Abstract
Background:
India has a large population of children under 18, one-third of the total population. Jammu and Kashmir (J&K) has experienced an increase in juveniles in conflict with the law compared to the rest of the country. This study aimed to assess the socio-demographic profiles, psychosocial factors, and psychopathology of juveniles in conflict with the law in Kashmir who were referred to our institute for assessment.
Methods:
A retrospective cross-sectional study assessed records from January 2022 to June 2024. Data related to the socio-demographic profile, psychosocial factors, psychiatric disorders, charged offenses, and psychological assessments (Draw a Picture Test [DAPT], Rorschach Inkblot Test [RIBT]) were extracted and analysed.
Results:
The mean age of the subjects was 17.24 years, and all participants were male. A history of child labor was reported in 29.26% of the subjects, while 41.46% (N = 17) experienced familial neglect. Hyperactivity and impulsivity, consistent with ADHD (7.31%), were the most common psychiatric disorders, followed by depression (4.87%) and anxiety disorders (4.87%). In the DAPT, most subjects scored higher on inadequacy, followed by anxiety and social immaturity. In contrast, intact cognitive mediation and an avoidant style were more prevalent in the RIBT. The most common offenses were registered under the Unlawful Activities (Prevention) Act, followed by the Arms Act and the Protection of Children from Sexual Offenses (POCSO) Act.
Conclusion:
Our study observed a link between juvenile delinquency and developmental, psychological, and social factors. Anxiety, hyperactivity, and peer influence were frequently reported among the cases analysed, highlighting areas requiring further exploration. The findings underscore the importance of addressing developmental and mental health conditions, as well as psychosocial factors, in juveniles in conflict with the law. Future research should explore targeted rehabilitation programs and longitudinal studies to establish causality. In limitation, this retrospective study used descriptive statistics, limiting the ability to infer causation.
Juveniles in conflict with the law in Kashmir reveal serious societal issues, with developmental, psychological, and socio-economic factors contributing to adolescents’ vulnerability to criminal behavior. Socio-economic challenges, especially in rural and lower-status areas, and peer influences were associated with juveniles, often alongside psychiatric disorders. Rehabilitative measures, including education, life skills training, and psychological counseling, with community involvement and vocational training to support juveniles’ reintegration and reduce recidivism, are the need of the hour.Key Messages:
India is home to approximately 4,36,637,126 children under 18, 1 comprising one-third of the country’s population. 2 A child below the age of 18 years is considered a juvenile, as per the Juvenile Justice Act (JJA). 3 The term “child in conflict with the law” or “juvenile in conflict with law” refers to a child who has allegedly violated the law, and it becomes an offense and has not completed 18 years of age during the act of committing the offense. 3 According to the JJA 2015, children between 16 and 18 years of age may be tried as adults if they have committed a heinous crime. 3 Childhood is a phase in which children undergo various phases of development in each aspect, whether physical, psychological, emotional, intellectual, or other domains. Their behavior and attitude can be molded if their understanding of the offense and intentions are certain. The establishment of the juvenile justice system was based on the principle that traditional criminal justice goals, such as punishment and retribution, should be replaced by rehabilitation and restorative justice. 4 Instead of being punished for crimes and placed with adult criminals, children and adolescents can be guided to build a brighter future, which may prevent them from further wrong-doings,5,6 which forms the basis of restorative justice. Restorative justice focuses on repairing the damage caused by wrongful action and restoring the well-being of everyone, 7 while retributive justice functions by imposing punishment. 8 The focus on restorative justice for juveniles has been highlighted in various legal cases from India 9 and the United States of America.10,11 A similar emphasis was laid in their convention on children’s rights by UNICEF, 12 and the United Nations. 13
Data from NCRB indicate a total of 29,768 registered juveniles in conflict with the law in 2020, 31,170 in 2021, and 30,555 in 2022, which shows a declining trend. 14 However, this does not go in hand with the Union Territory of Jammu and Kashmir (J&K), as there were 171 juveniles out of 29,768 total juveniles in Conflict with the Law in India (0.57%) in the year 2020, 323 (out of 31,170; 1.03%) in 2021, and 361 (out of 30555; 1.18%) in 2022, 14 depicting an upward rising trend in the union territory of J&K, which goes in contrary to the national pattern of juveniles in conflict with law. Negative or stranded peer relationships, 15 family dynamics, 16 socio-economic factors, substance use,17,18 associated psychiatric disorders, 19 exposure to violence, lack of education and opportunities,20,21 social equality and discrimination have been found to be associated with juveniles in conflict with the law.
