EXAMINING THE CAUSES OF JUVENILE

DELINQUENCY IN PAKISTAN

Fakhurnissa Talpur1,
Pervez A. Pathan2
& Parveen Shah3
ABSTRACT
Juvenile delinquency refers to the behavior of the young
people that violates the legal and social norms ranging
from minor to serious types of actions which are against
the society and family values (Champion, 1992). Young
people involved in deliberate criminal acts take illegal
advantage of the opportunities and continue with their
criminal acts to become adult criminal. It has been
considered that young people are at risk of delinquency
who has suffered difficult life experiences like poverty,
family dysfunction, substance abuse, childhood abuse
and broken family. Further, unstable social
environment, poorly developed skills and negative
influence of peers predispose the young to delinquency.
This paper investigates the socio-cultural factors and
their influence on young people in adapting delinquent
behavior in Pakistan. The paper also presents a
historical background about the deviant behavior and
presents statistics on the on trends in juvenile
delinquency in Pakistan.
Key words: Juvenile delinquency; Crime; Conviction Rates; socio-
cultural frame; Kidnapping; and Reformations process.
INTRODUCTION
Juvenile delinquency is the broad-based term given to juveniles who
commit crimes. The term Juveniles is defined as those people who
have not reached adulthood or at the age of maturity4. Delinquency

1
Professor Dr Fakhurnissa Talpur, Ex-Director Department of Criminology, University of Sindh,
Jamshoro
2
Professor Dr Pervez Ahmed Pathan, Director, Sindh Development Study Centre, University of
Sindh, Jamshoro
3
Professor Dr Perveen Shah, Former Pro-Vice Chancellor, University of Sindh, Jamshoro
4
The adulthood or the age of majority in a court system is predetermined by law, especially for
minor crimes. Major crimes may force the courts to decide to try a juvenile as an adult, a very
34 Examining the Causes of Juvenile Delinquency in Pakistan

can be defined as the committing of those things considered crimes by

the state, although delinquent can also mean abandoned. Thus, juvenile
delinquency can cover anything from small crime. For example,
student steals from the fallow student to very serious crimes like
lawbreaking i.e. theft and murder. It is argued that delinquency is anti-
social behavior against the norms of the society and laws. The paper
aims at conceptualizing the socio-cultural frame in a society; paper also
then explains key factors like interpersonal interactions; community
ecological conditions; social change and socioeconomic status that
instigate juveniles to adapt delinquent behavior. The paper is divided
into three major parts: Part one presents background; part two show
statistics examining trends of juvenile delinquency in Pakistan. Part
three highlights key conclusion and recommendations.

BACKGROUND
There are many schools of thoughts5 as to the primary factors that
contribute to juvenile delinquency. However, it is certainly the case
that children who are neglected, abused or impoverished are
statistically more likely to fall into delinquency trend. It is mentioned
that delinquent behavior is not restricted to only above situation,
juveniles who have good and loving parents, and suitable living
circumstances may still fall in delinquent behavior.
Juvenile delinquency refers to “any act which, if committed by an
adult, would be a crime.” Juvenile delinquency includes “serious
criminal activity”. Delinquency is an activity to be called as crime if
committed by under age children (18 years) but the same behavior may
not be called a crime if is committed by an adult. Juvenile delinquency
relates to the specific of the age at the time of the commission of any
criminal activity. Children who are in between 7 to 18 years are liable
for the accusation of their behavior. Children below 7 years as British
law considers are not capable enough to have understanding between
the right and wrong so do not possess the criminal intent (mens rea).
Juvenile is a child between the age of 7 to 18 years and delinquency is
the deviant behavior of the juvenile. Different countries according to

important distinction, since sentencing can then mean not just spending adolescence, but a
lifetime in prison.
5
Boyden, J. (1997); Durkheim, Emile (1933); and Vold, George B. and Thomas J. Bernard
(1986).
THE WOMEN - Annual Research Journal Vol.4 35

