CU-BA - Sem VI-Sociology VI

knowledge, by tricking the other person, or by threatening or intimidating them. The items taken can be tangible, such as vehicles, clothing, tools or other items. Theft can also be of services, such as having a homeowner pay someone to snow blow their driveway in the winter and the person never completing the job. Theft in most states is usually punishable by jail time. Shoplifting is one type of theft and involves taking items from a retail store without paying for the items. One example of shoplifting might be if an individual goes into a dressing room at a store pretending to try on clothes. That individual then hides the new clothes that he has not yet paid for under the current clothes that he is wearing and tries to leave the store without paying for them. 13.4.3 Political Crime Politics and crime unfortunately have been connected dating all the way back to the days of tribal leadership. A political crime is any crime that is judged to have been committed in order to harm the state, state's government, or political system of a state. This means that a crime committed by a politician is not necessarily a political crime. If a governor decides to assault his wife, he will have committed the crime of domestic abuse. However, if the same governor takes a bribe to advocate for a law to benefit a large corporation, then it would be considered a political crime. This means that although violence can be part of political crimes, they can be non-violent in nature. Although the United States does not have a crime category that pertains solely to political crimes, they have occurred in the past, and individuals continue to be prosecuted and convicted. The accused may believe that something needs to happen that can only be done with manipulation or are afraid for their nation, so they are willing to commit a crime in order to protect it in their mind. Despite the criminal's best intentions, these actions are still illegal and are punished with varying severity; instead of categorizing the crimes under a broad header, they are dealt with on an individual basis. 201 CU IDOL SELF LEARNING MATERIAL (SLM)

Perju Bribe Treas ry ry on Theft Political Sediti Crime on Espion age Figure13.4 Types of Political Crime The following is a list of some of the most common political crimes and a short description of each.  Bribery is the act of giving money or assets to a political figure in exchange for that person to vote or speak on behalf of a certain law or belief system. This is a crime because the political figure is doing this for their own gain, and not for their own personal ideals or to benefit the citizens of the state.  Treason is when a person does something to deliberately betray their country. This could be anything from the murder of a political figure to leaking state secrets to another country.  Sedition is the process of getting a group of people impassioned to create a revolution against their own government.  Espionage occurs when a country or group uses individuals to spy on the government and report back.  Theft can vary as a political crime, but it can be a political figure stealing money from the government or even stealing money from groups and activists.  Perjury is lying under oath, but it is a political crime if an individual is caught lying under oath to wrongfully convict a political figure or cause unrest within the government. 202 CU IDOL SELF LEARNING MATERIAL (SLM)

13.4.4 Economic Crime Economic crime, also known as financial crime, refers to illegal acts committed by an individual or a group of individuals to obtain a financial or professional advantage. The principal motive in such crimes is economic gain. It is possible to divide financial crime into two essentially different, although closely related, types of conduct. First, there are those activities that dishonestly generate wealth for those engaged in the conduct in question. For example, the exploitation of insider information or the acquisition of another person’s property by deceit will invariably be done with the intention of securing a material benefit. Alternatively, a person may engage in deceit to secure material benefit for another. Second, there are also financial crimes that do not involve the dishonest taking of a benefit, but that protect a benefit that has already been obtained or to facilitate the taking of such benefit. An example of such conduct is where someone attempts to launder the criminal proceeds of another offence in order to place the proceeds beyond the reach of the law. 203 CU IDOL SELF LEARNING MATERIAL (SLM)

Financial Crime •Money laundering •Terrorist financing •Fraud •Electronic crime •Bribery and corruption •Tax evasion •Embezzlement •Market abuse •insider dealing •Information security Figure13.5 Types of Financial Crimes Financial crimes are frequently committed for the personal benefit of the criminal and involve the illegal conversion of ownership of the property involved. They can occur in many different forms, and they happen all over the world. The most common crimes facing the financial sector are money laundering, terrorist financing, fraud, tax evasion. These crimes are committed every day, and governments worldwide are frequently prosecuting financial criminals while searching for new ones. 13.4.5 Social Crime Crime is sometimes regarded as social when it represents a conscious challenge to a prevailing social order and its values. Examples cited by Marxist historians include forms of popular action and popular customs in early-modern England (including poaching, wood theft, food riots, and smuggling), which were criminalized by the ruling class, but were not regarded as blameworthy, either by those committing them, or by the communities from which they came. The concept is controversial but does point to the fact that there may not be a consensus as to what constitutes a criminal act. 204 CU IDOL SELF LEARNING MATERIAL (SLM)

Poaching is the illegal hunting, capturing, and often killing of wild animals. It has been done for a number of reasons, including claiming the land for human use, but recently, the illegal act is being done for other ridiculous motives, especially the desire for rare animal products such as ivory, fur, organs, skin, bones, or teeth. People who poach do so for a variety of reasons, including for food, pleasure, medicines, leather, trophies, bones, and more. In some areas, such as China, poaching is driven by demand for highly valued animal products such as ivory and furs. In other places, poaching is driven by poverty or disregard for hunting regulations. Timber theft is defined as the purposeful cutting and stealing of timber and is therefore subject to both criminal and civil law. This activity involves knowingly crossing a boundary (criminal trespass) and purposefully cutting and removing trees (theft). Timber theft can range from the stealing of one or a few high-valued trees to stealing all the timber in a woodland. Regardless, theft results in the loss of timber value, and the careless logging that often is associated with timber theft can result in damage to the soil and remaining trees. Timber theft usually occurs in one of three ways. The most common types of theft in Kentucky occur when an unscrupulous individual • Has been legally harvesting a stand of timber and purposefully harvests beyond a known boundary onto the property of an adjacent landowner(s) • Sets up a logging operation specifically to steal timber, often but not always from absentee landowners • Steals one or a few high-value trees Food riots may occur when there is a shortage and/or unequal distribution of food. Causes can be food price rises, harvest failures, incompetent food storage, transport problems, food speculation, hoarding, poisoning of food, or attacks by pests. Hence, the pathway between food related issues such as crop failure, price hike or volatility and an actual “riot” is often complex. A violent, collective unrest leading to a loss of control, bodily harm or damage to property, essentially motivated by a lack of food availability, accessibility or affordability, as reported by the international media, and which may have other underlying causes of discontent. 205 CU IDOL SELF LEARNING MATERIAL (SLM)

Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations. Goods smuggling is a process where merchants attempt to supply demand for a good or service that is illegal. It includes smuggling of drugs, weapons etc. Women trafficking is a kind of smuggling in which women are transported for sexual services. Child trafficking is another kind of smuggling in which children are transported for sexual services and also to carry out the work. 13.5 DELINQUENCY Delinquency is defined as criminal behavior committed by juveniles under the legal age of adulthood. Delinquency is generally thought to mean criminal behavior committed by juveniles under the legal age of adulthood. Depending on the nation of origin, a juvenile becomes an adult anywhere between the ages of 15 to 18, although the age is sometimes lowered for murder and other serious crimes. A violation of law or ordinance by individual below the legal age of the community is termed Juvenile delinquency. It is essentially a legal concept. It does not include all acts of misbehaviour or even serious misbehaviour by children or youth, but only those acts that violate the law. Adults are considered more responsible for their actions than are children or adolescents, and such juvenile delinquent behaviour when performed by an adult is considered a criminal behaviour. A crime is termed “juvenile delinquency” when committed by a young person under a certain age. The age of the juvenile delinquent is not consistently set around the world. In India, this age limit is set at 16 years for boys and 18 years for girls. The other aspect in case of young persons is that there are certain behaviour which would not be considered criminal in nature if committed by adults, but they will be taken note of as crime if committed by youth. For example, a person below the age of 16 years who: i) is uncontrollable by his parents or guardians by reason of being wayward or by being habitually disobedient. ii) Habitually plays truant from school iii) Lives without ostensible means of subsistence 206 CU IDOL SELF LEARNING MATERIAL (SLM)

iv) Habitually behaves in such a way as to endanger the morale or health of himself/herself. However, there are situations in which juveniles are legally restricted whereas adults are free (for example, buying liquor). The legal age dividing juvenile delinquency from adult crime is 18 years. Generally, the punishment for delinquent behaviour is influenced by the attitudes of the local community and the degree of general tolerance for adolescent misbehaviour. 13.6 LAWS GOVERENING CRIME There are three major laws governing crime description and procedure in India. They are 1. Indian Penal Code 2. Civil Procedure of India 3. Criminal Procedure of India Let us discuss each of these laws in detail. 13.6.1 Indian Penal Code The Indian Penal Code is the official criminal code of the Republic of India. It is a complete code intended to cover all aspects of criminal law. It came into force in 1862 in all British Presidencies, although it did not apply to the Princely states, which had their own courts and legal systems. History of the Indian Penal Code The first draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay. The draft was based on the simple codification of the law of England, while at the same time borrowing elements from the Napoleanic Code and Louisiana Civil Code of 1825. The first draft of the Code was presented before the Governor- General in council in the year 1837, but subsequent revisions and amendments took two more decades. The complete drafting of the code was done in 1850 and presented to the Legislative Council in 1856. It was delayed being placed on the statute book of British India due to the Indian Revolt of 1857. The code came into force on January 1st, 1860 after undergoing many revisions and amendments by Barnes Peacock who would go on to serve as the first Chief Justice of the Calcutta High Court. Before the advent of the British, the penal law prevailing in India, for the most part, was the Muhammedan law. For the first few years of its administration, the East India Company did not interfere with the criminal law of the country and although in 207 CU IDOL SELF LEARNING MATERIAL (SLM)