Following the abrogation of Article 370, various central legislative acts (including JJA) became operational in the union territory of J&K and are still filling the systemic gaps for implementing child protection services and juvenile justice processes. 22 This contributed to poor handling of juvenile offenders and a lack of appropriate intervention, allowing criminal behavior to persist or escalate. Exposure to sustained conflict and instability, either by witnessing bombing, killings, or becoming a victim or participating in violence, can lead to significant psychological distress among children.23–25 Common manifestations include heightened anxiety, depression, post-traumatic stress disorder (PTSD), and behavioral issues. 26 For instance, a report highlighted that 96% of children in Gaza felt that their death was imminent, with nearly half expressing a desire to die due to severe trauma. 27 The role of parental mental health in conflict regions has also been implicated in the mental health of children. 28 These conflicts often destroy educational infrastructure, displacement of families, and safety concerns, hindering children’s access to schooling. In Cameroon, for example, separatist conflicts have forced hundreds of thousands of students out of education, with schools being targeted and destroyed. 29 Prolonged conflict weakens legal and protective frameworks, making it challenging for children to access justice. Furthermore, the erosion of social services means that children lack the necessary support to navigate legal processes, leaving many without recourse in the face of rights violations. More than two lakh children had lost their parents, and 37% of them are orphans due to armed conflict, as reported by a study. 30 These children in conflict with the law were booked in jails instead of following the JJA act of being kept in the observation home, and various other provisions of JJA were overlooked. 22 Still, data specific to J&K on these aspects remains limited, necessitating further research to understand how these conditions contribute to juvenile delinquency and interactions with the justice system.
There have been only a few studies across various states of India understanding the socio-demographic and psychopathological factors of juveniles in conflict with the law, including one from Madhya Pradesh. 31 However, it did not account for specific cognitive, developmental level, or psychopathological details as assessed using projective tests. In the context of Kashmir, we must conduct this study with the uprising in the number of juveniles in conflict with the law each year and the different scenarios of this region from the rest of India in terms of past and present. This study was aimed at assessing socio-demographic profiles, psychosocial factors, and understanding psychopathology through detailed psychological assessments among juveniles in conflict with the law in Kashmir.
Methods
A retrospective cross-sectional study was conducted among juveniles referred from the Juvenile Justice Board or Child Welfare Committee from January 2022 to June 2024 at Institute of Mental Health and Neurosciences Kashmir (IMHANS-K).
These juveniles were referred to IMHANS-K for intellectual and detailed psychological assessment. This study was conducted after getting approval from the Institutional Review Board of Government Medical College, Srinagar (Jammu and Kashmir, India), and a retrospective review of records was done from the medical board section of our institute.
Our institute gets referrals from various district juvenile boards for preliminary assessments of juveniles in conflict with the law. The institute conducts relevant assessments of such cases based on the NIMHANS module.32,33 The referral letters are sent to the administrative officer of the institute, and the allocated team of psychiatrists and psychologists give the specific dates.
This study included records with complete sociodemographic and psychological assessment details regarding juveniles, whereas those with incomplete information were excluded. A total of 46 records were available, of which five had incomplete information regarding sociodemographic and psychological assessment details and were excluded from the study. A total of 41 records were recruited for this study. A flow diagram is shown in Figure 1.
Flow Diagram Depicting Inclusion of Cases.
