ABSTRACT:
The eternity of the society is within the hands of the Children who are ought to have a top awareness of development planning, research and welfare. However, due to the indifference of our society in all the told spheres, these future stakeholders don‟t seem to be brought up properly which ends up in juvenile delinquency. Currently, juvenile crimes are increasing day by day. Juvenile delinquency is an alarming problem inflicting a supply of concern all over the globe. Most of the countries have developed a strong juvenile justice system to agitate child offenders. Being a developing country India tries to modify the arena of children. The juvenile problems are given due attention and related issues are being discussed at numerous forums. Despite the Constitutional efforts via Special National Policies some Indian kids still live without a cared, protected and meaningful childhood. A decent number of our children on account of socio-economic reasons have added themselves to the list of delinquent child. The question of providing correct protection and care to the children of such a massive number may be a humongous challenge. The entire notion of the juvenile system is not as tranquil as it appears but it’s multi-dimensional bringing along its side several complications. This paper attempts to appear via the lens and analyse the Social Aspects of Juvenile Delinquency and judicial strategies of the same with special reference to terrorism and technology.
KEYWORDS: Juvenile justice system, Child delinquency, cyber terrorism, juvenile behaviour, technological impact.
I. INTRODUCTION
The future of a nation lies in the upbringing of its young. The sustainable development goals for the development of a nation have also established the goal for the protection of the children community. The gradual development of the nation has also made people connect more than ever through Technology. Children are not an exception to this. It is no awe that a child knowing to operate highly technical devices through knowledge platforms. This is on one hand shows a growing phase of a nation whereas on the other we cannot ignore the impact it has on the superpredators[1]in their psychological as well as physical development. The age-old proverb that “An idle mind is a devil’s castle” has a novel renaissance aftermath social media and INTERNET.
It is difficult, indeed dangerous, to underestimate the huge changes this revolution will bring or the power of developing technologies to build and destroy not just companies but whole countries say the author Rupert Murdoch. International cyber terrorism is one of the biggest impacts this technological implication of young has brought. Increasingly children are recruited by terrorist groups within oroutside their country. Some are abducted or forcibly recruited,some are enticed by promises of money or other materialadvantages, some joinvoluntarily, and somehave little or no choice butto accompany their parents or otherfamily members to territories controlled by terrorists. The knowledge source for these cyber-terrorist groups has now been these young minds and technology. This paper studies the impact of technology on juveniles for the growing terrorism in cyberspace and the measures for combating the same. The paper discusses the sociological factors that primarily influence juveniles in committing crime followed by the technological impact resulting in cyber terrorism and some measures to combat them.
II. SOCIOLOGICAL FACTORS THAT IMPINGE ON JUVENILE DELINQUENCY
A study by Vital Stats of Children in Conflict with Law shows that the total number of children accused of crimes rose from 24,709 in 2003 to 38,765 in 2013.[2]Sociological factors as Psychodynamic theory[3] and Social Learning theory proposes, play a major role in Juvenile Delinquency. The State concerning this factor has now followed the principle of “Non-stigmatizing semantics” by naming Juvenile who comes into contact withthe justice system as aresult of being suspected of or charged with committing an offence as a Child in conflict with the law.[4]
Prevention through Sociological Factors:
Social engineers have now used the same sociological factors for preventing juvenile delinquency such as pursuing child-centred orientation, by engaging in lawful, socially usefulactivities and adopting a humanistic orientationtowards society and outlook on life[5]. It is studied that young persons can develop non-criminogenic attitudes by providing institutional mechanisms promoting culture, peace and tolerance[6]. Young personsshould have anactive role and partnership within society[7] and should not be considered as mere objects of socialization or control.
