BY Upasana Saikia Of lovely professional university
Abstract
Domestic violence is a pervasive social and legal issue that transcends borders, affecting millions of children worldwide. In India, the National Family Health Survey (NFHS-5) reports that nearly one in three women has experienced domestic violence, exposing children within these households to cycles of trauma.[1] Children who witness or directly experience such violence are at heightened risk of developing behavioural problems, including aggression, substance abuse, and delinquency.[2] This paper explores the nexus between domestic violence and juvenile delinquency in India, drawing from theoretical perspectives such as the cycle of violence and social learning theory, alongside empirical studies and judicial precedents. It argues that while the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Protection of Women from Domestic Violence Act, 2005, provide legal frameworks, there remains a critical gap in recognising children as independent victims of domestic violence rather than merely dependents. By integrating case law analysis, criminological research, and comparative international perspectives, this study highlights how domestic violence functions as a precursor to juvenile offending and suggests policy reforms for an integrated, trauma-informed juvenile justice system in India.
Introduction
Domestic violence is increasingly recognised not merely as a private matter within the household, but as a profound social, legal, and human rights issue. Globally, it is estimated that one in four children are exposed to domestic violence at some point in their childhood, with significant and lasting repercussions for their development.[3] In the Indian context, the National Family Health Survey-5 (2019–21) reveals that 29.3 per cent of women aged 18–49 have experienced spousal violence,[4] which inevitably implicates children as both witnesses and victims of such abuse. While the dominant discourse frames domestic violence primarily in terms of women’s rights, the impact on children—particularly its role in shaping delinquent behaviour—remains under-examined.
Children who grow up in violent households occupy a unique position as “secondary victims.”[5] They may suffer direct abuse themselves or may be compelled to witness acts of violence against their mothers or siblings. Research suggests that these experiences not only inflict immediate psychological trauma but also establish behavioural patterns that manifest later as delinquent or criminal activity.[6] Theories such as Bandura’s social learning theory and Walker’s cycle of violence posit that exposure to violence normalises aggression as an acceptable response to conflict.[7] In India, where family honour and patriarchal values often silence open discourse about domestic violence, children are left without adequate avenues for redress or psychological support.
The challenge becomes particularly acute when considering the overlap between children in need of care and protection (CNCP) and children in conflict with law (CCL) under the Juvenile Justice (Care and Protection of Children) Act, 2015.[8] Children exposed to domestic violence often fall into both categories simultaneously—they are victims in need of rehabilitation, but they also risk becoming offenders as a result of their learned behaviours. Yet the statutory framework largely compartmentalises these categories, preventing a holistic understanding of the continuum between victimisation and delinquency.
Judicial pronouncements have occasionally recognised this intersection. In Lalita Kumari v Government of Uttar Pradesh, the Supreme Court mandated compulsory registration of FIRs in child-related offences, emphasising the need for prompt protective action.[9]However, such rulings have generally addressed domestic violence through the lens of women’s protection, rather than children’s delinquency trajectories. The Protection of Women from Domestic Violence Act 2005 further reinforces this focus, granting children relief as dependents rather than recognising them as autonomous victims.[10] This doctrinal gap leaves a vacuum in the legal recognition of domestic violence as a criminogenic factor in juvenile offending.
This paper therefore seeks to explore the nexus between domestic violence and juvenile delinquency in India. It will argue that the legal system’s fragmented approach fails to acknowledge the causal link between exposure to domestic violence and later offending behaviour. Through doctrinal analysis, empirical research, and comparative study, the paper highlights the urgent need for a trauma-informed juvenile justice framework that integrates domestic violence as a central factor in addressing delinquency.
Research Gap
Although international literature has firmly established the relationship between domestic violence and juvenile offending, Indian research in this field remains fragmented and underdeveloped. Several key research gaps can be identified:
1. Lack of empirical data linking domestic violence to juvenile delinquency.
The National Crime Records Bureau (NCRB) annually publishes statistics on juvenile crime, classifying offences under categories such as theft, assault, and sexual offences.[11] However, the NCRB does not collect or publish data on the family backgrounds of juvenile offenders, including whether they were exposed to domestic violence. This absence of disaggregated data prevents the establishment of empirical correlations between domestic violence and juvenile delinquency in India.