1772, during the administration of Warren Hastings, the Company for the first time interfered, and henceforth till 1861, from time to time, the British Government did alter the Muhammedan law, yet up to 1862, when the Indian Penal Code came into operation, the Muhammedan law was undoubtedly the basis of the criminal law excepting in the presidency towns. The epoch of the administration of Muslim criminal law in India extended for a considerable period and has even supplied many terms for the vocabulary of Indian law. Structure of the Indian Penal Code The IPC in its various sections defines specific crimes and provides punishment for them. It is sub-divided into 23 chapters that comprise of 511 sections. Crime covered under Indian Penal Code Crimes against the Human Body These offences are provided for in Chapter XVI of the Code spanning from Section 299, which deals with culpable homicide to Section 377, which deals with unnatural offences. The chapter deals with all kinds of offences which can be committed against the human body, from the very lowest degree i.e. simple hurt or assault to the gravest ones which include murder, kidnapping and rape. Crimes against Property These crimes are defined and punished under Chapter XVII and range from Section 378 which defines theft, to Section 462 which prescribes punishment for the offence of breaking upon an entrusted property. The offences that are dealt with under this chapter include, among others, theft, extortion, robbery, dacoity, cheating and forgery. Crimes against Public Tranquillity The definitions and punishment for this category of offences are provided in Chapter VIII which ranges from Section 141 to 160. This chapter lays down the acts which are considered to be criminal in nature because they disturb and destroy public tranquillity and order. This chapter includes offences like being a member of an unlawful assembly, rioting and affray. Offences against the State Chapter VI, which deals with offences of this nature, and includes Sections 121 to 130 are some of the most rigorous penal provisions of the entire code. This includes the offence of waging war against the state under Section 121 and the much-debated, criticised, and abused 208 CU IDOL SELF LEARNING MATERIAL (SLM)

offence of Sedition under Section 124A. The offence defined under this Section has been much maligned as it was used by the British to prosecute many freedom fighters; it has also been used post-independence to silence critics of the government and continues to date which is why many experts advocate repealing the same. General Exceptions Sections 76-106 (Chapter IV) embody the general exceptions which are exceptional circumstances where the offender can escape criminal liability. A basic example in this context is the Right of Private Defence (Section 96-106). Other concepts that are elaborated upon in this chapter include Insanity, Necessity, Consent, and acts of children below a certain age. Debated Provisions of the IPC The IPC has been successful by and large in its attempt to prosecute and punish individuals who commit the crimes that are defined in this Code, but like Sedition there have been certain other provisions that have invited scrutiny time and again. Some of these provisions are as follows: Unnatural Offences-Section 377 This Section, among other things, punished consensual sexual acts between consenting adults belonging to the same sex. With the advent of time, several voices advocated for the decriminalisation of this part which punishes homosexuality. The Supreme Court, finally in the case of Navtej Johar, obliged and decriminalised the portion of this Section which punished consensual acts of this nature. Attempt to Commit Suicide – Section 309 This Section prescribed punishment of up to one year for attempting suicide. There is a longstanding recommendation of the Law Commission to decriminalise attempting suicide by dropping Section 309 from the statute books. But the amendment to this effect has not been carried, albeit, the use of the provision has minimized, by the coming into force of the Mental Healthcare Act, 2017. As per the non-obstante clause contained in Section 115(1) of the Mental Healthcare Act, 2017, there is the presumption of severe stress on a person who attempted suicide and such person is not to be punished under Section 309 IPC. 209 CU IDOL SELF LEARNING MATERIAL (SLM)

But the reports about the use of Section 309 IPC are not unknown and continue to be reported from almost all the parts of the country. As such, it is the need of the hour that the police authorities should be sanitized about the issue. Adultery – Section 497 This Section, which criminalised and prescribed punishment, was criticised for treating a woman as the private property of her husband and imposing moral principles on married couples. This Section was finally struck down by the Supreme Court in September 2018 while disposing of the case of Joseph Shine v. Union of India. 13.6.2 Civil Procedure Code The Code of Civil Procedure (CPC) is a code that regulates the procedure to be followed in courts in a civil case. It is divided into two parts: the first part contains 158 sections and the second part is comprised of the First Schedule that contains 51 Orders and Rules. The sections provide provisions regarding the general principles of jurisdiction, whereas, the orders and rules state the procedure and method to govern civil proceedings in India. It is a procedural law that prescribes the procedure and machinery to be followed by the courts for the enforcement of the rights and liabilities in a civil issue. Historical Background of Code of Civil Procedure Before 1859, there were Crown Courts in Presidency towns and Provincial Courts in Mofussil. The courts in Mofussil areas were governed by different systems of civil procedure based on various rules and regulations which were changed frequently to fit in the changing needs and circumstances. The Legislative Council of India to provide uniformity in regulating the civil procedure in India enacted the first code of civil procedure in 1859 which received the assent of the Governor-General on 23rd March 1859. However, the code could not serve the purpose due to its inapplicability to the Supreme Courts (Crown Courts under the Royal Charter) and the Sardar Diwani Adalats (Principal Courts under the Judicial Plan by the Governal General). Thereafter, the Indian High Courts Act and the Supreme Court Act establishing High Courts in Mumbai, Chennai and Kolkata were passed in the year 1861 and the Sardar Diwani Adalats were abolished. The code of 1859 was also made applicable to the High Courts, however, due to the irregularities of the code it was replaced by the Code of Civil Procedure, 1877 which was again amended in 1878 and 1879. Later, the code of 1877 was replaced by the Code of Civil Procedure 1882 which also lacked in overcoming the drawbacks of its 210 CU IDOL SELF LEARNING MATERIAL (SLM)

predecessors and ultimately the present Code of Civil Procedure, 1908 was passed after removing all the defects of the previously enacted codes. procedure for filing an appeal in a civil suit In case there are more than one plaintiffs or defendants, then any one of them can file an appeal against all of them respectively.Merely because an appeal is filed, does not mean that the order or decree of lower court is stayed. In case of temporary stay of decree or order, it has to be specifically asked, and stay will operate only if court grants it.In case of execution of decree, the court, which passed the decree, can itself stay the execution for time being on sufficient reasons shown.The court may require the appellant to deposit some sort of security.The appellate court may, on the day fixed for hearing the appellant dismiss the appeal, or issue notice to the opposite party to appear on next day. If on the first day of hearing, appellate court issues summons to the opposite party, then: 1. It shall fix a date for next hearing, and such date shall be published in the court house. 2. Notice shall also be sent to the lower court, whose decree or order has been appealed. 3. To appellant is required to file “Process Fee“which is very nominal, and on such filing, the notice shall also be sent to opposite party. 4. In case of appeal, the one who files the appeal is known as appellant, and against whom it is filed, is known as \"Respondent\". Order, Decree and Judgment In a civil suit, several facts might be alleged and the court may be required to rule on several claims. In simple terms, a decree is the ruling of the court regarding the claims of the parties of the suit. For example, in a suit between A and B, A may claim that a particular property P belongs to A. After hearing all the arguments, the court will rule in the favour of either A or B. The final decision of the court regarding this claim i.e. whether the property belongs to A or B, is a decree. According to Section (14) of the Civil Procedure Code, the formal expression of any decision of a civil court which is not a decree is an order. In a suit, a court may take certain decisions on objective considerations and those decisions must contain a discussion of matters at issue in the suit and the reasons which led the court to pass the order. However, if those decisions fall short of a decree, they are orders. 211 CU IDOL SELF LEARNING MATERIAL (SLM)

A judgment, on the other hand, means a statement given by the judge of the grounds of a decree or order. Every judgment must contain- a concise statement of the case, the points for determination, the decision thereon, and the reasons for the decision. According to Rule 6A of Order 20, the last part of the judgment should precisely state the relief granted. Thus, a judgment is a state prior to the passing of a decree or an order. After a judgment is pronounced, a decree shall follow. 13.6.3 Criminal Procedure Code Criminal Law is defined as “a body of rules that defines the conduct prohibited by the State for being harmful to public safety and welfare and also prescribes punishment to be imposed for the commission of such acts” More specifically, Criminal Law (also known as Penal Law) deals with acts of intentional harm to individuals. In a larger sense, it can be said that it deals with offences against the State. Crime, in a Civilized Society, is considered to be a breach of duty, committed not only against a single individual, but also against the society at large. In other words, it is a breach of duty towards the public as a whole for which the offender is punished by the society or the State. A crime is a deliberate or reckless act that causes harm to another either to his/ her person or to his/her property. Moreover, it is also a crime to neglect a duty to protect others from harm. Criminal Law refers to the body of laws which deal with crimes and their consequences. In Criminal Law, an individual may report a crime but can never file a case against another individual, only the government can file the case against the offender. Criminal Law defines the various offences caused to human body and property and also prescribes punishments for them. The objective of Criminal Law is to punish the wrongdoer and to deter him/her from repeating the commission of the crime again. Crime and punishment are two sides of the same coin. Every act that endangers social harmony is a crime. In fact, crime is an act forbidden by law, and thus any person committing crime is liable to punishment. The basic concept of Criminal Law is based on the maxim “actus non facit reum, nisi mens sit rea”, which means that an act itself does not constitute a crime, unless it is accompanied with a guilty intention. Thus, a crime cannot be committed unless it is accompanied with a guilty mind. Similarly, mere guilty mind also does not constitute a crime unless it is accompanied with a wrongful act. 212 CU IDOL SELF LEARNING MATERIAL (SLM)