Socio-demographic details, including age, gender, dwelling, socio-economic status, family history, and substance use history, were gathered from records. History regarding the family environment, peer relationship, romantic relationship, history of abuse/traumatic experiences, life skill deficit, developmental milestone history, and psychiatric disorder were also collected. Life skill deficit was assessed using the NIMHANS life skills module (for adolescents 13–18 years). 32 Peer relationships were documented based on the narratives provided by multiple informants present with the juvenile. Developmental milestone abnormality was presented, as mentioned in the case records. We have utilized the NIMHANS Child and Adolescent Mental Health manual, 33 for assessing developmental delay. Psychiatric disorders were diagnosed using the International Classification of Diseases–10th edition 34 and the NIMHANS Child and Adolescent Mental Health manual. 33 Cases and offenses under which individual juveniles were booked were also noted. Wechsler Adult Performance Intelligence Scale 35 (WAPIS-PR) assessed intellectual functioning. It is an Indian adaptation of Wechsler’s Adult Intelligence Scale, consisting of Picture completion, Picture arrangement, Block design, Digit symbol, and Object assembly. The intellectual functioning was categorized as provided by Wechsler, D., 36 into IQ = 90–109 (average), 80–89 (below or low average), and 70–79 (borderline). For psychopathological assessment, the Draw A Person Test (DAPT), 37 and the Rorschach inkblot test (RIBT) were administered by an experienced clinical psychologist from our institute. In DAPT, subjects are given a free hand to draw three drawings of a man, a woman, and themselves on three sheets without giving any instruction. DAPT is used to assess cognitive developmental levels.38,39 The RIBT40–42 is a projective psychological test in which subjects are asked to present their views and opinions regarding a set of ten cards. It consists of two phases—the free association and the inquiry phase. The responses are later scored, and a psychopathological assessment is concluded. The projective test, RIBT, was administered on the same day the patient presented for evaluation. In contrast, the WAPIS-PR and DAPT assessments were conducted separately. These assessments took place 7–10 days after the patient’s initial visit. We have noted the main findings of WAPIS-PR, DAPT, and RIBT from the records.
Statistical Analysis
Data were entered in a Microsoft Excel spreadsheet, and analysis was performed in the Statistical Package for Social Sciences 25.0 (IBM Corp.). We summarized categorical variables using percentages and continuous variables as mean and standard deviation (SD).
Results
Case records of 41 juvenile offenders were included in the analysis. The majority were males and belonged to lower socio-economic status (56.09%) with rural background (60.97%). Seven juveniles dropped out of educational institutes, and 12 subjects were child laborers. The majority of subjects had life skills deficits, and familial neglect was present in 41.46% of subjects. Hyperactivity, impulsivity, attention deficit hyperactivity disorder (ADHD) (N = 3; 7.31%) followed by anxiety disorder (N = 2; 4.87%) and depression (N = 2; 4.87%) were among the common psychiatric diagnoses. Complete details regarding socio-demographic, intellectual functioning, life skill deficit, and developmental milestone abnormality are presented in Tables 1 and 2, respectively. On DAPT, inadequacy (24.39%) was commonly reported, followed by anxiety (19.51%). Similarly, on RIBT, the majority had an avoidant style of coping (41.46%) and cognitive mediation intact (63.41%). Complete DAPT and RIBT findings are shown in Tables 3 and 4, respectively.
Sociodemographic, Intellectual Functioning, Life Skill Deficit, and Psychiatric Comorbidities Among Juveniles.
Developmental Milestone Abnormality Across Juveniles.
Draw a Picture Test (DAPT) Findings of Subjects.
Rorschach Inkblot Test (RIBT) Findings of Juveniles.
According to records, charges of the Unlawful Activities (Prevention) Act (ULAP) (43.90%) were dominant among juveniles, followed by the Arms Act (34.14%) and the Protection of Children from Sexual Offences (POCSO) (34.14%). The median number of charges associated with each individual was 5. The rest of the offenses are presented in Table 5.
Offenses Specifically Related to Juveniles.
IPC = Indian Penal Code.
*Either one or multiple sections.