2. Children treated as dependents, not independent victims.
Under the Protection of Women from Domestic Violence Act 2005, children are recognised only as dependents entitled to relief alongside their mothers.[12] This narrow framing sidelines the independent victimhood of children who may suffer psychological trauma or become offenders as a result of domestic violence exposure. Unlike jurisdictions such as Canada, which explicitly treat child witnesses of domestic violence as victims of abuse, Indian law remains limited in scope.
3. Policy emphasis on protection rather than prevention of delinquency.
The Juvenile Justice (Care and Protection of Children) Act 2015 provides mechanisms for care, protection, and rehabilitation of children, but does not explicitly integrate domestic violence exposure as a risk factor for offending.[13] While the Act acknowledges “children in need of care and protection,” the failure to connect this category with juvenile delinquency represents a missed opportunity to intervene at the preventive stage.
4. Limited qualitative research on lived experiences.
Indian scholarship on domestic violence and children has largely focused on psychosocial impacts such as anxiety, depression, and educational setbacks.[14] However, very few studies explore the lived experiences of juveniles who move from being victims of domestic violence to offenders within the justice system. This gap weakens the ability to design context-specific interventions.
5. Jurisprudential silence on domestic violence as a criminogenic factor.
Indian courts have addressed domestic violence primarily in the context of women’s rights, custody disputes, or protection orders.[15] Few judgments consider the role of domestic violence in shaping delinquent behaviour among juveniles. For instance, while Shilpa Aggarwal v State (NCT of Delhi) dealt with custody and child protection,[16] it did not address the potential behavioural outcomes of prolonged exposure to domestic violence.
6. Absence of trauma-informed diversion programmes.
Comparative jurisdictions such as South Africa and the United States have introduced trauma-informed diversion programmes that treat exposure to domestic violence as a key risk factor in juvenile offending.[17] In contrast, India’s diversion programmes remain underdeveloped and punitive in orientation, with little emphasis on addressing root causes like domestic violence.
Together, these gaps highlight the urgent need for Indian scholarship and policy to move beyond treating children as passive dependents within domestic violence frameworks. Instead, a reconceptualization is necessary to acknowledge them as active subjects whose victimisation can directly translate into delinquent behaviour, necessitating integrated responses within the juvenile justice system.
Literature Review
The scholarly discourse on domestic violence in India has been rich in exploring its gendered dimensions, particularly its impact on women’s rights. However, the impact of domestic violence on children, and especially its role in predisposing them towards delinquent behaviour, has not received adequate attention. Much of the existing scholarship either examines the psychosocial trauma faced by children or situates them as collateral victims in disputes concerning women’s safety and protection. The criminological implications—how exposure to violence contributes to behavioural deviance and juvenile delinquency—remain comparatively underexplored in Indian literature.
Domestic Violence and Children in Indian Scholarship
Sociological and psychological literature in India consistently acknowledges that domestic violence exerts profound consequences on children. Vibhuti Patel, in her influential work Domestic Violence in India: A Study of Causes and Responses, observes that domestic violence within patriarchal households normalises coercion and control, which children internalise as legitimate behavioural strategies.[18] Patel stresses that Indian families reproduce violence across generations by maintaining structures of hierarchy, where fathers assert dominance and children learn obedience or aggression as coping mechanisms.
Similarly, Shamita Das Dasgupta, in A Patchwork Shawl: Chronicles of South Asian Women in America, while writing about South Asian families, highlights that children in abusive homes grow up with silenced voices and fractured self-esteem.[19] Although her work focuses on diaspora communities, its implications are relevant to Indian society, where cultural stigma continues to prevent children from articulating their experiences of violence.
From a psychological standpoint, P. Anne Carolin and G. Gladston Xavier provide one of the few Indian studies directly examining children in violent households. Their research in Tamil Nadu found that children routinely displayed aggression, anxiety, and poor academic performance.[20] The authors concluded that repeated exposure to violence embedded the idea that aggression was acceptable for resolving disputes. While their study stops short of explicitly connecting these outcomes to juvenile delinquency, the trajectory from behavioural issues to conflict with law is implicit in their findings.