For example, if a person merely thinks of committing an act of kidnapping, he/she will not be called a kidnapper. This guilty intention must be accompanied by the wrongful act of kidnapping to constitute the crime. Similarly, when somebody strikes another person, it is the crime of assault but the person will only be liable if the blow was intentional. This clearly indicates that mental factor is the most important thing necessary to constitute a crime. Whenever a person accused of committing a crime is brought before the Court, first of all his or her mental condition is studied carefully to ascertain that whether he or she was aware of the fact that the act committed by him or her was wrongful. Thus, a person of unsound mind or an intoxicated person is considered to have done the wrongful act without any guilty intention and hence may not be punished. Criminal Law deals mostly with two kinds of laws- the Substantive and the Procedural Laws. The Substantive Law prescribes the offences and the punishments for these offences, whereas the Procedural Law enshrines the procedures to be followed to inflict such punishments upon the wrongdoer. Cognizable Offence The offence in which the police suo motu takes cognizance of crime and does not need approval of a court is known as a cognizable offence. In cognizable offences, the police can arrest a person without any warrant, also, a court order is not required to start an investigation. Cognizable are heinous crimes such as murder, rape, theft, kidnapping, counterfeiting, etc. Non Cognizable Offence The category of offences as per Code of Criminal Procedure (CrPC) in which Police can neither register the FIR nor can investigate or effect arrest without the express permission or directions from the court are known as Noncognizable offences. FIR and NCR When something is stolen, then, according to Section 379 of IPC, FIR is filed and when something is lost, then NCR (Non-Cognizable Report) is filed. NCR remains in the records of the police station, it is not sent to the court. Police also do not investigate for it. FIR is a written document prepared by police after receiving information about some cognizable offence. This information is often registered as a complaint by the person who is the victim of such a crime. 213 CU IDOL SELF LEARNING MATERIAL (SLM)

Anticipatory Bail Anticipatory bail means an application seeking permission from the court to be released if arrested by the police, but only for the particular reason against which permission of anticipatory bail is asked by the accused. Trial Procedure  The procedure for trials is laced with detailed procedures, they are in place so that the guilty may be punished but also so that innocent persons get every possible opportunity to prove their innocence.  Once the innocence or guilt of an accused is determined, the aggrieved party has the option to go in appeal and challenge the decision within the stipulated statutory time.  The appeals generally lie from a Magistrates Court to the Sessions Court, from the Sessions Court to the High Court and from the High Court to the Supreme Court. The Court can also pass some post-conviction orders like for instance having regards to the age, character and antecedents of the offender, and the circumstances in which the offence was committed. If the Court convicting the accused considers it expedient to release the offender, it may do so either on probation of good conduct or after due admonishment. The CrPC is a comprehensive document designed to provide due process to the accused by laying down a procedure for cognizance, arrest, bail, collection of evidence, trial and determination of innocence or guilt. The procedure laid down is basically a procedure to ensure that the rights of individuals are protected against the strong state machinery. The Code has also been supplemented well by the Supreme Court judgements and amendments to become more robust. 13.6.4 Difference between Indian Penal Code, Civil Procedure Code and Criminal Procedure Code Indian Penal Code is a substantive law. A substantive law is a law which defines the rights and liabilities in civil law and crimes and punishment under the criminal law. Therefore, Indian Penal Code is the law that stated the punishable offences, along with their punishments or penalty or both. It explains all possible crimes and their related punishments. Under this code, the punishments are divided into five major sections, i.e. death, imprisonment for life, imprisonment in general, forfeiture of property and fine. The Code of Civil Procedure and the Criminal Procedure Code are a procedural law. A procedural law is a law which lays down the set of procedures for enforcing substantive law. 214 CU IDOL SELF LEARNING MATERIAL (SLM)

Therefore, Criminal Procedure Code is the law that describes the overall procedure which is to be followed by the Courts in a criminal case. It deals with the set of rules that direct the series of proceedings that take place during a criminal offence. It aims at setting up the necessary machinery for investigating cases, arresting criminals, presenting criminals before the courts, collecting evidence, imposing penalties or punishments on the accused, the entire procedure regarding bail, and so on. Similarly, the Code of Civil Procedure is also a procedural law. The main purpose of the Civil Procedure Code is to enumerate the procedure and practices to be followed by the civil courts in India. It provides the provisions to be followed in a civil suit, such as provisions regarding filing of a suit, sending of summons, provisions for interim injunction during the pendency of a suit and appealing against an order, etc. 13.7 LAWS RELATED TO DELINQUENCY The Convention on the Rights of the Child (CRC) was approved by the General Assembly of the United Nations on 20 November 1989. The Convention was formally opened for ratification on 26 January, 1990, the Government of India ratified the CRC on 11 December, 1992. This is a major convention that governs the laws related to children in India. Another law that governs children and justice is the juvenile justice act. Let us understand both these acts in detail. 13.7.1 The United Nations Convention on the Rights of the Child (UNCRC) The United Nations Convention on the 'Rights of the Child' is an international statement of the civil, political, economic, social and cultural rights of children. The UN General Assembly adopted the Convention and opened it for signature on 20 November 1989 (the 30th anniversary of the Declaration of the Rights of the Child). The Convention is the most widely ratified human rights treaty in history. It has inspired governments to change laws and policies and make investments so that more children finally get the health care and nutrition they need to survive and develop, and there are stronger safeguards in place to protect children from violence and exploitation. It has also enabled more children to have their voices heard and participate in their societies. n 1959, the UN General Assembly adopted the Declaration of the Rights of the Child, which defines children’s rights to protection, education, health care, shelter, and good nutrition. Education 215 CU IDOL SELF LEARNING MATERIAL (SLM)

Following more than a decade of focus on child health issues, UNICEF expanded its interests to address the needs of the whole child. Thus began an abiding concern with education, starting with support for teacher training and classroom equipment in newly independent countries. In 1965, the organization was awarded the Nobel Peace Prize “for the Promotion of brotherhood among nations.” Today, UNICEF works in more than 190 countries and territories, focusing special effort on reaching the most vulnerable and excluded children, to the benefit of all children, everywhere. Convention on the Rights of the Child UNICEF's work is guided by the Convention on the Rights of the Child (1989). The Convention is the most rapidly and widely ratified international human rights treaty in history. The Convention changed the way children are viewed and treated – i.e., as human beings with a distinct set of rights instead of as passive objects of care and charity. The unprecedented acceptance of the Convention clearly shows a wide global commitment to advancing children’s rights. Much has been accomplished since the adoption of the Convention, from declining infant mortality to rising school enrolment, but much remains to be done. State of the World's Children Every child has the right to health, education and protection, and every society has a stake in expanding children’s opportunities in life. Yet, around the world, millions of children are denied a fair chance for no reason other than the country, gender or circumstances into which they are born. Poverty affects children disproportionately. Around the world, one out of six children lives in extreme poverty, living on less than US$1.90 a day. Their families struggle to afford the basic health care and nutrition needed to provide them a strong start. These deprivations leave a lasting imprint; in 2019, 149 million children under the age of five were stunted. Despite great progress in school enrolment in many parts of the world, more than 175 million children are not enrolled in pre-primary education, missing a critical investment opportunity and suffering deep inequalities from the start. 6 out of 10 leave primary school without achieving minimum proficiency levels in reading and mathematics, according to a 2017 216 CU IDOL SELF LEARNING MATERIAL (SLM)

UNESCO report. This challenge is compounded by the increasingly protracted nature of armed conflict. Children and armed conflict More than twenty years ago, the world united to condemn and mobilize against the use of children in armed conflict. Since then, thousands of children have been released as a result of Action Plans mandated by the UN Security Council and other actions aimed at ending and preventing recruitment and use of children by armed forces and groups. However, serious challenges for the protection of children affected by armed conflict remain. In 2019, 1.6 billion children (69%) were living in a conflict-affected country, and approximately 426 million children (over one in six) were living in a conflict zone. Millions of children, many of whom are unaccompanied or separated from their families are being displaced by armed conflict. These children are at a high risk of grave violations in and around camps, and other areas of refuge. Action is urgently required to alleviate the plight of children displaced by armed conflict and the Secretary-General encourages Member States to respect the rights of displaced and refugee children and to provide them with necessary support services. Violence against children The right of children to protection from violence is enshrined in the Convention on the Rights of the Child and yet still one billion children experience some form of emotional, physical or sexual violence every year; and one child dies from violence every seven minutes. Violence against children knows no boundaries of culture, class or education. It takes place against children in institutions, in schools, and at home. Peer violence is also a concern, as is the growth in cyberbullying. Children exposed to violence live in isolation, loneliness and fear, not knowing where to turn for help, especially when the perpetrator is someone close. Children’s gender, disability, poverty, nationality or religious origin may all increase the risk of violence with the youngest being especially vulnerable as they are less able to speak up and seek support. In 2006, the UN Study provided a set of recommendations on how to end violence against children; and the Secretary-General appointed a Special Representative to ensure their effective follow-up and to monitor implementation. 217 CU IDOL SELF LEARNING MATERIAL (SLM)

There has been some real progress: many states now have legislation to prohibit physical, mental and sexual violence and support victims; campaigns are raising awareness of the negative impact of violence; and bullying, sexual violence and harmful practices against children are being tackled. We also have more data on the scale and nature of violence against children. These are significant developments but much more needs to be done. The inclusion of a specific target (16.2) in the 2030 Agenda has shown the world’s commitment to end to all forms of violence against children. We must work urgently to ensure that noble vision becomes a reality for every child. Children and the Sustainable Development Goals For 15 years, the Millennium Development Goals (MDGs) were a guiding force on many issues affecting the lives of children, young people and their families. Over this time, tremendous progress was made in reducing preventable child deaths, getting more children into schools, reducing extreme poverty and ensuring more people have access to safe water and nutritious food. However, progress has been uneven and many of the most pressing issues for the world -- including addressing inequalities, promoting inclusive economic growth, protecting children from violence and combating climate change -- were not adequately covered in the MDGs. With the adoption of the new Sustainable Development Goals (SDGs) in September of 2015, world leaders have committed to ending poverty by 2030. But unless accelerated efforts are made:  Almost 52 million children may die before reaching their fifth birthday between 2019 and 2030.  Children in sub-Saharan Africa will be 16 times more likely to die before their fifth birthday than children in high-income countries.  Nine out of 10 children living in extreme poverty will live in sub-Saharan Africa.  More than 60 million primary school-aged children will be out of school – roughly the same number as are out of school today. More than half will be from sub-Saharan Africa.  More than 150 million additional girls will marry before their 18th birthday by 2030. 218 CU IDOL SELF LEARNING MATERIAL (SLM)