International Committee on the Rights of theChild’s General CommentNo. 10 (2007)on Children’s Rights in Juvenile Justice (Para. 10) has thus provided that,“Children differfrom adults in their physical andpsychological development, and their emotional and educationalneeds. Such differences constitute the basisfor the lesser culpability of children in conflict with the law. These and other differences are the reasons for a separatejuvenile justice systemand require a different treatment for children. The protection of the best interests of the child means, for instance, that thetraditional objectives of criminaljustice, such asrepression/retribution must give way to rehabilitation and restorative justiceobjectives in dealingwith child offenders. This can be donein concert with attention to effective public safety”
III. TECHNOLOGY AND ITS IMPACT ON JUVENILES
The rise in children’s use of technology has led to growing concern about how it affects children’s brains, bodies and socio-emotional, cognitive and physical development. Some countries have shifted their focus of educating their children through an institutional mechanism like schools over religious preaching, and imparting ethics and moral values. For instance, Nigeria in countering extremists[8] and Netherlands establishing a public information database[9] has tried to address the problem aftermath of technological outbreak into the society.
Education was also known as a factor for juvenile delinquency. NCRB report says that there has been a shift in the number of arrests of children, according to the level of education
- Crimes committed by those who are at the matriculation level have increased from 22.8% in 2003 to 35.4% in 2013. A similar trend is seen for children with a higher secondary degree or more.
- Illiterate children committing crimes decreased by about 10% in the last 10 years. This coincides with the decline in the illiteracy rate of 7 to 18-year-old children over the 2001 to 2011 period, from 21.7% to 11.5%.
- The trends in education may be because of an overall improvement in access to education and enrolment rates over the years.
- IV. CYBER TERRORISM AND JUVENILE DELINQUENCY
According to U.S. National Infrastructure Protection Centre,
“Cyber terrorism has been defined as, a criminal act perpetrated by the use of computer and telecommunication capabilities, resulting in violence, destruction and/or disruption of services to create fear by causing confusion and uncertainty within a given population, to influence a governmental population to conform to a particular political, social or ideological agenda”
“Terrorist attacks are often carefully choreographed to attract the attention of the electronic media and the international press. Terrorism is aimed at the people watching, not at the actual victims. Terrorism is a theatre,” wrote Brian Jenkins, an International Terrorism expert[10]. A study titled “Terrorism in Cyberspace: The Next Generation” conducted by Prof. Gabriel Weimann[11] demonstrated a significant increase in the presence of terrorists on the Internet since 1998. The experts explained that in 1998 the number of websites containing terrorist material was 12, in 2003 he counted 2,650 websites and in September 2015 the total number has reached 9,800.
Cyber terrorist now uses the Internet to hack system for collecting valuable information. Public Authorities now demand information from the public through online mode while provides a platform for the terrorist to access through Hi-tech Hackers who are recruited through international groups[12]. Terrorist with such information, data or computer database so obtained use them to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, to achieve their objective[13] and THEREBY committing an offence of Cyber-terrorism punishable under section 66 of IT Act, 2000.”
V. COMBATING JUVENILE TERRORISM IN CYBERPSACE
A juvenile in conflict with the law is treated rather than punished and is reformed than deterred. The Laws either domestic or international rely on reformative jurisprudence in the case of juveniles. Juvenile behaviour in Terrorism was studied in 2015-2016, under the auspices ofthe GCTF Criminal Justice and Rule of Law WorkingGroup, the International Institute for Justice and the Rule of Law (IIJ) supported the development of the Neuchâtel Memorandum on Good Practices for Juvenile Justice in a Counterterrorism Context, in consultation with experts from relevant UN entities and international organisations. This effort aims at strengthening the capacity of countries to comply with the internationally protected rights of the child while addressing the increasing involvement of children in terrorism-related crimes, by integrating the Neuchâtel Memorandum good practices into the curricula of national judicial schools and relevant training institutes[14]
Conventions and Treaties
United Nations Convention on the Rights of the Child (UNCRC), 1989 and its overarching principle regarding children in conflict with the law is that they must be ‘treated in a manner consistent with the promotion of the child’s sense of dignity and worth (…) and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.’[15]
Juvenile in Armed Conflict:
The recruitment of children under the age of 15by armed forces is prohibited both in the UNCRC and in thetwo first Additional Protocols of 1977 tothe Geneva Conventions.The Optional Protocol to the UNCRC on the Involvementof Children in ArmedConflict further provides that armed groupsshould not, underany circumstances, recruit or use in hostilities persons under the age of 18 years[16]. Paris Principles and Guidelines on Children[17] associated with Armed Forces andArmed Groups, which provide that ‘children who are accused of crimes under international law allegedly committed while they were associated with armed forces or armed groups, should be considered primarily as victims and not as perpetrators.’