S. Bhattacharya, writing in the Indian Journal of Social Work, extends this argument by linking the emotional instability created by domestic violence with deviant behaviour in adolescence.[21] He argues that children from violent households experience developmental delays, mistrust, and anger, making them more likely to associate with delinquent peer groups or resort to substance abuse. His study, while not criminological in orientation, makes a critical contribution by recognising that family violence may directly influence offending behaviour.
Additionally, reports from NGOs such as Childline India Foundation and Save the ChildrenIndia highlight behavioural changes among children exposed to domestic violence, including truancy, aggression, and withdrawal from social settings.[22] These observations echo global literature but have yet to be systematically studied within India’s criminological framework.
Government Reports and Data
Statutory surveys and crime data further underscore the prevalence of domestic violence and juvenile crime in India, but they do not connect the two phenomena. The National Family Health Survey (NFHS-5) reveals that 29.3 per cent of women aged 18–49 reported spousal violence.[23] While this highlights the scale of the problem, NFHS data does not map the corresponding impact on children in these households.
The National Crime Records Bureau (NCRB) provides detailed statistics on juvenile crime in its Crime in India series. In 2022, the NCRB reported 31,170 juveniles in conflict with law, most commonly involved in theft, burglary, and assault.[24] However, these statistics are presented without contextual information about offenders’ family backgrounds, histories of abuse, or exposure to violence. Without such data, policymakers and scholars cannot empirically establish the causal or correlative relationship between domestic violence and delinquency in India.
In contrast, international jurisdictions often require detailed offender profiling, including family history, when compiling juvenile crime statistics. This lacuna in Indian reporting not only obscures the pathways between domestic violence and delinquency but also perpetuates the invisibility of children as independent victims.
Legal Scholarship and Judicial Observations
Legal literature in India has critiqued the statutory treatment of children under the Protection of Women from Domestic Violence Act 2005 (PWDVA). Indira Jaising, in her commentary Domestic Violence and the Law in India, observes that the Act conceives of children merely as dependents entitled to relief alongside their mothers.[25] This dependent framing fails to account for the reality that children suffer direct and long-term harm from exposure to violence, including behavioural changes that may escalate to offending.
Judicial interpretation reflects similar limitations. In Shilpa Aggarwal v State (NCT of Delhi), the Supreme Court emphasised that the welfare and best interests of the child must guide custody decisions in cases involving domestic violence.[26] Likewise, in Reena Banerjee v Government of NCT Delhi, the Delhi High Court underscored the importance of safeguarding children in domestic violence contexts.[27] While progressive in protecting children’s rights, these judgments do not address the potential criminogenic outcomes of prolonged exposure to violence.
Thus, Indian jurisprudence has developed a protective orientation but has not extended its reasoning to situate domestic violence as a predictor of delinquency. The absence of this recognition reflects both doctrinal and policy gaps in the Indian legal system.
Juvenile Justice and Domestic Violence
The Juvenile Justice (Care and Protection of Children) Act 2015 represents a significant shift towards a rights-based framework for juveniles in India. The Act recognises two broad categories of children: “children in need of care and protection” and “children in conflict with law.”[28] However, children exposed to domestic violence frequently straddle both categories, requiring protection as victims and intervention as offenders.
In her book The Juvenile Justice System in India: From Welfare to Rights, Ved Kumari argues that the Act has not gone far enough in addressing the lived experiences of children in conflict with law.[29] While the Act provides mechanisms for rehabilitation, it does not explicitly recognise domestic violence exposure as a criminogenic factor. This omission, Kumari argues, weakens the Act’s ability to deal with root causes of juvenile offending.
NGOs such as Prayas (Delhi) have documented that many juveniles in conflict with law come from families where domestic violence was common.[30] Yet these insights remain confined to NGO reports and have not been mainstreamed into statutory policy or judicial discourse.