These vast inequities and dangers do more than violate the rights and imperil the futures of individual children. They perpetuate intergenerational cycles of disadvantage and inequality that undermine the stability of societies and even the security of nations everywhere. 13.7.2 Juvenile Justice (Care and Protection of Children) Act, 2015 The Juvenile Justice Act (JJA) pertains to provisions for children found in conflict with the law in India. It also gives provisions for children in need of care and protection. The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2018 had been introduced in the Lok Sabha. Its aim is towards the amendment of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Juvenile Justice (Care and Protection of Children) Act, 2015, defines the legal framework in which juveniles (below 18 years old in India) can appear before a judge. Juveniles in conflict with the law must be distinguished from children in need of care and protection. If the situation requires it, the latter can be placed by a judge in a children home to protect them. TARA children are thus all “children in need of care and protection”, as per the definition given by the Juvenile Justice Act. The Juvenile Justice Act, 2015 is the major legal text on Child Protection in India. The JJ Act guarantees the security, the protection, the education and the well-being of the children in need in India. The JJ Act recommends enquiries to determine if the situation of vulnerability of a child requires a placement in a children’s home. The Historical Evolution of Juvenile Justice Act in India The United Nations Minimum Rules for Administration of Juvenile Justice of 1985 ratified by the United Nations Member States in Beijing in 1985, also known as the Beijing Rules, set out the rules, general principles and rules governing investigation and prosecution, adjudication, delivery, non-institutional treatment and institutional treatment. Two essential concepts are explained in these principles. They are- 1. Diversion– If children are treated in the criminal justice system, stigmatizing criminality increases the authority of the child, whose authority has been established from Rule 11 of the Criminal Code. Therefore, these principles aim at minimizing the contact of minors with the criminal justice system. To divert the child from the system, the second part of the rule legitimizes police officers, prosecutors and other authorities. This is why juvenile court judges do not wear the black coat and other judicial officials also try not to be as formal and put the child or minor at ease. 219 CU IDOL SELF LEARNING MATERIAL (SLM)

2. Detention– A deliberate sentence imposed on minors but imposed for the shortest possible period and called “detention as a last resort”. Salient Features of the Juvenile Justice Act, 2015-  Definition of ‘child in need of care and protection’ expanded– Under the new law, the definition now also includes a child caught working in violation of labour law, with imminent risk of marriage before reaching the legal age for the same resides with a person who has threatened or threatened to hurt, exploit, abuse or neglect the child or to violate any other law, or whose parents or guardians are unable to care from him.  Procedure for inquiry– Unlike children for whom production reports have been received, the Child Protection Committee must now investigate any child produced before it. Orphaned and delivered children are also included in the procedure.  Designated Court: The Act provides that offences against children that are punishable with imprisonment of more than seven years, will be tried in the Children’s Court (equivalent to a Sessions Court). Other offences (punishable with imprisonment of less than seven years) will be tried by a Judicial Magistrate. The Bill amends this to provide that all offences under the Act will be tried in the Children’s Court.  An extensive definition of ‘adoption’ provided– The rights of the child have been recognized and a detailed definition of adoption has now been provided. Under the Act, once prospective adoptive parents accept a child, an adoption agency files an application in a civil court to obtain the adoption order. The adoption order issued by the court establishes that the child belongs to the adoptive parents. The Bill provides that instead of the court, the district magistrate (including additional district magistrate) will perform these duties and issue all such orders.  Serious offences: The Act provides that the Juvenile Justice Board will inquire about a child who is accused of a serious offence. Serious offences are those for which the punishment is imprisonment between three to seven years. The Bill adds that serious offences will also include offences for which maximum punishment is imprisonment of more than seven years, and minimum punishment is not prescribed or is less than seven years.  Offences against children: The Act provides that an offence under the Act, which is punishable with imprisonment between three to seven years will be cognizable (where 220 CU IDOL SELF LEARNING MATERIAL (SLM)

arrest is allowed without warrant) and non-bailable. The Bill provides that such offences will be non-cognizable and non-bailable.  Child Welfare Committees (CWCs): The Act provides that states must constitute one or more CWCs for each district for dealing with children in need of care and protection. It provides certain criteria for the appointment of members to CWC. For instance, a member should be: (i) involved in health, education, or welfare of children for at least seven years, or (ii) a practising professional with a degree in child psychology, psychiatry, law, or social work. The Bill adds certain criteria for a person to be ineligible to be a member of the CWC. These include: (i) having any record of violation of human rights or child rights, or (ii) being a part of the management of a child care institution in a district.  Child Welfare Committee is no longer the final authority in cases of children in need of care and protection– Anyone related to the child may apply to the district judge, who will review and make appropriate orders as a district judge. the authority of the Child Protection Committee. 221 CU IDOL SELF LEARNING MATERIAL (SLM)

13.8 AUTHOTIRIES ASSOCIATED WITH CRIME AND DELINQUENCY Supreme court Judiciary System High court Local magistrate courts Crime Special courts Agencies Police Services Civil Poice Armed Police National Commission for Delinquency Protection of Child Rights Child Welfare Committee Juvenile Homes Fig no 13.6 crime and delinquency There are various agencies related to crime and delinquency in India. Authorities like the judiciary system and the police system deal with crime and delinquency alike. However, some agencies only dela with juvenile delinquency cases. Let us understand some of these agencies in detail. 13.8.1 Judiciary System of India Judicial System or the court system is also the Judiciary System. The court has the power to make decisions and also enforce the law, solve disputes. Judiciary system consists of Judges and other magistrates, they form the bench or the core of the judiciary system. On 26 January 1950, the Indian Constitution was written and it is world’s largest constitution written. The constitution is the source of law in India and also the supreme law of India. Judicial System of India consists of Supreme Court, High Court, District Court or Subordinate Court. 222 CU IDOL SELF LEARNING MATERIAL (SLM)

Supreme Court of India Under the constitution of India, the supreme court is the final court of appeal. Hence has the chief justice of India, including 30 judges and other judges for advisory jurisdiction. Unsolved or still in dispute cases are levelled up to Supreme court to reattain justice. If the supreme court declares a law it is binding on all other courts of all States and Union territory. Every court building has 15 courtrooms. the Eligibility to become a Chief justice is:  The judge in one High court or more, for at least 5 years or advocate in high court for at least 10 years.  A distinguished judge in the opinion of the President of India. High Court of India Under the constitution of India, every state should regard to one high court. Mumbai high court id the oldest high court in India. Every High court has 94 judges out of which 71 are permanent and 23 are additional judges. High court deals with economic issues and legal documentation. These courts also have an additional set of legal professionals. Eligibility for a high court judge is  He should be a citizen of India.  An advocate should have at least 10 years of practice in any court. District Court of India Under the constitution of India, district courts or Subordinate Courts are subordinate to the high court. District courts are established according to the population distribution of the district and state. It looks after the Civil and criminal matters of the district. A law declared by the district court is applicable to all subordinate courts. Since District court is at a higher hierarchical level. Eligibility for judge in district court is  He should be a citizen of India  An advocate should have at least practice for 7 years. 13.8.2 Police System Under the Constitution, police is a subject governed by states. Therefore, each of the 29 states have their own police forces. The center is also allowed to maintain its own police forces to assist the states with ensuring law and order. Therefore, it maintains seven central police 223 CU IDOL SELF LEARNING MATERIAL (SLM)

forces and some other police organisations for specialized tasks such as intelligence gathering, investigation, research and record-keeping, and training. The primary role of police forces is to uphold and enforce laws, investigate crimes and ensure security for people in the country. In a large and populous country like India, police forces need to be well-equipped, in terms of personnel, weaponry, forensic, communication and transport support, to perform their role well. Further, they need to have the operational freedom to carry out their responsibilities professionally, and satisfactory working conditions (e.g., regulated working hours and promotion opportunities), while being held accountable for poor performance or misuse of power. The Constitution provides for a legislative and executive division of powers between center and states. The responsibilities of the state and central police forces are different. State police forces are primarily in charge of local issues such as crime prevention and investigation, and maintaining law and order. While they also provide the first response in case of more intense internal security challenges (e.g., terrorist incident or insurgency-related violence), the central forces are specialised in dealing with such conflicts. For example, the Central Reserve Police Force is better trained to defuse large-scale riots with least damage to life and property, as compared to local police. Further, the central forces assist the defence forces with border protection. The centre is responsible for policing in the seven union territories. It also extends intelligence and financial support to the state police forces. State Police Forces Police forces of the various states are governed by their state laws and regulations. Some states have modelled their laws on the basis of a central law, the Police Act, 1861. States also have their police manuals detailing how police of the state is organised, their roles and responsibilities, records that must be maintained, etc. Hierarchy and organisation State police forces generally have two arms: civil and armed police. The civil police is responsible for day-to-day law and order and crime control. Armed police is kept in reserve, till additional support is required in situations like riots. In this section, we discuss how civil police is organised in the country. Civil police forces broadly adhere to the hierarchical structure. Every state is divided into various field units for the purpose of effective policing: zones, ranges, districts, sub-divisions or circles, police stations and outposts. For instance, a state will comprise of two or more 224 CU IDOL SELF LEARNING MATERIAL (SLM)