their sensitivity of the nature of the behavior and criminal statues fix
the ages of the children as responsible for their delinquent acts.
Young people are the major concern of the society, their positive
behavior is very much important for the smooth running of the society
which is why their behavior from very childhood has been under study
of the sociologists and concerned professionals. It is natural that all
people do not behave same way, there are multiple factors which affect
on the behavior of the people of all ages and resultantly social or
asocial pattern of the behavior get developed. Crime is a behavior
which is regarded as against the established laws and regulations of the
society and justice system has codified laws to punish and deter the
person responsible for their behavior/action.
Juvenile delinquency is referred to the behavior in violation of the
criminal code committed by a youth not attained the age of maturity. It
is essential to understand the term delinquent and delinquent act, that
delinquent is the official term or label assigned a person below age
who has deviated from the community norms and specific act which
was in violation of the criminal code is called as delinquent act. A
juvenile who breaks the school window or fights with other youth
person is not automatically labeled as delinquent until series of the acts
likewise are acted upon. Juvenile delinquency is primarily of two
types: criminal offences and status offences. Acts like aggravated
assault, rape, homicide, arson, larceny and drug related are illegal
whether committed by minor or an adult and would be considered as
crimes. These acts are the major concern of the criminal justice system
and prompt actions are taken against to prevent the same. While status
offences would not called crime if committed by an adult for example,
running away from home, stay late night out of home, smoking
cigarettes and leaving the office early but the same acts if are
committed by a juvenile would be considered as delinquent acts in
nature.
British common law did not make the below 7 years of children as
legally responsible for delinquent acts, because it was considered that
below the 7 years children did not have criminal intent6 required for
the conviction. Children below the 7 were considered not having
understanding to differentiate from right and wrong. Neil Postman
(1982) explains it that the children had command of their speech at 7

6
Means area
36 Examining the Causes of Juvenile Delinquency in Pakistan

and above years that was also the reason that 7 was selected as
responsible age for the delinquent acts.
For the children who were deviant and thought as stubborn, law was
passed in Massachusetts in 1646, as this law was under the influence of
the Puritans in America colonies, made the children accountable to
obey the commands of their parents. Parents had to bring their children
who had disobeyed them to the court which was to execute the death
penalty to the children. Before the 17th century, the children were
dressed and treated like adults, dancing with adults, involvement in sex
and playing with private parts did not make them delinquent children,
but later the societal views regarding the children changed especially in
Europe and life styles changed so the children were treated different
from adults. Presently, the children becomes the concern of the
community, moral and spiritual development of the children were
given importance, display of the private parts by children were
considered immoral and guidance and supervision were offered to
those children who were involved in such deviant activities. As the
children below 7 years were deemed as innocent and lacking the
criminal responsibility, the term adolescent came to be used for the
children in the time when in the mid of the 15th century the books were
published and children were taught to understand about their behavior
Postman, 1982.
Postman, 1982, explains that social factors lead the individuals to adopt
the delinquency in the course of their life. If peers, family members,
school and justice agencies have negatively affected the juvenile, he or
she would engage in delinquency and that refers to the interpersonal
interactions of juvenile with above agents. Community ecological
conditions like bad conditions of the inner city areas, poor living styles
and class differences would lead the individuals to delinquency. Social
change that political upheaval, economic uncertainty and governmental
ill decisions would negatively affect the minds of the young people.
Socioeconomic status in the society would create conflict in mind of
the individuals leading to lack of understanding and differentiating
between right and wrong.
It is explained that criminology is to discover the ‘patterns of social life
and offer explanations for them’. It is to find out and evaluate the
correlates of the social action that why certain people adopt different
social actions: criminal and non-criminal- whether individual
THE WOMEN - Annual Research Journal Vol.4 37