Discussion
As per NCRB, the number of juveniles in conflict with the law in the Jammu and Kashmir territory has increased with each passing year, which is contradictory to the national pattern, as the total number of juveniles in conflict with the law in India is falling. This unique trend empowered us to conduct a study that aimed to provide a descriptive account of juveniles in conflict with the law who were referred to us for preliminary assessment. All subjects were in the adolescent phase, with a mean age of 17.24. These adolescents are more prone to become involved in these criminal behaviors due to several developmental, psychological, environmental, and social factors. The mind of an adolescent is in the developing phase, especially the prefrontal cortex, which is responsible for decision-making capabilities, impulse control, more sensitivity to reward-seeking acts, and understanding the consequences of their actions, which increases their likelihood of getting involved in these hostile acts.43–45 Neuroimaging studies indicate that adolescents frequently exhibit heightened sensitivity to rewards and increased socioemotional reactivity. These neural traits can contribute to a greater propensity for risk-taking and impulsivity, as the developing prefrontal cortex may struggle to regulate emotions and control impulses effectively. This developmental phase can heighten the likelihood of engaging in delinquent behaviors. 46 Further, the imbalance between the developing prefrontal cortex and the limbic system, responsible for processing emotions and rewards, can lead adolescents to favor immediate gratification over long-term outcomes. This neural dynamic may manifest in poor decision-making and a tendency toward risky behaviors, including those contravene legal and social norms. 47 Individuals with below-average intellectual functioning, including 12 with below-average IQ and 10 with borderline IQ, may be more likely to engage in risky behavior, especially when pressured by negative peer influences. This is because they often struggle to understand the consequences of breaking the rules and often fail to comprehend the further consequences of their actions.
Individuals belonging to lower socio-economic status and those hailing from rural backgrounds were more involved in juvenile delinquency in our population. Previous studies have also reported an increased occurrence of juvenile delinquency among those of lower socio-economic status, from India, 48 across the world,49–52 and its greater incidence in rural population.53,54 Two possible theories explain the reasons behind this finding: strain and rational choice theory. The strain theory illustrates how poverty prevents young people from achieving their desired social and economic goals through legally acceptable means, 55 while the rational choice theory elaborates that these youths who are living in lower socio-economic classes have more to gain and less to lose via the wrong way in terms of life quality and future.56,57 In the rural setting, because of growing urbanization, parents of individuals shift to urban cities for work opportunities, and usually, the children and elderly are left behind in the rural areas, creating the so-called – left behind families. 53 Because of this separation, the children do not get involved with their parental figure, which creates a wide gap between their familiar moral values, breaks their attachment, and disintegrates social and emotional bonding. Young individuals are often susceptible to negative peer influences without adequate guidance and mentorship. In the absence of proper support systems, such as family and educators, juveniles may feel compelled to navigate their personal and social challenges independently. This quest for direction can leave them vulnerable to adopting behaviors and values that are misguided and potentially harmful. As they seek acceptance or validation from their peers, they may inadvertently engage in delinquent activities, resulting in choices that could have long-lasting repercussions on their lives and futures. Recognizing the importance of constructive guidance is crucial in mitigating these risks and promoting healthier decision-making pathways for youth. Individuals belonging to such backgrounds often have the knowledge and proper access to legal services; they also do not know their entitled rights when they are held in charge of their activities, and neither is proper, timely legal support provided to them. 58 Considerable work in understanding individuals’ rights and timely legal support by officials should be provided to these underprivileged sections of society.
