Palgrave Advances in Criminology and Criminal Justice in Asia

Series Editors Bill Hebenton Criminology & Criminal Justice University of Manchester Manchester, UK

Susyan Jou School of Criminology National Taipei University Taipei, Taiwan

Lennon Y. C. Chang School of Social Sciences Monash University Melbourne, Australia This bold and innovative series provides a much needed intellectual space for global scholars to showcase criminological scholarship in and on Asia. Reflecting upon the broad variety of methodological traditions in Asia, the series aims to create a greater multi-directional, cross-national under- standing between Eastern and Western scholars and enhance the field of comparative criminology. The series welcomes contributions across all aspects of criminology and criminal justice as well as interdisciplinary studies in sociology, law, crime science and psychology, which cover the wider Asia region including China, Hong Kong, India, Japan, Korea, Macao, Malaysia, Pakistan, Singapore, Taiwan, Thailand and Vietnam.

More information about this series at http://www.palgrave.com/gp/series/14719 Saju Parackal • Rita Panicker Children and Crime in India Causes, Narratives and Interventions Saju Parackal Rita Panicker Butterflies Butterflies New Delhi, India New Delhi, India

Palgrave Advances in Criminology and Criminal Justice in Asia ISBN 978-3-030-16588-8 ISBN 978-3-030-16589-5 (eBook) https://doi.org/10.1007/978-3-030-16589-5

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Cover illustration: Alamy ACTG0F

This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland Preface

The book—Children and Crime in India—is being published at a time when the nation is seriously contemplating the strengthening of its Juvenile Justice System in order to prevent children from getting on the wrong side of the law. Research has shown that the breaking of rules is part of the growth and development of children. Even under normal circumstances, most teens push family and societal boundaries. They retort, break rules, have fights and sometimes steal as they navigate into adulthood. Data show that most adolescent criminal behaviour is specific to adolescence period and will not continue into adulthood. Most adolescents will outgrow deviant behaviour, in much the same way as a toddler outgrows temper tantrums. The National Crime Records Bureau (NCRB) statistics of 2014 records that 482,30 children were apprehended during this period, accounting for 1.2% of the overall crimes in India, which has remained broadly steady for the past three years (NCRB, 2014). This is almost half the rate of those arrested in the UK and the USA. Given such a low level of par- ticipation of children in offences, they should not be viewed as creating a moral panic in society, as reflected in newspapers, videos and television. The central question that this book tries to answer is: What really pushes or pulls these children into the wrong side of the law? There is general agreement that behaviour, including anti-social and deviant behaviour, is the result of a complex interplay of individual and v vi Preface

environmental factors, beginning during foetal development and con- tinuing throughout life (Bock & Goode, 1996). It is generally perceived and recognized that the more risk factors a child or adolescent experiences, the higher their propensity for deviant behaviour. However, many children reach adulthood without any involvement in serious deviant or anti-social behavior, even in the face of multiple risks. Failure to fulfil the roles expected of the family, school and community plays a pivotal role in diverting children from law-abiding lives. Many teenagers lack the presence of positive role models. Parents will often defend their children, even after their sons or daughters have been found guilty of serious crimes, by saying, “It’s not possible that my kid could have done such a terrible thing.” Parents may tend to overlook what is going on with their children because of their absorption in their own busy lives. This undoubtedly has a negative impact on the life of a young child, in particular the way they act on a daily basis. Values, attitudes and beliefs learned from one’s environment also determines his or her behaviour. Most of the children in the detention centres are from a background of abject poverty and vulnerabilities, and may have learned, or come to believe, that aggression is a legitimate method to resolve various interper- sonal problems and conflicts encountered in life. Research on the peculiarities of adolescence describes that their brains are like cars without brakes. They are rebellious, reckless, short-term- oriented, and tragically susceptible to peer pressure. They tend to roam in groups, display attitudes of gang culture, and they may engage in extreme behaviours that they might never have undertaken on their own. This phenomenon is the result of what has been called a “diffusion of responsibility.” In a crowd, individuals often abandon restraint and give vent to impulses because no one feels a sense of individually responsibility. They are impetuous and poor judges of many things that adults consider wor- thy of measured judgment. Neuroscientists rationalize this behaviour by stating that their brains are not completely developed, and their impulse control mechanisms are not fully developed. The stories of children cited in the book explain that environmental factors, particularly family, school, peers and community, play a crucial role in their engagement with deviant behaviour. It makes an appeal that children should be viewed not as a dangerous threat but as the most Preface vii

valuable resource of the country. The punitive strategy may not be the best and appropriate option; there should instead be a focus on restor- ative justice, which has been found to be effective and beneficial to children. Furthermore, a strengthening of families by promoting harmony in the family and enhancing parenting skills would lay the foundation for any preventive measures that ensures children do not get into deviant behaviours. The chapters in the book have been divided into four distinct sections. The first section, which contains Chap. 1—the introductory chapter, sets the stage of the study by describing the context and methodology adopted for the study. The second section, consisting of three chapters (Chaps.2 , 3 and 4), explains in detail the push and pull factors that influence them and lead them to be in conflict with the law. The third section, Chap. 5, examines the juvenile justice system and explores what approaches work in terms of treating the children involved in crimes and what is effective in preventing reoffending. The final section—Chap.6 —summarizes the main conclusions of the study and identifies future directions for viewing and treating children as persons.