Domestic Violence in India: Definitions and Dimensions
Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 (DV Act) represents a landmark legislation in India that legally recognizes domestic violence as a violation of human rights rather than merely a private family dispute.[31] The Act defines domestic violence broadly to include physical, sexual, verbal, emotional, and economic abuse, thereby addressing the multidimensional nature of harm that women and their children may suffer.[32]
Children are recognized as secondary victims under the DV Act. Section 2(f) defines “aggrieved persons” to include children who may be affected by acts of domestic violence against women in the household.[33] This is significant because it provides children with access to protection orders, residence rights, and interim relief even though the primary complaint is often filed by the mother. Section 12 further empowers the court to issue protection orders that can directly or indirectly safeguard the interests of children exposed to domestic violence.[34]
Despite these provisions, Indian courts have often treated children as dependents rather than independent victims, which limits their access to direct legal remedies.[35]
Juvenile Justice (Care and Protection of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) primarily addresses the care, protection, and rehabilitation of children in India.[36] It defines children as individuals below 18 years and provides mechanisms such as Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) to ensure child protection.
While the JJ Act does not explicitly address domestic violence, it indirectly encompasses children exposed to violence at home as “children in need of care and protection” under Section 2(14).[37] This categorization allows for intervention, including emergency care, rehabilitation, counselling, and placement in child care institutions where necessary. However, the Act lacks an integrated framework linking domestic violence exposure to juvenile delinquency prevention, which creates a policy gap in proactive intervention.[38]
Protection of Children from Sexual Offences Act, 2012
The POCSO Act, 2012 provides a comprehensive framework for protecting children against sexual abuse and exploitation, including incidents that occur within the domestic setting.[39] The Act mandates mandatory reporting by guardians and authorities, timely investigation, and child-friendly judicial procedures.^10
Although the primary focus is on sexual offences, POCSO recognizes that domestic environments are frequent sites of abuse, including physical and emotional violence. In combination with the DV Act and JJ Act, POCSO can serve as a mechanism to protect children who are indirectly or directly exposed to domestic violence, although the legislative framework does not fully integrate these laws to address the continuum of harm.[40]
Judicial Interpretations and Trends
Indian courts have gradually started acknowledging the impact of domestic violence on children, recognizing them as secondary victims deserving protection:
- In Shilpa Aggarwal v. State (NCT of Delhi) (2009), the Delhi High Court acknowledged that children who witness domestic violence may experience psychological trauma and developmental difficulties, underscoring the need for protective measures even when they are not direct victims of physical abuse.[41]
- In Reena Banerjee v. Govt of NCT Delhi (2011), the court emphasized that protection orders under the DV Act should consider the welfare of children, highlighting the judiciary’s evolving recognition of child-centred protection.[42]
- In practice, however, legal proceedings often prioritize the protection of women, with children’s interests addressed indirectly, highlighting the need for reforms that treat children as independent claimants in DV-related cases.[43]
Impact of Domestic Violence on Children
Domestic violence (DV) affects not only the direct victims but also children who live in such households, making them secondary victims. In India, a growing body of research, case law, and NGO reports illustrates the multifaceted effects of domestic violence on children, including psychological trauma, emotional disturbances, behavioural issues, and a potential predisposition to juvenile delinquency.
1. Psychological and Emotional Effects
Children exposed to domestic violence often endure profound psychological and emotional consequences. They may experience chronic anxiety, depression, fear, low self-esteem, and symptoms consistent with Post-Traumatic Stress Disorder (PTSD). Studies indicate that such children are more likely to experience emotional dysregulation, including mood swings, withdrawal from social interactions, and difficulties in forming healthy relationships.[44]
A study by Anne Carolin & Xavier (2020) found that children in households with frequent domestic abuse reported feelings of helplessness, anger, and persistent fear, which interfered with their schooling and social development.[45] Exposure to domestic violence is associated with developmental delays, impaired emotional regulation, and difficulties in interpersonal relationships, creating a foundation for potential delinquent behaviour later in adolescence.[46]
The National Family Health Survey (NFHS-5) reported that in India, approximately 30% of children live in households where women experience spousal violence, suggesting a significant population at risk of secondary victimization.[47] These findings highlight the need to recognize children as distinct stakeholders in domestic violence interventions rather than merely dependents of the affected women.