Moreover, their life skill deficit also makes them vulnerable to a shift towards a criminal mindset. The majority had a deficit in negotiation skills (63.41%), followed by assertiveness (46.34%) and emotional regulation (43.90%), making them difficulty in coping with the difficulties they face in life. The negotiation skill deficit implies they would face difficulties in resolving conflicts and dealing in social settings. A deficit in assertiveness implies that they cannot stand up for their needs and rights without hurting the sentiments of others. This could result in passive outbursts, causing conflicts with law violations. Poor emotional regulation causes inappropriate emotional responses to conflicts, 59 and is linked with both internalizing behavior, such as feeling anxious and depressed, and externalization, that is, aggressive behavior. 60 Our finding of these and other life skill deficits (as presented in Table 1) highlights the importance of intervention programs and life skills training, mainly focusing on those domains. 61
Inadequate attachment in rural families could contribute to children rejecting parental education. Parents often lack the necessary knowledge to guide their children effectively. 53 Our study also included dropouts from schools and colleges (N = 7; 17.07%), supporting this statement further. Individuals who drop out of school may not be able to properly attain educational qualifications, which may limit their future employment and business opportunities, leading to financial instability and engagement in non-ethical measures involving delinquent activities, such as theft and drug dealing. Individuals who cannot attain their basic level of education find themselves in a conflicting space, often questioning their self-esteem as they cannot meet family and societal expectations. Again, this points us to the importance of screening these adolescents for the scholastic domain. The system should ensure proper remediation for juvenile delinquents and resumption of school for them. In order to fulfill financial and societal expectations, they often feel compelled to work during adolescence, making them child laborers. 62 In our study, out of 41 subjects, 12 juveniles were engaged as child laborers. We often talk about the disengagement of children from working at such an early age. However, the law does not adequately support these children who work due to their family’s financial pressure. The system should provide adequate logistics and financial support to families of these juveniles, after proper assessment, wherever needed. This raises another question: Are children in this age group exploiting themselves? Given their family obligations and financial responsibilities, they work as child laborers. This raises serious questions about the criminality of child labor.
Our study also presented psychiatric disorders prevailing in those adolescents, with the majority having hyperactivity and impulsivity (ADHD) (7.31%), followed by anxiety disorder (4.87%) and depression (4.87%). These disorders were reported in juvenile delinquents in previous studies, too.63–65 This can impair an adolescent’s ability to manage their emotion, behavior, and social functioning, making them more likely to engage in criminal activities. Also, when these juvenile delinquents are confined/released and arrive at home, because of the stigma surrounding society and low self-esteem in them, they are predisposed to develop anxiety and depressive features. We also need to address this issue and provide appropriate treatment where necessary.
In the developmental domain, our subjects also had delayed milestones (21.95%), particularly in motor, speech, delayed crying at birth, poor attention, social skills, and global development. Social rejection or isolation and differences in emotional regulation could lead them to engage with delinquent peer circles, which associates them with maladaptive practices. 66 These individuals seek validation or acceptance in other areas, including delinquent peer groups. This also highlights the importance of the different types of peer groups, which makes them more susceptible to peer pressure and directs them towards risky and criminal activities to gain acceptance from the external environment and people around them. 67 A careful review of the peer circle of juvenile subjects should be performed to avoid them getting involved in negative peer influence.
The test findings on DAPT revealed a preponderance of features indicating feelings of inadequacy, anxiety, less social maturity, and rejection. This constellation suggests index cases having experiences of incompetency or feelings of socio-adaptive and interpersonal incompetence. Such experiences of insufficiency about self can be attributed to attachment injuries, lack of proper peer support, low income, as well as difficulties in academic performance. Similarly, in RIBT, the orientation towards an avoidant style of coping was prevalent. This finding indicates that in our sample of juveniles in conflict with the law, there was an increased tendency towards less sophisticated thinking and lack of proper regulation of emotions, a common finding in young children. This means that there would be significant difficulty in handling situations that are either complex or ambiguous. Such findings in older adolescents indicate susceptibility to adjustment difficulties as the tendency to avoid complexity and inconsistent emotional handling patterns lead to inefficient and ineffective modus operandi. The state of chronic stimulus overload is a finding that is also common among young children, suggesting inadequacy of accessible resources that may help a child deal effectively with their environment.68,69
It becomes a complex topic when we try to understand that juvenile delinquency in the Kashmir region represents true delinquency or delinquency based on charges. True delinquency refers to engagement in criminal or deviant behavior, regardless of whether the individual has been formally charged or convicted. Delinquency based on charges refers to cases where a juvenile has been formally accused or charged with an offense, regardless of whether they committed the crime. This may be attributed to legal, procedural, or societal factors, such as wrongful accusations, misuse of legal provisions, systemic biases, or lack of proper legal representation. As per the offenses reported, the maximum was the Unlawful Activities (Prevention) Act (ULAP), followed by the Arms Act. The 2019 NCRB report places J&K in third place in terms of contributors to overall ULAP cases nationwide. 70 Moreover, their involvement in adolescents may indicate underlying vulnerabilities, which can worsen when they are exposed to violence in the conflict region of Kashmir. However, this does not speak about prevailing scenarios, as juveniles engaged in stone pelting might also be booked under this section. We also could not ascertain the gravity and severity of the charges imposed on the juveniles, as the data was anonymous and was not shared with us. The subsequent most common offense encountered was the Protection of Children from Sexual Offences (POCSO) among juvenile delinquents. The presence of a consensual romantic relationship between the adolescents and being threatened by a female partner for elopement out of family pressure could also be incriminated in the form of a POCSO charge. This also illustrates how the family members of the female can misuse the system to file charges against the male juveniles, a practice motivated by familial and societal pressure. However, this does not diminish the seriousness of the issue, as a thorough investigation is necessary before commenting on this matter.