The UN Security Council resolution 2225 (2015) further encourages member states to consider non-judicial measuresas alternatives to prosecution and detention and to focus on the rehabilitation and reintegration of childrenformerly associated witharmed forces and armed groups[18].
In India section 66-F.of the Information Technology Act, 2000 provides for the punishment for cyber terrorism. India has signed and ratified the United Nations Child Right Convention, Beijing Rules and Havana Rules which are for the protection of the rights of the children.
VI. CONCLUSION
Combating Juvenile terrorism in cyberspace cannot be a short term goal but requires a long-term strategic approach. This goal requires economic opportunity and education reforms that promote critical thinking, to encourage young voices to create a new round of life stories that push back at extremism. Education is one of themost powerful protectivefactors against radicalization to violence. The successful prevention of juvenile delinquency requires efforts on the part of the entire society to ensure the harmonious development of adolescents,with respect forand promotion of their personality from early childhood. Though several states include Borstal schools, institutional mechanisms for children’s care and protection, there is a lack of educating every child either conflicting law or not to be involved in the study of technological impacts on their childhood and the consequential catastrophe which they will be prone to face.
On the part of the Justice administration, both justice and welfare systems should aim to prevent crime, make decisions that are in a child’s best interests, treat children fairly and in a manner which is appropriate to their development, address the root causes of offending and rehabilitateand reintegrate children so they can play a constructive role in society in the future. It is through effective laws providing for welfare measures and educating children in basic aspects of technology and moral values can only this bane be addressed. We suggest that State in their part should provide for checks and balances in the usage of technical devices and Cyber technologies and educate children on the same to overcome this gradually sustainable growth depleting cybercrime.
[1]It is a concept developed in the 1990s by John J. Dilulio, Jr. who predicted a surge in teenage criminals
[2]https://www.prsindia.org/sites/default/files/bill_files/1438698738_Children_in_conflict_with_law-_Vital_stats.pdf
[3]The Psychodynamic theory places its emphasis on the notion that one of the main causes of juvenile delinquency is children’s abnormal personalities that were created and developed in earlier life.
[4]Source: Article 1 United Nations Convention on the Rights of the Child
[5]United Nations Guidelines for thePrevention of Juvenile Delinquency (The Riyadh Guidelines)
[6]UN Security Council Resolution 2250 (2015) on Youth, Peace and Security
[7]UN Committee on the Rights of the Child (CRC), General comment No.10 (2007): Children’s Rights in Juvenile Justice, 25 April 2007, CRC/C/GC/10
[8]For more information, see http://www.icanpeacework.org/2017/08/09/preventing-violentextremismpeacebuilding-current-perspectives-field/
[9]http://www.counterextremism.org/resources/details/id/607/nuansa
[10]Interview by Patt Morrison on May 4th 2016- Los Angeles Times accessed through https://www.latimes.com/opinion/op-ed/la-oe-brian-michael-jenkins-podcast-20160504-htmlstory.html
[11]Prof. Gabriel Weimann, Woodrow Wilson Center Press and Columbia University Press 2015 ISBN:978-0-231-70449-6
[12]Andrew M. Colarik, CYBER TERRORISM- ECONOMIC AND POLITICAL IMPLICATIONS, 1st ed. 2006, Idea Group Publishing, Hershey (USA) Pg. 8, 42
[13]Karnataka High Court in MehidiMasroorBiswasvs The State Of Karnataka on 14 August 2018,
[14]UN’s Toolkit on Juvenile Justice in a Counter-Terrorism Context- The International Institute for Justice and the Rule of Law 1st edition, October 2017
[15]Article 40(1) UNCRC
[16]https://www.ohchr.org/EN/HRBodies/CRC/Pages/CRCIndex.aspx OHCHR accessed on 20-05-2021
[17]PRINCIPLES AND GUIDELINES ON CHILDREN ASSOCIATED WITH ARMED FORCES OR ARMED GROUPS February 2007 read with The standards include the UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) adopted in 1985; the UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) adopted in 1990; the UN Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules) adopted in 1990
[18]UN Security Council resolution 2225 (2015) [on children and armed conflicts], 18 June 2015.
