut climbing etc. K’s mother is a labourer in the near by Rubber plantation.

Even though K had been going to school till eighth standard. But it is only for the midday meal. He can’t read out the letters. He tried his best but he could not succeed. Sometimes K has not given money to buy pencils, books and sweets. Even though, being their only son, K was severely punished even for small mistakes. In schools he used to sit in last benches in afraid of teachers asking questions.

Then he quitted his schooling and went to rubber tapping. One day one of his peer group members called him to play cricket. But during the play they lose their ball. They sit together near the donation box and one of his friend compelled K for stealing from the donation box. At first he was not willing to do that. During this attempt they were caught by the villagers hand over K and his friends to the Police.

This created high agony in him and he is still in a depressed mood. He showed less interest to his peer members and talked less to them. He was sitting alone in his cot. He says his mother never forgive him and he was going to die.

During the days in the observation home , he realized that his friend has already made several attempts to steal and he kept that money inside a pit near his house. Police found the money and they are suspecting K’s involvement in the earlier attempt. He is not getting anyone to talk to. He believes that his mother would come with an advocate.

Case 10

V is an eighteen old year boy from a low income family consisting of his father and a brother, who is elder to V. His mother had died 3 years ago. After the death of mother the family was shattered. V’s father is working as an unskilled laborer. After the death of his spouse, he started staying in his sister’s family. He gradually lost his parental control over children. The elder brother of V went to Tamil Nadu for work.

This makes V to stay alone in his house. He got no one to talk with or to share his feelings . This created depression in V’s character. He thought that the only way to get friends and relatives is to become rich. He was very much attracted to valuable commodities. He know that he had no money to buy these things. This forced him to do robbery. At first he was not caught by the Police.

But later he was admitted to the special home. During his stay in the special home he was trained in the carpentry as a part of the vocation rehabilitation provided by Juvenile Justice institution. According to the counselor who dealt with V, diagnosed conduct disorder in him. This disorder forced V to commit more robberies.

INTERVIEW WITH PROBATIONAL OFFICER

Duties of probation officer is to make social investigation of the child in conflict with law through personal interview, from the family, social agencies, and other sources and send references to concerned officers/agencies clarifying problems of child dealing with their difficulties in institutional life. S/he shall participate in orientation, classification, education, vocational, and rehabilitation programme. According to him he is a person responsible to develop contacts with family of children in conflict with law and providing assistance to the family members. He also conduct counseling and case reports.

Rehabilitation and social integration in juvenile justice institution in three ways. According to this government shall recognize government. Homes as adoption agencies for in-country adoption. Another one in foster care in the case of children above the age of 7 years. And who is willing to stay with foster parent. May be desirous of giving foster case. And another option in the sponsor ship. Sponsorship considered to supplement the resources of child and his/her parent or guardian so as to support efforts to re integrate the child into the community and finance his/her education, vocational training, health care etc to supplement family income to encourage parent or guardian to fulfill their responsibility of the child.

Usually the children upto the age 7 is not taken for any punishment in the court. (IPC 87). So most of the children that coming to the institution was above 7 years. Most of the inmates are in the age groups of (14-16). Most of the people are not ready to take up there children. For adoption, poster case and sponsorship.

Government have established after care institution but they are not working property. Recently the mind set of the rehabilitation programme leave changed. According to Act 67 to ensure the best interest of the children, the mobilization human, material, financial resources shall be made. This act 67 promotes linkages with other voluntary participation of reputed non governmental organizations, social workers, community health centers retired teachers etc shall be encouraged for the service deliveries.

Section 63 days that the government shall appoint juvenile police unit at each district and selected cities and one police officer in every police station may be designated as child welfare officer. But the special juvenile police unit is not working property no such meetings of the members of is convening to review the functions regularly submit a detailed monthly action take report to the juvenile justice board.

For a child who is coming to the institution have to go through three main gates to enter the institution. This would create the ambience of a prison to the child. Many of the vocational training courses offered here like weaving etc printing, carpentry etc. So now the juvenile justice board and the social work department implementing a new rehabilitation programme outside the institution. Some of the inmates are trained by the Kerala Police as traffic warden and they are on the move now. But the actual situation in the programme was different. Many most of them quitted the job. The inmates are not given any interest in that project of rehabilitation

So in order to mainstream the inmates, they have to be trained first inside the institution . Most of the children in the observation home remain there for three months. But for them ,the rehabilitation process should be focuses to short tem vocational courses like DTP, Photoshop etc.