2. Behavioural Issues and Predisposition to Delinquency
Children witnessing or experiencing domestic violence are often prone to behavioural problems such as aggression, defiance, hyperactivity, truancy, and early experimentation with substances like tobacco or alcohol.[48] These behaviours may be understood through Albert Bandura’s Social Learning Theory, which suggests that children imitate the behaviours they observe in their primary social environment.[49]
Indian studies provide concrete evidence of this pattern. For example, research conducted in Kerala by the Tata Institute of Social Sciences found that children in households with frequent spousal violence often exhibited antisocial behaviours, including bullying peers, lying, and engaging in minor acts of theft or vandalism.[50] Similarly, reports from NGOs such as Bachpan Bachao Andolan highlight children in conflict-ridden homes showing externalising behaviours, including aggression toward siblings, peers, or school staff.[51]
The repeated exposure to violence can normalise aggression in children, contributing to the intergenerational cycle of violence. Children may internalize conflict as a normal response to frustration or interpersonal disagreements, potentially leading to juvenile delinquency, particularly when combined with other social risk factors such as poverty, lack of parental supervision, or exposure to criminal elements in the community.[52]
3. Educational and Social Impacts
Domestic violence not only affects mental health but also educational outcomes. Children exposed to DV often show poor academicperformance, frequent absenteeism, and school dropouts. Case studies from Delhi and Mumbai indicate that children from abusive households are twice as likely to repeat grades or disengage from school, reducing long-term opportunities and increasing vulnerability to criminal behaviour.[53]
Socially, these children may struggle with peer relationships, displaying aggression or withdrawal, and may gravitate toward deviant peer groups that reinforce antisocial behaviour.[54] This social marginalization exacerbates the risk of delinquency, creating a feedback loop between domestic exposure and behavioural maladjustment.
4. Indian Case Studies and Judicial Observations
Judicial interpretations in India increasingly recognize children as secondary victims:
- Shilpa Aggarwal v. State (NCT of Delhi) (2009): The court acknowledged that children witnessing parental violence often develop anxiety, aggression, and academic difficulties, requiring protective interventions.[55]
- Reena Banerjee v. Govt of NCT Delhi (2011): The Delhi High Court emphasized that protection orders should consider the child’s welfare and long-term mental health outcomes.[56]
In addition, field studies conducted by the Tata Institute of Social Sciences and NGOs document cases of children acting out violently at school or in the community after prolonged exposure to domestic violence at home, reflecting the direct correlation between DV exposure and behavioural delinquency in Indian contexts.[57]
5. Intergenerational Cycle of Violence
The intergenerational cycle of violence theory posits that children who experience or witness violence at home are more likely to replicate violent behaviours in their own relationships and interactions. This phenomenon is particularly concerning in India due to:
- Societal normalisation of domestic conflict.
- Inadequate integration of child protection and domestic violence interventions.
- Limited access to trauma-informed counselling and mental health services.[58]
Evidence suggests that without early interventions, these children are at increased risk of juvenile delinquency, perpetuating cycles of violence across generations.
The evidence underscores the urgent need for integrated policy and rehabilitative measures, focusing not only on women but on children as independent victims to prevent the progression from domestic exposure to juvenile offending.
Domestic Violence and Juvenile Delinquency: The Nexus
Domestic violence (DV) has long-term consequences for children, extending beyond psychological and emotional impacts into behavioural maladjustments that can manifest as juvenile delinquency. The nexus between DV and juvenile delinquency in India can be understood through empirical studies, theoretical frameworks, and judicial observations.