characteristics or contextual factors lead the individuals to follow their

choice or chose the alternatives for their course of action (Postman,
1982). Environment as external force influence the individuals for
behavior settings: social and a social behavior and it is in cultural and
structural context help create the situations where individuals make
choices for their actions.. Juvenile delinquent who is under age usually
below 18, committed a crime may not be sentenced as an adult.
However, in USA, legislatures of several states reduces the age of
criminal responsibility for serious crimes or for repeat offenders to as
low as fourteen years.
Tendency of Juvenile delinquency in Pakistan
Juvenile delinquency is referred to the behavior in violation of the
criminal code committed by a youth not attained the age of maturity. It
is essential to understand the term delinquent and delinquent act, that
delinquent is the official term or label assigned a person below age
who has deviated from the community norms and specific act which
was in violation of the criminal code is called as delinquent act. A
juvenile who breaks the school window or fights with other youth
person is not automatically labeled as delinquent until series of the acts
likewise are acted upon. Juvenile delinquency is primarily of two
types: criminal offences and status offences. Acts like aggravated
assault, rape, homicide, arson, larceny and drug related are illegal
whether committed by minor or an adult and would be considered as
crimes. These acts are the major concern of the criminal justice system
and prompt actions are taken against to prevent the same. While status
offences would not called crime if committed by an adult for example,
running away from home, stay late night out of home, smoking
cigarettes and leaving the office early but the same acts if are
committed by a juvenile would be considered as delinquent acts in
nature. In Pakistan and elsewhere juvenile delinquency is an antisocial
behavior of the children and adolescents. Children and adolescents
involved in antisocial behavior violate the basic norms, rights and rules
of the society, for example; telling lie is the breaking of the norm,
stealing is the violation of the rights of one’s property and running
away from school is the breaking of the rule of the school.
Juvenile delinquency a social phenomenon refers to the behavior that
violates the law. The growth of the industrialization, increasing
urbanization and prevailing conditions in the labor class triggered the
38 Examining the Causes of Juvenile Delinquency in Pakistan

problem of delinquency among children and adolescents, and criminal

tendencies in Pakistan; it is emerged in the society in the conflict of the
discrimination between the social classes Such as varying state of pace
of development in urban and rural society; unemployment rates; and
literacy rates. Social reformists in these conditions demanded the
changing role of the family, social institutions and governmental
attention, and also called for the immediate actions to deal with this
distinctive social problem of the society posed by the children.
The study conducted by Khalid and Cheema (2004) reported dispute
between child’s parents, and electronic media significantly influence
the juvenile crime. The found through carrying out research in the
Faisalabad jail the 70 percent juveniles caught on the charges of
murder, they had difficult domestic life where they parents had regular
conflict of social and economic nature.
Figure 1

Source: Home department Government of Sindh, 2011

THE WOMEN - Annual Research Journal Vol.4 39

Figure 2

Source: Home department Government of Sindh, 2011

The offenders’ responsibility age is described as 7 to 12 years in

Pakistan. The age of responsibility derived from a range of criterion
such as levels of maturity understanding and initiatives. There is a
debate which suggests that the criminal responsibility be raised to 14
years. They argued that some other influencing factors could be used
while setting the age of responsibility of juvenile offenders. These
factors included as state of intellectual openness, mental approach for
deciding about a right or wrong levels of emotional intend dealing with
problem situation historical and cultural background in which the
convict is grown.

Figure 3: Juveniles in Prisons 2002-2009

Source: Home department Government of Sindh, 2011

40 Examining the Causes of Juvenile Delinquency in Pakistan

Human Rights Watch organizations such as the U.N. Commission for

Human Rights reports that the juveniles in prisoners in Pakistan are not
treated in accordance with the international treaties and declarations.
The juveniles are not separated and kept in prison cells with adults,
they are brought into the torture, sex offence and inhuman treatment
while they are in the custody or while kept in the prisons. Ideally the
juveniles are brought to prison with the intention that they will be
reformed through training and rehabilitation processes so that once
they come out of the prison they enjoy a successful life and become a
part of community.

Figure 4

Source: Home department Government of Sindh, 2011

The reformatory school Act 1987 provides a provision of creating
Boarstal institutions and industrial school. It also recommends that, in
the case where juveniles are kept more than 3 months they are sent to
Boarstal Schools. Human Rights Commissions in 2008 reported that a
around 22% of inmates are kept in the industrial schools in Karachi
were tortured by inmates. Also these schools provide an ideal
environment of using drugs and other narcotics. In Bahawalpur
juveniles are kept in solely confinement were to put in shackles the
idea was to reform them. On the whole Pakistan fails to provide
juvenile institutions and it fails to protect juvenile rights even though
there are laws but the outcome has always been a question mark. In
situation where separate ward cannot be made available they are kept
in a cell especially during nights. While in the custody, the juveniles
are subjected to all kinds of torture including physical manhandling
THE WOMEN - Annual Research Journal Vol.4 41

and abuse etc. Regularly these juveniles are faced with sexual abuse by
adult prisons.
Crime Scenario in Pakistan
Crime rate is increasing in Pakistan partly because of the socio-
economic conditions and deteriorating of social institutions and other
by the ineffective criminal justice. Pakistan is a heterogeneous
developing society undergoing a metamorphosis, where the state has
still a weak writ of the governance required to ensure rule of law and
democratic values. The criminal justice system is contaminated by
corruption, political intervention, and a low level of capacity building.
The policies of the justice system are based on a product of a
whimsical approach to leadership rather than research.
Table 1: Reported Crime 2000 to 2011 in Pakistan
All Kidna-
Year Murder Dacoity Robbery Others
Crimes pping
2000 388,909 8908 7126 1297 7513 304081