zones, each zone will comprise two or more ranges, and ranges will be sub-divided into the other field units in a similar manner. The key field units in this setup are the police district and the police station. A police district is an area declared so by the state government. It is considered the most important supervisory and functional unit of police administration because the officer in charge of the district (i.e., Superintendent of Police or SP) has operational independence in matters relating to internal management of the force and carrying out of law and order duties. A police station (typically headed by an Inspector or Sub-Inspector) is the basic unit of police functioning. It is engaged with: (i) registration of crimes, (ii) local patrolling, (iii) investigations, (iv) handling of various law and order situations (e.g., demonstrations and strikes), (v) intelligence collection, and (vi) ensuring safety and security in its jurisdiction. A police station may have several police outposts for patrolling and surveillance. Generally, the state government in consultation with the head of the state police force (i.e. Director General of Police or DGP) may create as many police stations with police outposts in a district as necessary, in line with the population of the district, the area, the crime situation and the work load. Central Police Forces The centre maintains various central armed police forces and paramilitary forces, of which four guard India’s borders, and three perform specialised tasks. These are:  Assam Rifles (AR): Guards India’s borders with Myanmar.[13]  Border Security Force (BSF): Guards India’s borders with Pakistan and Bangladesh.  Indo Tibetan Border Police Force (ITBP): Guards the border with China.  Sashastra Seema Bal (SSB): Guards India’s borders with Nepal and Bhutan.  Central Industrial Security Force (CISF): Provides security to critical infrastructure installations, such as airports, atomic power plants, defence production units and oil fields.  Central Reserve Police Force (CRPF): Deployed for law and order, counter- insurgency, anti-naxal and communal violence operations.  National Security Guards (NSG): Specialised in carrying out counter-terrorism, counter-hijacking and hostage-rescue operations. In addition, it provides VIP security and security for important events. The center also maintains several police organisations. Key organisations include: 225 CU IDOL SELF LEARNING MATERIAL (SLM)

Intelligence Bureau (IB): The IB is the central intelligence agency for all matters related to internal security, including espionage, insurgency and terrorism. The CBI is an investigating agency set up under the Delhi Special Police Establishment Act, 1946. It is responsible for investigating serious crimes having all India or inter-state ramifications, such as those related to corruption, financial scams and serious fraud and organised crime (e.g., black marketing and profiteering in essential commodities). Typically, the CBI takes up an investigation: (i) on the order of the central government with the consent of state government, and (ii) on the order of the Supreme Court and High Courts. National Investigation Agency (NIA): The NIA is an investigating agency set up under the National Investigation Agency Act, 2008. It is responsible for investigating offences against the sovereignty, security and integrity of the country punishable under eight specified laws, such as the Unlawful Activities (Prevention) Act, 1967 and the Anti-Hijacking Act, 1982. NIA takes up an investigation on the order of the central government, either on the request of a state government or suo moto (i.e. on the central government’s own authority). National Crime Records Bureau (NCRB): The NCRB is an institution that collects and maintains records on crime across the country. It coordinates and disseminates this information to various states, investigating agencies, courts and prosecutors. It also functions as the national storehouse for fingerprint records of convicted persons. Bureau of Police Research and Development (BPRD): The BPRD was set up with the mandate to identify the needs and problems of the police forces in the country. Its responsibilities include: (i) promoting use of science and technology in police work, (ii) monitoring and assisting with the training needs of police forces, (iii) assisting state police forces with modernization, and (iv) assisting the centre in developing quality standards with respect to police equipment and infrastructure. Training Academies: Two key national training academies that come under the central government are the Sardar Vallabhbhai Patel National Police Academy and the North Eastern Police Academy. The Sardar Vallabhbhai Patel National Police Academy in Hyderabad is responsible for conducting training courses for IPS officers, and for trainers of various police training institutions in the country. The North Eastern Police Academy in Meghalaya is responsible for training police personnel of the north east states. 226 CU IDOL SELF LEARNING MATERIAL (SLM)

13.8.3 National Commission for Protection of Child Rights The National Commission for Protection of Child Rights (NCPCR) is a statutory body established in 2007 under an act of Parliament, the Commissions for Protection of Child Rights (CPCR) Act, 2005. In this article, you can read all about the NCPCR, its functions and importance in relation to child rights in the country. The NCPCR is a body that works towards achieving a child rights-centric approach in all the laws, programmes, policies and administrative mechanisms in India. It functions under the Ministry of Women & Child Development of the central government.  It strives to ensure that all laws and policies in the country are in consonance with the rights of children as emphasised by the Indian Constitution as well as with the UN Convention on the Rights of the Child.  A child is defined as any person between the ages of 0 and 18 years.  The Commission acknowledges the universality and inviolability of child rights.  It focuses on children that form a part of the most vulnerable sections of society.  The Commission sees every right of the child as equally important and hence, does not grade the rights according to importance. NCPCR Constitution The NCPCR has been constituted by the Government as an act of Parliament as mentioned above. Hence, it is a statutory organisation. It consists of the following members: 1. Chairperson – Person of eminence and who has an exemplary record of work in child welfare. 2. Six members:  A minimum of two women members.  Should have experience in the following fields: 1. Education 2. Child health, care, welfare or child development 3. Juvenile justice or care of neglected or marginalized children or children with disabilities 4. Elimination of child labour or children in distress 227 CU IDOL SELF LEARNING MATERIAL (SLM)

5. Child psychology or sociology 6. Laws relating to children NCPCR Functions The Act that constituted the NCPCR laid down its functions and mandates, which are enumerated below: 1. Assess and review the safeguards that are provided for child rights protection in India under existing laws and also suggest measures for implementing them effectively. 2. Present reports on the workings of the laws in this domain to the central government as and when necessary. 3. Inquire cases of child rights violations and initiate proceedings. 4. Study the factors that prevent the enjoyment of rights of children impacted by terrorism, riots, natural calamities, communal violence, trafficking, HIV/AIDS, torture and exploitation, maltreatment, prostitution and pornography, and suggest remedial measures for them. 5. Enquire into the needs of children requiring special care and protection such as disadvantaged and marginalised children, children in conflict with the law, children of prisoners and children without families, and also recommend remedial measures thereof. 6. Review current policies with respect to children’s rights and protection by studying treaties and international instruments and suggest changes as needed. 7. Conduct research in the field of child rights. 8. Advocate child rights and promote/disseminate the idea through mass campaigns, seminars, etc. 9. Undertake investigation into specific complaints received from children or anyone else on their behalf. 10. Encourage the incorporation of child rights in school curriculums and train teachers in that respect. 228 CU IDOL SELF LEARNING MATERIAL (SLM)

13.8.4 Child Welfare Committee The Child Welfare Committee is an autonomous body declared as a competent authority to deal with children in need of care and protection. Section 27 of Chapter V of the Juvenile Justice (Care and Protection of Children) Act, 2015 talks about the Child Welfare Committee. It is mandatory to form one or more Child Welfare Committees in every district for exercising power and to discharge the duties conferred in relation to children in need of care and protection. This committee consists of a chairperson and other four members who according to the State Government are fit to be appointed, at least one of whom should be a woman and the other should preferably be an expert on matters that are concerning the children. A Secretary and other staff shall be provided by the District Child Protection Unit for secretarial support to the Committee for its effective functioning. For becoming a member of the Committee, that person(who wants to become a member) should be actively involved in health, education and welfare activities in relation to children for at least seven years or should be a practising professional who has a degree in child sociology, psychiatry, psychology, law or human development. For the appointment of a member, he should possess all the prescribed qualifications. The duration of this appointment should not exceed the time period of three years. Appointment of a member shall be terminated if that member uses his power for wrong measures, been convicted of an offence involving moral turpitude (where such conviction has not been reversed and he has not been granted full pardon) and does not attend the meetings of the Committee for a period of three months of three-fourths sitting of the Committee in that year. A review in every three months shall be conducted by the District Magistrate. The Child Welfare Committee functions as a bench guided by the powers that are conferred in the Code of Criminal Procedure, 1973. Anyone connected to the child is allowed to file a petition to the Magistrate of that District, who considers and passes appropriate orders. Powers of the committee The powers of the Child Welfare Committee are laid down in Section 29 of the Juvenile Justice (Care and Protection of Children) Act, 2015:  The Committee has the full authority of disposing of cases for the care, protection and treatment of the children. 229 CU IDOL SELF LEARNING MATERIAL (SLM)

 The Committee can also dispose of cases that are for the development, rehabilitation and protection of children that are in need, and also to provide for the basic need and protection that is needed by the children.  When a committee is constituted for any particular area, then it has the power to exclusively deal with all proceedings that are being held under the provisions of this Act that are related to children in terms of need of care and protection.  While exercising the given powers curtailed under this Act, the Committee is barred from performing any act which would go against anything contained in any other law that is in force at that time. Functions and Responsibilities of the committee The Functions and Responsibilities of the Child Welfare Committee are mentioned in Section 30 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Few functions and responsibilities are listed below:  Cognizance of children that are produced before it. Children who are neglected can be produced before this committee.  Conducting inquiry on issues relating to and affecting the safety and well being of the children under this Act.  To direct the Child Welfare Officers, District Child Protection Unit and Non- Governmental organizations for social investigation and also to submit a report before the Committee.  To conduct an inquiry for the declaration of fit persons for the care of children in need of care and protection.  To direct placing of a child in a foster care facility.  To ensure care, protection, restoration and appropriate rehabilitation of those children that are in need of care and protection. This is based on that child’s individual care plan. It also includes the passing of necessary directions to parents or guardians or the people who are fit or children’s homes or fit facilities in this regard.  To select a registered institution for the placement of every child that requires support which is based on that child’s gender, age, disability and needs. This should be done by keeping in mind the available capacity of the institution. 230 CU IDOL SELF LEARNING MATERIAL (SLM)