Limitations
We could only include limited cases that were referred to our institute by legal authorities for psychiatric/psychological assessment. Second, as a retrospective study, it relies on existing records, which may contain incomplete or inconsistent documentation. Third, we had a small sample size, which limits its generalizability. Fourth, the lack of control over data collection limits the ability to explore causal relationships. Findings may not be fully generalizable beyond the study population due to regional and contextual factors.
We recommend the following rehabilitative measures: Education and Life Skills Training, psychological counseling, or psychiatric pharmacotherapy by mental health professionals, wherever required, especially for those with a psychiatric diagnosis, such as hyperactivity, impulsivity, and anxiety, as we found them predominant in our subjects. Family and community should be involved in maintaining an adequate support system for the juveniles. Vocational training should be provided, and the system should offer job skills to ensure future employment opportunities. Peer circles should be monitored, and juveniles should be guided toward positive influences. Each step can prevent recidivism and facilitate a return to a productive society.
Conclusion
Our study highlights the pattern and related factors of juveniles in conflict with the law in Kashmir, indicating a serious societal issue. Adolescents’ vulnerability to criminal behavior could come from developmental and psychological factors like underdeveloped decision-making abilities and deficits in life skills. Socio-economic challenges, particularly from rural and lower-status backgrounds, play a key role, as does the influence of peer groups and psychiatric diagnoses like hyperactivity and anxiety. Moreover, many juveniles are booked under serious offenses like ULAP and POCSO, a potential area for further investigation.
Supplemental Material
Supplemental material for this article available online.
Footnotes
Acknowledgements
We would like to thank Mr. Imran for assisting us in gathering records from the Medical Board section of IMHANS-K.
Author Note
All opinions expressed in this manuscript are solely those of the authors and do not represent the official stance of the Indian Psychiatric Society - South Zonal Branch or the Editorial Board.
Availability of Data and Materials
The datasets used and/or analysed in this study are highly confidential and could not be shared.
Consent to Participate
As this was a retrospective review of records from the medical board section of our institution, the Institutional Review Board waived the need for consent from the participants.
Consent for Publication
Not applicable.
Declaration of Conflicting Interests
The authors declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
Declaration Regarding the Use of Generative AI
We used Grammarly’s grammar checker service to improve the manuscript’s grammar and assume full responsibility for its entire content, including the parts generated by the AI tool.
Ethics Approval and Consent to Participate
The study was accorded approval from the Institutional Review Board of Government Medical College, Srinagar, Jammu and Kashmir, India, with reference number: IRBGMC-SGR/Psy/615; on dated 27/07/2024.
Funding
The authors received no financial support for the research, authorship and/or publication of this article.
Simultaneous Submission
The article being submitted has not been published, simultaneously submitted, or already accepted for publication elsewhere.
Statements and Declarations
To the best of our knowledge, this article does not infringe upon any copyright or property right of any third party.
References
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