The most of the inmates are marginalized and victimized and they are very inferior too. Effort shall be made to provide the children at all stages of proceeding with necessary assistance in order to facilitate the rehabilitation process. Volunteers local organizations and other community resources shall be called upon to contribute effectively to rehabilitation of juvenile in the community setting and as far as possible, with in family unit.

.

CHAPTER V –

DATA ANALYSIS AND INTERPRETATION

ANALYSIS

To understand and describe the concept of ‘children in conflict with law’.

The general understanding that could be inferred about children in conflict with law is that more than biological factors social and psychological factors play the key role in creating tendencies towards offending among children. The major factors that are responsible for the same includes uncertain economic condition, lack of parental care particularly absence of father, adolescent issues and lack of proper guidance, peer group influence, influence of the simulations created by the modern market – especially via technological aids. Due to the in appropriate mechanisms and implementation rehabilitative efforts are found to be in-adequate and outdated to re-integrate the child. It is found that sometimes the authorities adopts inhuman punishment methods to control the child but this makes them more depleted and increases the tendencies of offending, particularly to take revenge on the society which is not ready to include them.

Socio economic profile of Children in conflict with law.

The socio economic profile of the respondents give the researcher new insights. From the ten respondents in which researcher took the data, majority are from the age group of 14-18. According to the ministry of women and child development, the juvenile crime is increasing in our country and most of the crimes may be attributed to the inclusion of boys aged 16-18 years. The fact remain that the rate of juvenile crimes is fairly high and more in 16-18 category are coming in conflict with law. According to Ganong and Coleman adolescent children were generally found to exhibit more externalizing behaviour. Majority of the cases taken up for the study proves this fact as almost 90% of the respondents shows such behavioral patterns. The economic back ground that they are coming too has a significant impact over the molding of these children as it could be seen from the respondents who hails from economically depleted families which has created in them a greed for making money by any means.

Children conflict with law are the products of broken families strained family relations and most of them don’t have their fathers with them either deceased or deserted. This has made these boys either responsible for the entire economic problems of the house hold or estranged to the entire situation.

The study has also revealed that all the respondents are dropouts from schools and have some sort of learning disabilities in them. This has also created an inferiority complex and a feeling of negligence which among a few has resulted in depressive attitudes. In order to overcome the inferiority complex most of the respondents have resorted to becoming rich in order to get an attention in the society and be liked by all.

Factors behind the children in conflict with law

Coming to the peer group pressure, according to Adler and Adler (1998) peer group pressure is other people’s influence including friends on an individual’s life even if the individual doesn’t realize it. Friends provide children with means of entertainment, source of feed back, a feeling of belonging and a foundation of identity. This is very true as per the study as almost all the respondents have turned in to criminal attitudes and means of living through their peer group interaction mostly with people who are above their age. Presently both the authorities and the children are scared of going back to the place from where they came as they fear the same peer group either to take vengeance or even more to destroy them. According to Kuper Midst and Dodge, who states that in the case of children with deviant behaviour and antisocial tendencies, rule braking is often the common ground activity that promotes friendship development. These children being the products of unhappy family life resort to such peer groups for the satisfaction of their economic as well as emotional needs.

Substance abuse is another personal factor attributed to the respondents. Most of them are addicted to smoking and drinking. According to Zigler Kagan and Hall (1996) the risk factor for drug use by children can be classified by three variables namely family, individual, and community variable. Family variable include Family alcohol drug behavior with in the family. For the most of the observants are belonging to the individual variable and are charectarised with lack of social skills, low self-esteem, low sense of self efficiency and aggressiveness. About eight of the respondents are alcoholic and they have transformed their individual variable to community variable (low sense of cohesiveness with community).

Individual who has poor life skills cannot deal with internal and external pressure. Most of the respondents have poor life skills and they are depressed due to this. Zigler and Queloz (1996) states that most crucial aspect of child’s social development involves the child’s family. In the case of the respondents most of them are from broken family, women head family,. due to this their attitude regarding their self significance becomes very low. According to Karen (1995) violence or acts close to it, gives one sense of counting of mattering and of power. This in turn given individual sense of significance. It is the lack of this sense of significance and struggle for that underlies much violence.

According to Benedek and Brown the individual who develop the individual who develop self-esteem as children became adults who are able to manage and take charge of their lives. They will not rely on other people and want to do anything just to be accepted by peers. From the data given by the respondents they are in their present stage due to their actions prompted by their peer group. This influence is also due to the less positioning of self-esteem.

The family factor refers to two or more individual who depend on each other for emotional, physical, and financial support. Inside that family parenting place an important role. According to Can (2000) good parenting provide a warm, secure home life helping the child to learn the rules of life and to develop good self-esteem. In the present study some the respondents have felt parental negligence ill treatment of family members torturing in the name of discipline and emotional distancing.