 To recommend action that is for the improvement in the quality of services provided to the District Child Protection Unit and the Government of a State.  To certify the performance of the surrender deed by the parents and to make sure that they are given time to think about their decision as well as to make a reconsideration to keep the family together.  To make sure that all the efforts are made for the restoration of the lost or abandoned children to their families by following due process which is prescribed by the Act.  To declare children legally free for adoption after due inquiry who are orphans, abandoned and surrendered.  To take suo moto cognizance of cases and also to reach out to the children who are in need of care and protection.  To take action against the rehabilitation of children who are abused sexually and are reported as children in need of protection and care from the Committee, by the Special Juvenile Police Unit or the local police as the case may be.  To deal with cases referred by the Board under sub-section (2) of 17 of this Act.  To coordinate with various departments that are involved in the care and protection of children. These departments include the police, the labour department and other agencies.  To conduct an inquiry and give directions to the police or the District Child Protection Unit in case of a complaint of abuse of a child.  To access appropriate legal services for the children.  To perform such other functions and responsibilities as may be prescribed. 13.8.5 Juvenile homes A Juvenile home is commonly referred to as Juvie, and it is a place for people who are regarded as minority. People in this category are usually teenagers found guilty of committing an offence. However, they are not qualified to take the same punishment as older adults would. Sometimes, a Juvenile home is often called a correctional facility, and they are sent here for the purpose of character reformation and the inculcation of good habits which would make them useful to the society. The court system for Juveniles is however quite different 231 CU IDOL SELF LEARNING MATERIAL (SLM)

conventional court system. The Juvenile home places focus on providing help to young children and teenagers. Observation Home is an institution, where neglected and delinquent juveniles are kept for a few weeks or pending decision of the cases. Children are brought by the police or probation officers or parents voluntarily admit them. During their stay in the institutions, all services are provided including food, clothing and shelter. In the institution, children may be disposed off either by committing them to a Juvenile Home for long term treatment or may be handed over to their parents based on the nature of the case. In Observation Home, Juvenile Justice Board decides juveniles cases and handover to the parents on conditions of attending to Juvenile Justice Board sittings. 13.9 SUMMARY  Social Norms are important determinants of health-related behaviours and feature in a number of prominent psychological theoretical models of health behaviour.  Social norms are typically defined as “rules and standards that are understood by members of a group, and that guide or constrain social behaviours without the force of law”  Social norms tend to work in an implicit manner, where individuals’ perceptions of normative behaviours are used to guide behavioural patterns and intentions, but can be based on direct and explicit communication between group members.  Social control refers to the mechanisms a society uses to get individuals to conform. Sociologists define social control as the way that the norms, rules, laws, and structures of society regulate human behaviour.  Deviance is any behaviour that violates social norms, and is usually of sufficient severity to warrant disapproval from the majority of society.  Deviance is defined as the act of doing something that does comply with the norms and the rules of the society, this behaviour goes against the general ways of behaving and is often subject to some kind of punishment or penalty that the one engaging in deviant behaviour has to pay.  Deviance is thus an inevitable part of the society but at the same time, there are always measures present in the society to correct the deviant behaviour. 232 CU IDOL SELF LEARNING MATERIAL (SLM)

13.10 KEY WORDS  Absolute Poverty: Also known as subsistence poverty, this is an idea of poverty derived from the minimum requirements for subsistence: what a person must have to live and to make a living  Control Theory:Traditionally most explanations of crime have supposed that being law-abiding is the human default control theory position and that criminality needs explaining.  Crime: Crime is that particular subset of deviance or failure to conform to rules where the rules in question are legal codes.  Culture: The culture of a society is the totality of its shared beliefs, norms, values, rituals, language, history, knowledge and social character.  Customs: Denoting the established norms and patterns of behaviour of a particular society, the term often implies patterns of behaviour that are very old (and some-what redundant) and characteristic of a particular society: Appalachian customs, rural Japanese customs  Juvenile: A juvenile is a child or young person who is not yet old enough to be regarded as an adult.  Judiciary System: The system of law courts that administer justice and constitute the judicial branch of government.  Police System: The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens 13.11 LEARNING ACTIVITY 1. What is the function of Judiciary system? ___________________________________________________________________________ ___________________________________________________________________________ 2. What is the function of Child Welfare Committee? 233 CU IDOL SELF LEARNING MATERIAL (SLM)

___________________________________________________________________________ ___________________________________________________________________________ 13.12 UNIT END QUESTIONS A. Descriptive Questions Short Questions 1. Define Crime? 2. Define Delinquency? 3. State any two example of behaviours that could be considered as crime? 4. State any two examples of behaviours that could be considered as delinquency? 5. What are the different laws that govern crimes in India? 6. What are the different laws that govern delinquency in India? Long Questions 1. Write a note on crime and explain the behaviours that could be considered as crime? 2. Write a note on delinquency and explain the behaviours that could be considered as delinquency? 3. Explain the concept of criminal code in India? 4. What are the different agencies that are related to crime in India? Explain their role in detail? 5. What are the different agencies that are related to delinquency in India? Explain their role in detail? 6. Explain the laws related to delinquency in India? B. Multiple Choice Questions 234 1. Delinquency is a juvenile misconduct that might be dealt with under the law- a. Friedlnader b. Cyril Burt CU IDOL SELF LEARNING MATERIAL (SLM)

c. Ogburn d. Mamoria 2. Delinquency is a kind of________________. a. Abnormality b. Normality c. Behaviour d. Illness 3. The highest court in India is called. a. Parliament b. High Court c. Supreme Court d. Tribunal Court 4. The word crime is derived from ______________________ language. a. Greek b. English c. Latin d. Roman 5. A vice that issues in an evil deed is termed as_______ a. sin b. virtue c. vice d. sin Answers 1-a, 2-a, 3-c. 4-c, 5-d 235 CU IDOL SELF LEARNING MATERIAL (SLM)

13.13 REFERENCES References books  Clinard, M. B., & Quinney, R. (2016). Criminal Behavior Systems: A Typology. London: Routledge.  Turner, Jonathan H., 1987; The Structure of Sociological Theory, Fourth Edition, Rawat Publications, Jaipur.  Henry, Kenneth, 1978, Social Problems: Institutional and Interpersonal Perspectives, Scott, Fopresman and Company, Illinois, London.  Kothari, Rajani, 1988, Transformation and Survival, Ajanta Publications, Delhi.  Lerner, Daniel, 1964, The Passing of Traditional Society, The Free Press, London.  Polanyi, Karl, 1957, The Great Transformation: The Political and Economic Origin of our Time, Beacon Press, Boston.  Merton, Robert K. & Nisbet, Robert, 1976, Contemporary Social Problems, Hercourt Brace Iovanovich, International Editing, New York, Chicago.  Singh, Yogendra, 1988, Modernizations of Indian Tradition, Reprint, Rawat Publication, Jaipur.  Ancel, Marc (1965), Social Defence – A Modern Approach to Criminal Problems, Routlege and Kegan Paul, London.  Bhattacharya, S.K. (1981), “The Concept and Areas of Social Defence”, in Readings in Social Defence edited by N.C. Joshi and V.B. Bhatia, Wheeler Publishing, Allahabad.  Government of India (Ministry of Social Welfare) (1974), Social Defence in India, National Institute of Social Defence, New Delhi.  Government of India (Ministry of Social Welfare) (1980), National Institute of Social Defence: A Perspective, NISD Publication, New Delhi.  Srivastava, S.P., April (2000), “Explaining the Concept of Social Defence”, Social Defence, Vol. 49, No. 144. 236 CU IDOL SELF LEARNING MATERIAL (SLM)

Textbooks  Ahuja, Ram (1992), Social Problems in India, Rawat Publications, Jaipur.  Keneth, Henry (1978), Social Problems: Institutional and Interpersonal Perspectives, Scott, Fopresman and Company, Illinois, London.  Merton, Robert K, and Robert Nisbet (1971), Contemporary Social Problems, Fourth Edition, Harcourt Brace and Co., New York.  Memoria, Dr. C.B. (1960), Social Problems and Social Disorganisation in India, Kitab Mahal, Allahabad.  Annual Report 2003, National Commission for Women, New Delhi.  Annual Report 2002-2003, Ministry of Social Justice and Empowerment, Government of India.  Cooley, C.H. (1902), Human Nature and Social order, Scribner, New York.  Crime in India (2003), Annual Report, National Crime Records Bureau, New Delhi.  Merton, (1957), R.K., Social Theory and Social Structure, Free Press, Glencoe, Illinois.  Ram, Ahuja (1997), Social Problems in India, Rawat Publications, New Delhi.  William, Scott (1988), Dictionary of Sociology, Goyl Saab Publishers, New Delhi. Website  https://open.lib.umn.edu.  https://www.sociologylens.in/2021/03/social-problems.html  https://academic.oup.com/socpro  https://www.oxfordbibliographies.com/ 237 CU IDOL SELF LEARNING MATERIAL (SLM)

UNIT- 14 DEVIANCE AND CRIME: DIFFERENCE BETWEEN DEVIANCE AND CRIME STRUCTURE 238 14.0 Learning Objectives 14.1 Introduction 14.2 Crime and Delinquency 14.3 Sociological theories of Crime 14.4 Strain theory 14.5 Social learning theory 14.6 Control theory 14.7 Preventing Crime 14.8 Types of Prevention 14.8.1 Primary Prevention 14.8.2 Secondary Prevention 14.8.3 Tertiary Prevention 14.8.4 Short -Term Prevention 14.8.5 Social Prevention 14.8.6 Developmental prevention 14.8.7 Long term prevention 14.8.8 Shame prevention 14.8.9 Active prevention 14.8.10 Non penal prevention 14.8.11 Penal prevention 14.8.12 Judicial prevention 14.8.13 Disciplinary prevention 14.8.14 Common prevention 14.8.15 Special prevention 14.8.16 Situational prevention CU IDOL SELF LEARNING MATERIAL (SLM)