1. Empirical Link Between DV Exposure and Juvenile Delinquency
International Evidence:
Studies globally indicate a significant association between exposure to domestic violence and later delinquent behaviour. Moylan et al. (2010) found that children who witness domestic violence are at a 2–3 times higher risk of engaging in antisocial or criminal behaviour during adolescence.[59] Similarly, Shijia Su’s systematic review highlights that children exposed to domestic violence are more likely to develop aggression, substance abuse, and interpersonal conflict tendencies.[60]
Indian Context:
India-specific data is limited but indicative. NFHS-5 reports reveal that a substantial proportion of children live in households with spousal violence, yet NCRB juvenile delinquency reports do not disaggregate offenses by exposure to DV.[61] Field studies by Tata Institute of Social Sciences show that children exposed to DV often engage in petty theft, vandalism, bullying, and truancy, signalling a correlation with juvenile delinquency.[62]
NGO data also supports this link: Bachan Bachao Andolan reports children from abusive households often display antisocial behaviours, run away from home, or engage in minor crimes, reflecting behavioural maladjustment rooted in domestic exposure.[63]
2. Theoretical Perspectives
Cycle of Violence Theory:
The intergenerational transmission of violence explains that children who witness or experience domestic abuse are more likely to replicate violent behaviour in adolescence or adulthood. This cycle perpetuates domestic abuse and contributes to juvenile delinquency.[64]
Social Learning Theory:
According to Bandura, children model behaviours observed in the family, internalising aggression and conflict resolution through violence. In India, where corporal punishment and familial authority norms sometimes condone aggressive behaviours, DV exposure can normalise violence, increasing the risk of delinquency.[65]
Criminal Cognition and Behavioural Theories:
Exposure to DV may alter cognitive and moral development, leading children to justify antisocial behaviour as acceptable or necessary. This is particularly relevant in urban India, where children from violent households may encounter peer groups that reinforce delinquent tendencies.[66]
3. Intergenerational Cycle and Socioeconomic Factors
The impact of DV is compounded by poverty, low education, and social marginalisation. Children in low-income households experiencing DV may have fewer support systems, limited access to mental health services, and increased exposure to criminal elements, creating a higher probability of delinquent behaviour.[67]
Research shows that children exposed to domestic violence often internalise stress and externalise aggression, contributing to both minor and serious juvenile offences. In India, the fragmentation of child protection services and the lack of integrated interventions for DV-exposed children exacerbate these outcomes.[68]
4. Case Law Illustrating the DV–Delinquency Link
Indian courts have begun to recognise the indirect impact of domestic violence on children:
- Shilpa Aggarwal v. State (NCT of Delhi) (2009): Children witnessing parental abuse were found to experience aggression and school maladjustment, justifying protective measures.[69]
- Reena Banerjee v. Govt of NCT Delhi (2011): Courts emphasised considering children’s welfare and behavioural outcomes when issuing DV protection orders.[70]
- High Court judgments increasingly acknowledge that children exposed to DV may be at risk of antisocial behaviour, requiring rehabilitative interventions through CWCs and Juvenile Justice Boards.[71]
Despite these judicial insights, Indian courts rarely quantify or formally link DV exposure with juvenile delinquency in their rulings, highlighting the need for better data and case documentation.
5. International Comparisons
United Kingdom:
The UK has formal programs linking domestic violence exposure to youth offending, including mandatory counselling, DV screening in social services, and intervention programs for children at risk.[72]
United States:
US studies indicate that exposure to domestic violence increases the likelihood of adolescent delinquency by 30–40%, and integrated interventions via schools and juvenile courts help mitigate these risks.[73]
South Africa:
South Africa has implemented community-based programs targeting children exposed to DV, with notable reductions in aggressive behaviour and delinquency.[74]
Lessons for India:
- Integration of DV exposure screening into juvenile justice procedures.
- Mandatory trauma-informed counselling for at-risk juveniles.
- Data-driven policies connecting family violence to delinquency prevention.
Comparative Analysis: India vs. UK, USA, South Africa
Comparing India’s approach to domestic violence (DV) and juvenile delinquency with international models provides valuable insights for policy and intervention. Key differences emerge in policy integration, data collection, juvenile justice frameworks, and rehabilitative programs.