Another factor is the divorce and absence of father. According to Karen boys who have the opportunity with their father at an early stage and thus grow up with a positive model are less likely to need to prove themselves to other or to themselves. The cases 1,2,4 and 8 committed the offence after the death of their father. According to Benedik and Brown (1995) boys in homes when father is absent may be less competitive, less interested in sports and more aggressive. Moreover this boys may perform less at school and be more difficult to discipline.

Single parenting is another factor identified. Cases 1,2,4, and 8 have experience d single parenting. Benedik and Brown States that the children’s development of a healthy self image and the ability form stable, loving relationship with others as they grow up depend on having continued access to the important attachment figures in their life- mother and father. In most of the cases children witnessed domestic violence inside the house and many of them never felt that their parents care for them. In the case of step-parenting (case 2), the impact of step-parenting, they started their delinquent behaviour after their mother was married to another person. Studies reveals that when the step-parents have no control over the children then they can go out and engage in deviant behaviour.

U.S. senate (1973) stated that any act of commission or omission by individual, institution or society as an whole and any condition resulting from such acts or in action which deprive children of equal rights and liberties and for interfere with their optional development constitute abuse or neglectful conditions. All of the respondents have experienced neglect

Karen add that low socio- economic status is far more potent risk factor for violence than it is generally recognized.

Researcher found that the poverty is the basic cause of their behaviour. Belonging to low income family, working parents with less salary etc resulted in the child delinquent behaviour. Community has a major role in individual behavior. Zigler Etal (1993) observe that children who are chronically exposed to high level of environment experience antisocial behaviour. Stanhop and Lan Caster (2000) state that smoking among teens has risen steadily since 1990s and that tobacco is considered a gateway drug to other substance and high risk behaviour. From the data the researcher noted that among the ten respondents 8 of them having a habit of drinking and smoking. Labeling and rejection of the community prevents the reintegration of children in conflict with law in to the society. The government re habilitation programme in the juvenile justice institutions of Kerala failed due to de stigmatization. Every children in conflict with is attached to stigma and many of them are not ready to give them job, this forced the child to repeat the offence. Respondents suffered physical tortured from the police according to their sharing.

The children who cannot perform well under pressure condition at school. In the case of these respondents their family condition, economic uncertainties, and absence of parental care puts them in pressure.

Rehabilitation Mechanism and its effectiveness in juvenile justice institutions.

Juvenile justice Act laid special emphasis on rehabilitation and social integration of children and has provided for the institutional and non-institutional measures for care and protection of children. The non institutional alternatives include adoption, foster care, sponsorship and after care. The act also envisages a system of partnership with local communities and local governments to implement the legislations. Adoption is the process through which the adopted child is permanently separated from his/her biological parents and becomes the legitimate child of his adoptive parents with all rights and privileges and responsibilities that are attached to the relationships.

According to the amendment 2000 the state government shall recognize one or more of its institutions or voluntary organizations in each districts as specialized adoption agencies for the placement of orphans, abandoned, surrendered children for adoption.

In the case of children above seven years and who is willing to stay with a relative of his/her family and if that family is also willing to take the child on foster care, the childe can be released from the home and placed under the foster care of his relative family. In deserving cases the competent authority can relax any of the above conditions as regard to the selection of foster parents considering the best interest of the child.

Sponsorship services shall be considered to supplement the resources of the child and his/her parents or guardian so as to support effort to re integrate the child in to community and finance his/her education, vocational training, health care etc. or to supplement the family income to encourage parent or guardian to fulfill their responsibility to the child.

The government shall establish after care organizations to take care of juveniles or children in conflict with law after they leave special homes.

Due to the issues like stigmatization, pre-occupation regarding children in special homes it seems that no body comes forward to adopt or foster care a child from special home. Since they have learning disabilities the sponsorship programmes are also not effective.

After care organizations are normally intend for orphans but from the study it seems that majority of them are non- orphans and they could not be taken to such organizations.

Juvenile justice institution provides rehabilitation programmes for both special homes and observation homes. In special home the rehabilitation process can be implemented effectively as the inmates sentenced for a considerably long duration (up to 3 years). Vocational training is an effective method of rehabilitation, but the existing mode of vocational training are inadequate to cater the job aspirations of the inmates since it depends on old methods and disinterest of authorities.

With all these provisions existing within the special homes/observation home the respondents have a different story to speak. There is a mixed response of the attitude of the authorities towards them but all of them agree to the fact that they are considered as criminals who will not make any good for the society. Some have even faced with very inhuman punishments as they claim that “we were punished so as we are coming from poor families”.