14.9 Summary 14.10 Key Words 14.11 Learning Activity 14.12 Unit End Questions 14.13 References 14.0 LEARNING OBJECTIVES After studying this unit, you will be able to;  Elaborate on the similarities between the concepts of deviance and crime  Elaborate on the differences between the concepts of deviance and crime  Describe the criteria used to describe a person as deviant.  Describe the criteria used to describe the person as criminal.  Understand ways in which the society reacts to or deals with a person with deviant tendencies  Understand how the society and law responds to crime or a criminal 14.1 INTRODUCTION Whenever people get together to satisfy individual and group needs, they set limits and make rules to regulate behaviour. Wherever there have been rules and regulations, there have also been individuals who have not followed the permitted conduct. Every society, in the process of growth, develops certain values and norms for expected behaviour. Some of these norms later get codified into laws. Their violations become punishable by the state. The term ‘crime’ means a form of anti-social behaviour that violates public sentiment to such an extent that is forbidden by law. A crime is an act which the public regards as dangerous and condemns and punishes the perpetrator of such an act. Crime thus represents a specialised portion of the totality of undesirable behaviour. There is a large field of unethical conduct which is not punishable by law. Such behaviour is left to the control of the public. The borderline between crime and unethical or immoral behaviour is little. Acts which in some countries are regarded as crimes, 239 CU IDOL SELF LEARNING MATERIAL (SLM)

are viewed as only unethical in others. Only when such practices are considered dangerous enough to call for legislative action, they do qualify to be called crimes in any society. For example, buying or selling liquor may be a crime in one state in India while it is not the same in other states. Excessive drinking, though considered unacceptable will not be a legal wrong, where drinking liquor is otherwise permitted. Failure to honour one’s parents will be unethical but not a legal wrong i.e., crime. 14.2 CRIME AND DELINQUENCY Ever since society was organized and the codes of conduct were formulated, there have always been individuals who have violated these codes. Always, and everywhere, some juveniles and many adults have flouted the patterns of permitted behaviour. The increase in such behaviour has reached alarming proportions. These unlawful activities have become intolerable in many part of the world. In comparison, we in India may be considered somewhat fortunate. However, in absolute terms the loss of life, property, and the pain inflicted is reaching quite serious dimensions. These days, on an average, one person is murdered every seventeen minutes. Twenty seven females are raped every day. A riot takes place every five minutes and forty-seven persons are kidnapped or abducted every day. A robbery or docoity is committed every sixteen minutes and three hundred and fifty three houses are broken into and burgled every day. And one theft takes place every minute and a half. The value of property stolen annually is in the range of three hundred and thirty five crores of rupees of which only about 1/3 is recovered by the police. When we consider Indian Penal Code offences (like murder, rape, kidnapping, abduction, riot, robbery, burglary, theft, cheating, etc.), little more than twenty three lakh persons were arrested by the police during 1989. Additionally, there were about forty lakh persons arrested for offences under the Local and Special Laws like Prohibition Act, Gambling Act, Excise Act, Indian Railways Act, Immoral Traffic Prevention Act, Narcotics Act, etc. Out of these total arrests of sixty three lakh persons, juveniles accounted for about thirty six thousand — 24,777 boys and 11,615 girls. 14.3 SOCIOLOGICAL THEORIES OF CRIME The next section deals with the three major sociological theories of crime and delinquency: strain, social learning, and control theories. It then briefly describes several other important 240 CU IDOL SELF LEARNING MATERIAL (SLM)

theories of crime, most of which represent elaborations of these three theories. Finally, efforts to develop integrated theories of crime are briefly discussed. All of the theories that are described explain crime in terms of the social environment, including the family, school, peer group, workplace, community, and society. These theories, however, differ from one another in several ways: they focus on somewhat different features of the social environment, they offer different accounts of why the social environment causes crime, and some focus on explaining individual differences in crime while others attempt to explain group differences in crime (e.g., why some communities have higher crime rates than other communities). 14.4 STRAIN THEORY Why do people engage in crime according to strain theory? 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. Money is perhaps the central goal. All people, poor as well as rich, are encouraged to work hard so that they might make a lot of money. Further, money is necessary to buy many of the 241 CU IDOL SELF LEARNING MATERIAL (SLM)

things we want, including the necessities of life and luxury items. Many people, however, are prevented from getting the money they need through legal channels, such as work. This is especially true for poor people, but it is true for many middle-class people with lofty goals as well. As a consequence, such people experience strain and they may attempt to get money through illegal channels—such as theft, selling drugs, and prostitution. Studies provide some support for this argument. Criminals and delinquents often report that they engage in income- generating crime because they want money but cannot easily get it any other way. And some data suggest that crime is more common among people who are dissatisfied with their monetary situation—with such dissatisfaction being higher among lower-class people and people who state that they want \"a lot of money.\" Closely related to the desire for money is the desire for status and respect. People want to be positively regarded by others and they want to be treated respectfully by others, which at a minimum involves being treated in a just or fair manner. While people have a general desire for status and respect, theorists such as James Messerschmidt argue that the desire for \"masculine status\" is especially relevant to crime. Finally, a major goal of most adolescents is autonomy from adults. Autonomy may be defined as power over oneself: the ability to resist the demands of others and engage in action without the permission of others. Adolescents are often encouraged to be autonomous, but they are frequently denied autonomy by adults. The denial of autonomy may lead to delinquency for several reasons: delinquency may be a means of asserting autonomy (e.g., sexual intercourse or disorderly behavior), achieving autonomy (e.g., stealing money to gain financial independence from parents), or venting frustration against those who deny autonomy. 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. 242 CU IDOL SELF LEARNING MATERIAL (SLM)

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. 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. 14.5 SOCIAL LEARNING THEORY Why do people engage in crime according to social learning theory? They 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 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. Differential reinforcement of crime 243 CU IDOL SELF LEARNING MATERIAL (SLM)

Individuals may teach others to engage in crime through the reinforcements and punishments they provide for behavior. Crime is more likely to occur when it (a) is frequently reinforced and infrequently punished; (b) results in large amounts of reinforcement (e.g., a lot of money, social approval, or pleasure) and little punishment; and (c) is more likely to be reinforced than alternative behaviors. Reinforcements may be positive or negative. In positive reinforcement, the behavior results in something good—some positive consequence. This consequence may involve such things as money, the pleasurable feelings associated with drug use, attention from parents, approval from friends, or an increase in social status. In negative reinforcement, the behavior results in the removal of something bad—a punisher is removed or avoided. For example, suppose one's friends have been calling her a coward because she refuses to use drugs with them. The individual eventually takes drugs with them, after which time they stop calling her a coward. The individual's drug use has been negatively reinforced. According to social learning theory, some individuals are in environments where crime is more likely to be reinforced (and less likely to be punished). Sometimes this reinforcement is deliberate. For example, the parents of aggressive children often deliberately encourage and reinforce aggressive behavior outside the home. Or the adolescent's friends may reinforce drug use. At other times, the reinforcement for crime is less deliberate. For example, an embarrassed parent may give her screaming child a candy bar in the checkout line of a supermarket. Without intending to do so, the parent has just reinforced the child's aggressive behavior. Data indicates that individuals who are reinforced for crime are more likely to engage in subsequent crime, especially when they are in situations similar to those where they were previously reinforced. Beliefs favorable to crime Other individuals may not only reinforce our crime, they may also teach us beliefs favorable to crime. Most individuals, of course, are taught that crime is bad or wrong. They eventually accept or \"internalize\" this belief, and they are less likely to engage in crime as a result. Some individuals, however, learn beliefs that are favorable to crime and they are more likely to engage in crime as a result. 244 CU IDOL SELF LEARNING MATERIAL (SLM)

Few people—including criminals—generally approve of serious crimes like burglary and robbery. Surveys and interviews with criminals suggest that beliefs favoring crime fall into three categories. And data suggest that each type of belief increases the likelihood of crime. First, some people generally approve of certain minor forms of crime, like certain forms of consensual sexual behavior, gambling, \"soft\" drug use, and—for adolescents—alcohol use, truancy, and curfew violation. Second, some people conditionally approve of or justify certain forms of crime, including some serious crimes. These people believe that crime is generally wrong, but that some criminal acts are justifiable or even desirable in certain conditions. Many people, for example, will state that fighting is generally wrong, but that it is justified if you have been insulted or provoked in some way. The imitation of criminal models Behaviour is not only a function of beliefs and the reinforcements and punishments individuals receive, but also of the behaviour of those around them. In particular, individuals often imitate or model the behaviour of others—especially when they like or respect these others and have reason to believe that imitating their behaviour will result in reinforcement. For example, individuals are more likely to imitate others' behaviour if they observe them receive reinforcement for their acts. Social learning theory has much support and is perhaps the dominant theory of crime today. Data indicates that the people one associates with have a large impact on whether or not one engages in crime, and that this impact is partly explained by the effect these people have on one's beliefs regarding crime, the reinforcements and punishments one receives, and the models one is exposed to. 14.6 CONTROL THEORY Strain and social learning theorists ask, Why do people engage in crime? They then focus on the factors that push or entice people into committing criminal acts. Control theorists, however, begin with a rather different question. They ask, Why do people conform? Unlike strain and social learning theorists, control theorists take crime for granted. They argue that all people have needs and desires that are more easily satisfied through crime than through legal channels. For example, it is much easier to steal money than to work for it. So in the eyes of control theorists, crime requires no special explanation: it is often the most expedient 245 CU IDOL SELF LEARNING MATERIAL (SLM)