New Delhi, India Rita Panicker Saju Parackal

Reference

Bock, G.R., & Goode, J.A., eds. (1996). Genetics of criminal and antisocial behavior. Chichester: Wiley. Acknowledgements

Writing these words of gratitude is the greatest thing that we can do at the end of this long journey. Reaching this point was not easy. There were stages in the process of this research when we were excited and stressed. Nevertheless, we were able to overcome these and to endure in our effort with the encouragement of many who have, either directly or indirectly, extended their support to us. We thank each and every one of them who journeyed with us all along this endeavour, either visibly or invisibly. We sincerely thank our publishers Palgrave Macmillan and our funders ChildHope, Comic Relief and Misereor, without whose support this endeavour would not have been possible. We are deeply indebted to the Department of Social Justice, Kerala, the Department of Social Defence, Tamil Nadu, Mr Arun Mathur, Chairperson, Ms Mamta Sahai, Member State Commissions for Protection of Child Rights, Delhi and State Commission for Protection of Child Rights, Orissa for granting us the required permission for undertaking the study among children and officials in various juvenile justice institutions. We remember, with the utmost gratitude, superintendents and officials of various juvenile justice institutions, probation officers and juvenile justice members of the four states under study, who were a great source of inspiration and support in undertaking our research. Their experiential inputs made significant contributions at the various stages of our study. ix x Acknowledgements

We also thank Mr S. Kannayiram, Probation Officer (Retd), Tamil Nadu, Mr Subrat Kumar Sahoo, Programme Officer, Open Learning System, Orissa and Mr Rajeesh. S, Researcher, Butterflies Delhi who interacted and interviewed the children and collected the information and stories behind the children’s lives in juvenile justice institutions. A special note of thanks should be extended to Ms Josephine Taylor for her support in helping us get this book out and Mr Sujay Joseph for his support in copy-editing. Finally, we cannot conclude our acknowledgements without thanking the children (whose names and identities have been changed) in various detention centres in the states under study, who confided in us and shared their life experiences and stories with us which formed the central body of knowledge for this study. We have the children’s permission to tell their stories.

Rita Panicker Saju Parackal Contents

1 The Context 1

2 The Socio-economic Profile of Children in Conflict with the Law 21

3 The Nature of Offences and Culpability 47

4 Factors Predisposing Children to Offences 93

5 The Juvenile Justice System: A Pathway for the Restoration of Children in Conflict with the Law 199

6 Summary and Conclusions 233

Glossary 243

Index 247

xi Abbreviations

BSCC Butterflies School of Culinary and Catering CCL Children in Conflict with Law CCPR Covenant on Civil Political Rights CNCP Children in Need of Care and Protection CRC Committee on the Rights of the Child CWC Child Welfare Committee DCPCR Delhi Commission for Protection of Child Rights DDA Delhi Development Authority ECHO Empowerment of Children and Human Rights Organization FFT Functional Family Therapy HSBP FIR Harmful Sexual Behaviour Project First Information Report IPC Indian Penal Code IRCS Intensive Rehabilitative Custody and Supervision JJB Juvenile Justice Board MTFC Multi-Dimensional Treatment Foster Care NCRB National Crime Records Bureau NCT National Capital Territory NLU National Law University OH Observation home OJJDP Office of Juvenile Justice and Delinquency Prevention PMS Probation and Mediation Service PO Probation officer SC Scheduled Caste

xiii xiv Abbreviations

SH Special home SLL Special Local Laws UNCRC United Nations Convention on the Rights of the Child YCJA Youth Criminal Justice Act YJA Youth Justice Act YRO Youth Rehabilitation Order List of Tables

Table 2.1 Age-wise distribution of children in detention centres 23 Table 2.2 Place of residence 26 Table 2.3 Educational status of children 28 Table 2.4 Education of the parents 32 Table 2.5 Parental custody 35 Table 2.6 Marital status of parents 36 Table 3.1 Nature of offences—state-wise 51 Table 3.2 Distribution of major IPC crimes by children as per NCRB report in states under study 53 Table 3.3 Motive for the commission of offences 73 Table 3.4 Age of first commission of offence 77 Table 3.5 Recidivism among the children in detention centres 79 Table 4.1 Parental involvement in children’s lives 104 Table 4.2 Parental conflict & disciplining 110 Table 4.3 Family disruptions 136