A majority of them opines that the existing rehabilitation within the system is traditional and outdated and are not useful for making a living out of those skills that are taught within the ‘homes’.

The concept of ‘traffic warden’ has been introduced for bringing a different atmosphere for the children but the authorities are of the opinion that the children were interested for a few days but later on they showed no interest in it.

CHAPTER VI- FINDINGS, SUGGESTIONS AND CONCLUSION

To analyze the socio-economic profile of children in conflict with law.

· All the respondents are from low income group and experienced an uncertainty in income

· All of them lacks paternal care

· All of them have a strained family back ground

To describe factors behind children in conflict with law.

· Personal factors: This includes peer group pressure, substance abuse such as alcoholism and drugs, low self-esteem, aggressive behaviour.

· Family factors: Divorce, lack of parental discipline and guidance, step parenting. Father modeling deviant behaviour,

· Community factors: Community with high level of violence for some of the respondents, labeling children, stigmatization, rejection from friends and society.

· Police service factor: Inhuman torturing, unsincere attitude

· Educational factor: Absence of system to identify problem children, children expelled from children were not given an alternative

· Negative influence by the simulations of modern marketism

To understand rehabilitation mechanism and its effectiveness in juvenile justice institutions

· In appropriate and out dated rehabilitative mechanisms

· Due to stigmatization and pre occupation of society none functioning of non institutional rehabilitation.

· Rehabilitation is inducing some changes over the children but once they are out of the homes the same environment which made them deviants awaits out side, this nullify the rehabilitative efforts.

SUGGESTIONS

· There should be a mechanism to treat the school drop outs to ensure that they are not becoming antisocial.

· There should be an induction mechanism in special homes otherwise it is found that they are not able to find meaning in what is happening inside.

· The authorities who are in charge of rehabilitation should be professionally trained this could avoid the mechanical implementation of rehabilitation.

· There should be some alternative rehabilitative mechanisms in observation homes which house these children for a vey short time period. Thus the rehabilitative programmes in these homes should be catering and fulfilling the short time period so that it would be having an effective impact over these children.

·

Conclusion

Children in any society are considered to be the creators of the future of that society. These children who came into conflict with law have gone through different life experiences and situations which are unlike in the cases for other children in the mainstream society. Mostly dropouts, they hail from poor socio- economic background and are the products of unhappy family and society. Most of them are born in to economically unstable and educationally backward families were most often the parental relations are strained. When they do not have a sound family to relay upon they go in search of and depend on other members in the society who influence them in many ways and in most cases have a negative over them. They associate with people who are above their age and other peers who lead a luxurious life through unlawful means and have undesirable habits. From this one could easily conclude that the theory of Social Learning is very true with these children. The Social disorganization theory also stands valid as the larger social environment, community and their families have a very strong influence in the making of these child deviants. The tendency to acquire more money and increase their standard of living are all examples of this .As in the case of any crime, more than the biological factors the social, economic and psychological factors contribute to the deviant tendency in any individual. There is high level of stigmatization in the society for these children, and they fear of going back to their place of origin as they say that the society would be the same even if they change for the better. The reformative mechanisms that are adopted within these corrective homes have been found to be outdated and not useful for making a decent living in the present day society. The short duration of the period of punishment could be effectively utilized by implementing the relevant courses which are short spanned and would facilitate them to pick up a job later on.

Humane means of treatment and better counseling practices within theses ‘homes’ would create a significant impact over these children. Instead further treatment of these children as criminals would worsen the situation and create a self- esteem within them which is not desirable for the child as an individual and society as a whole.

BIBILIOGRAPHY

BIBILIOGRAPHY

Human Behaviour and law enforcement.James Vada Ckumchery and John Kattakayam. Ashish publications Delhi

Kerala State inputs to the third India country Report to the convention on the rights of the child-1989

Breaking rules: children in conflict with law and the juvenile process. Published by the save the children UK

HAND BOOK TO JUVENILE JUSTICE FUNCTIONARIES 3^rd edition

THE KERALA JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN RULES 2003)

Improving the protection of children in conflict with Law in South Asia. UNICEF. Regional parliamentary guide N.I 2007

Anastas, JW. 1999. Research design for social work and the human services. New York, Columbia: University Press.

Atkinson, P, Coffey, A & Delamont, S. 2003. Key themes in qualitative research: continuities and change. New York: Altamira Press.

Babbie, E & Mouton, J. 2001. The practice of social research. Cape Town: Oxford University Press.