way to get what one wants. Rather than explaining why people engage in crime, we need to explain why they do not. According to control theorists, people do not engage in crime because of the controls or restraints placed on them. These controls may be viewed as barriers to crime—they refer to those factors that prevent them from engaging in crime. So while strain and social learning theory focus on those factors that push or lead the individual into crime, control theory focuses on the factors that restrain the individual from engaging in crime. Control theory goes on to argue that people differ in their level of control or in the restraints they face to crime. These differences explain differences in crime: some people are freer to engage in crime than others. Control theories describe the major types of social control or the major restraints to crime. The control theory of Travis Hirschi dominates the literature, but Gerald Patterson and associates, Michael Gottfredson and Travis Hirschi, and Robert Sampson and John Laub have extended Hirschi's theory in important ways. Rather than describing the different versions of control theory, an integrated control theory that draws on all of their insights is presented. This integrated theory lists three major types of control: direct control, stake in conformity, and internal control. Each type has two or more components. Direct control When most people think of control they think of direct control: someone watching over people and sanctioning them for crime. Such control may be exercised by family members, school officials, co-workers, neighbourhood residents, police, and others. Family members, however, are the major source of direct control given their intimate relationship with the person. Direct control has three components: setting rules, monitoring behaviour, and sanctioning crime. Direct control is enhanced to the extent that family members and others provide the person with clearly defined rules that prohibit criminal behaviour and that limit the opportunities and temptations for crime. These rules may specify such things as who the person may associate with and the activities in which they can and cannot engage. Direct control also involves monitoring the person's behaviour to ensure that they comply with these rules and do not engage in crime. Monitoring may be direct or indirect. In direct monitoring, the person is under the direct surveillance of a parent or other conventional \"authority figure.\" In indirect monitoring, the parent or authority figure does not directly 246 CU IDOL SELF LEARNING MATERIAL (SLM)

observe the person but makes an effort to keep tabs on what they are doing. The parent, for example, may ask the juvenile where he or she is going, may periodically call the juvenile, and may ask others about the juvenile's behaviour. People obviously differ in the extent to which their behaviour is monitored. Finally, direct control involves effectively sanctioning crime when it occurs. Effective sanctions are consistent, fair, and not overly harsh. Level of direct control usually emerges as an important cause of crime in most studies. Stake in conformity The efforts to directly control behaviour are a major restraint to crime. These efforts, however, are more effective with some people than with others. For example, all juveniles are subject to more or less the same direct controls at school: the same rules, the same monitoring, and the same sanctions if they deviate. Yet some juveniles are very responsive to these controls while others commit deviant acts on a regular basis. One reason for this is that some juveniles have more to lose by engaging in deviance. These juveniles have what has been called a high \"stake in conformity,\" and they do not want to jeopardize that stake by engaging in deviance. So one's stake in conformity—that which one has to lose by engaging in crime—functions as another major restraint to crime. Those with a lot to lose will be more fearful of being caught and sanctioned and so will be less likely to engage in crime. People's stake in conformity has two components: their emotional attachment to conventional others and their actual or anticipated investment in conventional society. If people have a strong emotional attachment to conventional others, like family members and teachers, they have more to lose by engaging in crime. Their crime may upset people they care about, cause them to think badly of them, and possibly disrupt their relationship with them. Studies generally confirm the importance of this bond. Individuals who report that they love and respect their parents and other conventional figures usually commit fewer crimes. Individuals who do not care about their parents or others, however, have less to lose by engaging in crime. A second major component of people's stake in conformity is their investment in conventional society. Most people have put a lot of time and energy into conventional activities, like \"getting an education, building up a business, [and] acquiring a reputation for virtue\" (Hirschi, p. 20). And they have been rewarded for their efforts, in the form of such 247 CU IDOL SELF LEARNING MATERIAL (SLM)

things as good grades, material possessions, and a good reputation. Individuals may also expect their efforts to reap certain rewards in the future; for example, one might anticipate getting into college or professional school, obtaining a good job, and living in a nice house. In short, people have a large investment—both actual and anticipated—in conventional society. People do not want to jeopardize that investment by engaging in delinquency. Internal control People sometimes find themselves in situations where they are tempted to engage in crime and the probability of external sanction (and the loss of those things they value) is low. Yet many people still refrain from crime. The reason is that they are high in internal control. They are able to restrain themselves from engaging in crime. Internal control is a function of their beliefs regarding crime and their level of self-control. Most people believe that crime is wrong and this belief acts as a major restraint to crime. The extent to which people believe that crime is wrong is at least partly a function of their level of direct control and their stake in conformity: were they closely attached to their parents and did their parents attempt to teach them that crime is wrong? If not, such individuals may form an amoral orientation to crime: they believe that crime is neither good nor bad. As a consequence, their beliefs do not restrain them from engaging in crime. Their beliefs do not propel or push them into crime; they do not believe that crime is good. Their amoral beliefs simply free them to pursue their needs and desires in the most expedient way. Rather then being taught that crime is good, control theorists argue that some people are simply not taught that crime is bad. Finally, some people have personality traits that make them less responsive to the above controls and less able to restrain themselves from acting on their immediate desires. For example, if someone provokes them, they are more likely to get into a fight. Or if someone offers them drugs at a party, they are more likely to accept. They do not stop to consider the long-term consequences of their behavior. Rather, they simply focus on the immediate, short- term benefits or pleasures of criminal acts. Such individuals are said to be low in \"self- control.\" 14.7 PREVENTING CRIME Crime prevention is defined as “the anticipation, the recognition, and the appraisal of a crime risk and the initiation of action to remove or reduce it.” The first step in crime prevention is 248 CU IDOL SELF LEARNING MATERIAL (SLM)

to realize that in order to prevent crime or becoming a crime victim we must accept that crime prevention is a shared responsibility. It is not a college problem or a police problem. It is a societal problem that can only be properly addressed by the entire campus community. On a college campus that includes, students, faculty, staff, visitors and neighbours. Therefore, campus safety is truly a shared responsibility. Three elements must be present for a crime to occur; desire, ability and opportunity. This is also known as the crime triangle. A person may “want” to commit a crime, and have the “ability” to commit a crime, but if we deny them the “opportunity”, then no crime can be committed. Historically, the primary goal of crime prevention has been to apprehend criminals. Although this goal is still important, the goal of preventing crime and also reducing the cost of crime has taken on significant importance. Our goal is to help individuals prevent crime by helping them make decisions in their everyday lives to reduce the opportunity for crime to occur, whether on campus or not. 14.8 TYPES OF PREVENTION 14.8.1 Primary Prevention The primary prevention is to protect individuals from fighting all areas of crime that fall within the framework of social development [3]. At this stage of prevention, people are trying not to commit crime. At this level of prevention, the goal is to improve living conditions in order not to offend people, and to produce values that improve healthy relationships. In primary prevention, more attention is paid to the crime event than to the instigated offender. This approach has also been linked to Hendel Lang’s lifestyle theory. 14.8.2 Secondary Prevention The secondary prevention is to use methods to protect people at risk. Like: addicts, street vagabonds and street children. In this type of prevention, the goal is to prevent the occurrence of crime by people who are in critical condition and likely to be victimized by the use of appropriate and early measures. For example, in the prevention of addiction, the focus is on those who entertain in the form of recreation and have not yet reached the level of addiction. Also, children living in disadvantaged families and poorer neighbourhoods in poor conditions, or young people who have experienced violence in their homes, are more likely to commit criminal misconduct than others. 249 CU IDOL SELF LEARNING MATERIAL (SLM)

14.8.3 Tertiary Prevention This kind of prevention includes programs such as counselling for women and children, criminal interventions, and various groups. Preventive efforts at this stage are to prevent criminal behaviour so that criminals can adapt and adapt to their social environment and not re-commit crimes. The third prevention is used as a result of detecting or detecting or detecting operations for arresting the offender, imprisoning a convicted person, or sentencing and rehabilitating a prisoner. This division is done by Caplan. 14.8.4 Short -Term Prevention Short-term prevention is a set of short-term solutions. Such as: providing more illumination of streets, alleys and public places, tailor-made and deterrent penal laws, setting up work institutions, providing decent leisure facilities, protecting children who are harassed and abused by the family Closing neighbourhoods and crime areas, preventing the broadcasting of violent programs on television, and equipping the police and law enforcement forces to reduce the chance of occurrence of deviance or crime In dealing with social and cultural issues, due to systematic and long-term planning, one cannot overlook preventive measures in the short and long term. This prevention includes “community-based prevention” or “social prevention” and “early prevention”. 14.8.5 Social Prevention This kind of prevention includes measures and interventions that seek to eliminate or reduce the causes of crime and thereby prevent delinquency by intervening in the development process of individuals, improving their living conditions and normalizing the social and natural. According to Gessen [6], this kind of prevention is said to be social prevention as a result of social worker prevention experiences without interfering with police and justice discussions, and focusing on the inadequacies of juvenile delinquents and their growth environment [7]. One of the goals of this type of prevention is to reduce or eliminate the causes of crime in the social environment and is essentially designed to help change the situation of delinquency in local and residential communities. Establishment of recreational areas and parks for recreation, the establishment of educational, educational, cultural centres, creating income generation and job creation in neighbourhoods, strengthening religious beliefs through effective and appropriate activation of local religious centres, the formation of local police 250 CU IDOL SELF LEARNING MATERIAL (SLM)