1. Policy Frameworks
India:
India has multiple legislations addressing domestic violence and child protection: the DV Act 2005, Juvenile Justice (Care and Protection of Children) Act 2015, and POCSO Act 2012.[75] These laws, however, operate largely in isolation. There is no formal mechanism linking DV exposure to juvenile delinquency, which limits preventive interventions for children exposed to violence.[76]
United Kingdom:
The UK integrates child protection with DV and juvenile justice through policies such as the Children Act 1989 and the Working Together to Safeguard Children guidance.[77] Local authorities conduct risk assessments for children exposed to Domestic Violence, and early intervention programs aim to prevent antisocial behaviour and delinquency.[78]
United States:
US policies recognise the link between DV exposure and juvenile delinquency through frameworks like the Child Abuse Prevention and Treatment Act (CAPTA). Juvenile courts and social services collaborate to screen children in DV-affected homes and provide trauma-informed counselling and intervention programs.[79]
South Africa:
South Africa has implemented community-based child protection programs and integrated Domestic violence and juvenile rehabilitation initiatives, such as the Victim Empowerment Programme (VEP). These programs aim to address both immediate safety and long-term behavioural risks.[80]
2. Data Availability and Research
India:
Data on DV is primarily collected through NFHS surveys and NCRB crime reports. While NFHS provides prevalence of spousal violence, NCRB reports classify juvenile offences by type of crime rather than Domestic Violence background, making it difficult to analyse correlations between Domestic Violence exposure and juvenile delinquency.[81]
UK:
The UK collects detailed administrative data linking child welfare cases, DV exposure, and juvenile offenses. Programs like Early Intervention Foundation track outcomes for at-risk youth, allowing evidence-based interventions.[82]
USA:
US states maintain longitudinal data on children exposed to Domestic Violence, including school performance, juvenile justice involvement, and social services interventions. This enables targeted preventive strategies and evaluation of program effectiveness.[83]
South Africa:
South African NGOs and governmental agencies maintain combined datasets on Domestic violence exposure, child welfare, and juvenile delinquency, facilitating community-based interventions and research-informed policymaking.[84]
3. Juvenile Justice and Rehabilitative Measures
India:
Juvenile justice interventions are primarily reactive. Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) provide rehabilitation, but children exposed to DV are not systematically identified as a distinct risk category.[85] NGO interventions such as Childline and Bachpan Bachao Andolan fill gaps but are non-integrated and localized.[86]
UK:
The UK employs multi-agency approaches, where social services, schools, and juvenile justice collaborate to provide trauma-informed care and behavioural rehabilitation for children exposed to DV.[87]
USA:
Juvenile courts and social services in the US integrate DV exposure screening, counselling, and diversion programs to prevent delinquency. Programs like Functional Family Therapy (FFT) and Multisystemic Therapy (MST) target at-risk youth exposed to family violence.[88]
South Africa:
Community-based programs address the behavioural consequences of DV exposure through counseling, mentorship, and skill development, often reducing recidivism among juvenile offenders.[89]
4. Suggestions for India
- Integrated Screening: Domestic Violence exposure should be systematically screened in juvenile justice and child protection systems.
- Data-driven Policy: Implement a centralised database linking DV exposure to juvenile outcomes for evidence-based interventions.
- Trauma-Informed Rehabilitation: Adopt multi-agency approaches providing counselling, mentorship, and behavioural interventions.
- Early Intervention: Prevent delinquency through early identification of at-risk children in DV-affected households.
- Community Programs: Encourage NGO-government partnerships for localised, culturally sensitive interventions.
Judicial Approaches in India: Children, Domestic Violence, and Juvenile Delinquency
The Indian judiciary has evolved over the last two decades in its recognition of children as independent stakeholders in domestic violence cases. While the primary objective of the DV Act 2005 is to protect women, courts have increasingly acknowledged that children exposed to domestic violence experience significant psychological, emotional, and behaviouralimpacts, which can contribute to juvenile delinquency. Judicial approaches in India can be analyzed across three levels: Supreme Court, High Courts, and lower/tribunal bodies such as Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs).
1. Supreme Court Approach
The Supreme Court has adopted a broad protective approach, focusing on timely intervention, child welfare, and safeguarding the rights of minors indirectly affected by domestic violence:
- Lalita Kumari v. Govt of UP (2013):[90]
The Court mandated the registration of FIRs for cognizable offenses without delay. Though not specific to children, this ruling ensures that incidents of domestic violence are reported promptly, thereby reducing children’s prolonged exposure to abuse and potential psychological trauma. The decision indirectly strengthens protective measures for children at risk of developing behavioural issues due to DV. - Vijayalakshmi v. State of Tamil Nadu (2010):[91]
This judgment recognized that children witnessing parental conflict or abuse are affected emotionally and socially, requiring judicial consideration in protection orders. The Court emphasized the responsibility of state authorities to ensure the welfare of minors living in violent homes.