Adler, PA & Adler, PA. 1998. Peer power: pre-adolescent culture and identity. Rutgers: University Press.

Benedek, EP & Brown, CF. 1995. How to help your child overcome your divorce. Washington, DC: American Psychiatric Press.

Berger, M & Jurkovic, GJ. 1994. Practicing family therapy in diverse settings. Englewood Cliffs, NJ: Aronson.

Boyden, J & Holden, P. 1991. Children of the cities. San Francisco: Guilford & King's Lyn..

Botes, A. 1994. A model for research in nursing. Unpublished doctoral thesis. Johannesburg: Rand Afrikaans University.

Burns, N & Grove, SK. 1997. The practice of nursfag research: conduct, critique and utilization. Third edition. Philadelphia: Saunders.

iarlesworth, R. 2000. Disciplinary styles affecting behavior: understanding child development. New York: Delmar.

Collins English Dictionary. 1991 Third edition. Glasgow: HarperCollins.

Crawford, A & Newburn, T. 2003. Youth offending and restorative justice: implementing reform in youth justice. New York: Culmcott House.

De Vos, AS. 1998. Research at grass roots: a primer for the caring professtons. Pretoria: Van Schaik.

Carr, H. 2000. Family therapy: concepts, process and practice. New York: Wiley.

De Vos, AS, Strydom H, Fouche, CB & Delport, CSL. 2002. Research at grass roots: for the social sciences and human service professions. Paarl: Van Schaik.

Fiouri, E. 2005. Fathering and chik} outcomes. London: Wiley.

G^nong, HL & Coleman, M. 2004. Stepfamily relationships: development, dynamics and ^^/interventions. New York: Kluwer Academic.

Cresswell, JW. 1998. Research design: qualitative and'quantitative approaches. London: Sage.

Griffin, BS. 1993a. Juvenile delinquency in perspective. New York: Harper and Row,

Griffin, C. 1993b. Representations of youth: the study of youth and adolescence in Britain and America. Cambridge, England: Polity.

Grunsel, A. 1990. Let's talk about stepfamilies. London: Aladdin Books.

à Human Rights Watch World Report. 2001. Children in conflict with the law. New York: UN.

Human Sciences Research Council. 2003. The state of children in Gauteng: a report for the Office ofifie Premier. Pretoria: HSRC.

Harvey, JH & Fine, MA. 2004. Children of divorce: stories of loss and growth. Englewood Cliffs, NJ: Lawrence Eribaum.

Karen, LK. 1995. Vblent children: contemporary world issues. Philadelphia: Library of Congress Cataloging-in-Publication.

Krefting, L. 1991. Rigor in qualitative research: the assessment of trustworthiness. Journal of Occupational Therapy45(3}:214-222.

Lincoln, YS & Guba, EG. 1986. Naturalistic inquiry. Newbury Park: Sage.

Marlow, C & Boone, S. 2005. Research methods for generalist social work. Belmont, CA: Wadsworth.

Office of the State President. 2001. Children in 2001: Report on the State of the Nation's Children. National Programme of Action. Pretoria: Government Printer.

Oxford Dictionary. 2002. New York. University Press.

Polit, DF & Beck, CT. 2004. Nursing research: principles and methods. 7th edition. Philadelphia: Lippincott.

Patton, MQ. 2002. How to use qualitative methods in evaluation. Newbury Park: Sage.

Parry-Jones, WLL & Queloz, N. 1991. Mental health and deviance in inner cities. Geneva: University of Naples.

Brink, PJ & Wood, MJ. 1998. Advanced designs in nursing research. 2nd edition. Thousand Oaks: Sage

Kupersmidt, JB & Dodge, KA. 2004. Children's peer relations: from development to intervention. Washington, DC: American Psychological Association.

APPENDIX

APPENDIX

TOOLS USED

INTERVIEW GUIDE FOR THE RESPONDENTS

· Details about family members

· Relationship with parents and siblings

· Occupation and economic status(family)

· Schooling (respondent)

· Education (respondent and family members)

· Friendships and other relationships

· Peer group activities/ play/ hobbies/ pressure

· Details of crime(motive)

· Factors behind planning the crime

· Attitude of police

· Opinion about training/ rehabilitation

CHECK LIST

SEMI- STRUCTURED INTERVIEW GUIDE FOR PROBATIONARY OFFICER

· Duties of probationary officer

· Guide for probationary officer

· Details of rehabilitation process

· Special strategies adopted

· Effectiveness of rehabilitation

· Rehabilitation inside/ outside the special, observation home

· Limitations of rehabilitation programme