2001 378301 9526 6548 1372 7612 304605

2002 399558 9396 6938 1631 8235 325322

2003 400680 9346 8450 1821 8434 321087

2004 440578 9719 9537 2338 11851 350760

2005 483984 9631 9209 2395 12199 358223

2006 537653 10048 10431 2895 14630 428768

2007 538048 10336 10725 3260 16639 432100

2010 592,503 12059 15135 4529 19943 465908

Increased
% (2000 52% 35% 112% 249% 165% 63%
to 2010)

Source: Waheed 2010

42 Examining the Causes of Juvenile Delinquency in Pakistan

Figure 4 Crime Province wise in Pakistan

Source: Waheed, 2010

CONCLUSIONS AND RECOMMENDATIONS

The paper highlighted the historical background that by furcated a
juvenile with the adults. The paper also reviewed condition of jails,
children courts and the socio-economic scenario in Pakistan that
influence the juveniles to become the offender. It was revealed that the
poor employment facilities, family structures, education and health
were the major reasons for a juvenile to adopt delinquent behavior in
the society. Similarly, factors such as sex differences; social
differences; family environment with peer pressures are also attributing
factors that influence juvenile delinquency in Pakistan. All out efforts
must be taken into considerations to minimize the disparities in the
society in Pakistan. Attempt was made to highlight the short comings
in the juvenile justice in Pakistan for example it was explained that in
different time periods the legal definition become, juvenile has been in
conclusive. Finally, the laws in Pakistan are not fully implemented in
the lateral sprit which makes juveniles large scale sufferers while they
are arrested, trialed and placed in the prisons.
THE WOMEN - Annual Research Journal Vol.4 43

REFERENCES
1. Muhammad Athar Waheed 2010 Victims of Crime in Pakistan, a paper
presented in ‘the 14th International Senior Seminar Participants Papers’.
2. Boyden, J. (1997). Childhood and the policy makers: A comparative
perspective on the globalisation of childhood. In A. James and A. Prout
(Eds.), Constructing and reconstructing childhood: Contemporary
issues in the sociological study of childhood (pp. 190-229). London:
Falmer.
3. Champion Dean J. (1972) Research Methods for Criminal Justice and
Criminology. Amazon.com. USA,
4. Champion, D. J. 2001. The American Dictionary of Criminal Justice:
Key Terms and Major Court Cases. Los Angeles: Roxbury Publishing.
5. Cohen, A.K., and Short, J.F., Jr. (1958) Research in Delinquent
Subcultures. Journal of Social Issues,. 14:20–37.
6. Durkheim, Emile (1933) The Division of Labor in Society
7. Government Spending in Pakistan, (2007) PIDE Working Papers,
Pakistan Institute of Development Economics, Islamabad.
8. http://legal-dictionary.thefreedictionary.com/juvenile+delinquency
9. http://www.talktalk.co.uk/reference/encyclopaedia/hutchinson/m00390
84.html.
10. Milloy, J.S. (1999). ‘The charge of manslaughter’: Disease and death,
1879-1946. In J.S. Milloy, A national crime: The Canadian government
and the residential schools system, 1879-1986 (pp. 77-107). Winnipeg:
University of Manitoba Press.
11. Postman, N. (1982). The disappearing child. In N. Postman, The
disappearance of childhood (pp. 120-142). New York: Vintage.
12. Smyth, David and Manas Chitakasem (1998). The Sergeant’s Society:
Essays in Honor of Lauriston Sharp. Ithaca, New York: Cornell.
13. Vold, George B. and Thomas J. Bernard (1986). Theoretical
Criminology, third edition. New York: Oxford University Press.
14. Khalid Mahmood and Muhammad Asghar Cheema (2004) Empirical
Analysis of Juvenile Crime in Punjab, Pakistan Faculty of
Agricultural Economics &Rural Sociology, University of Agriculture,
Faisalabad-Pakitan Pak. j. life soc. sci. (2004), 2(2):136-138