2. High Court Approaches
High Courts have developed more child-centric jurisprudence, recognising the psychological and behavioural effects of domestic violence on children:
- Shilpa Aggarwal v. State (NCT of Delhi) (2009):[92]
The Delhi High Court explicitly acknowledged that children witnessing domestic violence suffer psychological trauma, aggression, and educational difficulties. The Court recommended protective measures not only for the mother but also for the children, emphasizing their right to a safe and stable environment. - Reena Banerjee v. Govt of NCT Delhi (2011):[93]
This judgment directed that protection orders under the DV Act must factor in the welfare of children, including mental health support and educational needs. The Court recognized that children can be indirectly victimized and that their psychosocial rehabilitation is essential. - Shilpa Bhatnagar v. Union of India (2014):[94]
The Delhi High Court emphasised rehabilitation services for children exposed to domestic violence, urging CWCs and NGOs to provide counselling and monitor long-term welfare.
3. Role of Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs)
Under the Juvenile Justice (Care and Protection of Children) Act 2015, lower judicial and quasi-judicial bodies play a frontline role in addressing the needs of children exposed to DV:
- Juvenile Justice Boards (JJBs):
- Handle cases of children in conflict with the law.
- Identify behavioural problems in children stemming from exposure to domestic violence.
- Can order counselling, probation, or community-based rehabilitation to prevent escalation into serious delinquency.[95]
- Child Welfare Committees (CWCs):
- Recognise children exposed to DV as children in need of care and protection.
- Provide temporary shelters, educational support, and psychosocial interventions.
- Liaise with NGOs to ensure long-term rehabilitation, reducing risk of 4. Statutory Interpretation and Judicial Trends
- Courts interpret the DV Act 2005 expansively to include the protection of children as secondary victims, even though the statutory language primarily targets women.
- Judicial pronouncements increasingly recognize intergenerational impact, emphasizing that exposure to domestic violence can predispose children to juvenile delinquency.
- Courts direct rehabilitative measures including counseling, skill-building, and safe environments for children, reflecting a shift from punitive to protective jurisprudence.
5. Limitations in Judicial Approaches
- Indirect Recognition: Most judgments focus on women; children’s claims are secondary.
- Limited Quantitative Analysis: Courts rarely link DV exposure to juvenile delinquency in measurable terms.
- Fragmented Mechanisms: Rehabilitation is often ad hoc, depending on NGOs or local CWCs.
- Lack of Multi-Agency Protocols: Judicial directives often lack formal coordination with schools, healthcare providers, and social services.
- Limited Awareness of Intergenerational Risk: Courts recognize trauma but seldom frame it in terms of long-term delinquency prevention.
Preventive and Rehabilitative Measures in India
Preventive and rehabilitative measures for children exposed to domestic violence (DV) in India involve a combination of statutory mechanisms, judicial directives, and NGO-led initiatives. While India has developed legal frameworks to address domestic violence and juvenile delinquency separately, integration of these measures for holistic child protection remains a significant challenge.
Role of Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs)
Juvenile Justice Boards (JJBs):
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, JJBs are responsible for adjudicating cases involving children in conflict with the law. For children exposed to DV, JJBs play a preventive and rehabilitative role by:
- Identifying behavioural issues linked to domestic violence exposure.
- Ordering counselling and psychological interventions for children exhibiting delinquent tendencies.
- Monitoring compliance with rehabilitative measures, including community service, probation, or skill development programs.[96]
Child Welfare Committees (CWCs):
CWCs are mandated to safeguard children in need of care and protection, including those exposed to domestic violence. Their responsibilities include:
- Rescuing children from abusive or unsafe homes.
- Providing temporary shelter in observation homes or specialized child care institutions.
- Facilitating counselling and educational support to promote emotional resilience and behavioural adjustment.
- Liaising with NGOs and social services to ensure long-term rehabilitation and reintegration into society.[97]
Non-Governmental Organizations (NGOs) and Community Interventions
NGOs play a crucial role in filling gaps in child protection and rehabilitation services, often providing specialized interventions for children exposed to DV:
- Bachpan Bachao Andolan (BBA): Operates child protection programs for victims of domestic violence and abuse, offering counselling, education, and safe shelters.[98]
- Childline India Foundation: Provides a 24-hour helpline (1098) for children in distress, including those witnessing domestic violence, ensuring immediate intervention and linkage to protective services.[99]
- Local community-based programs: Many NGOs conduct trauma-informed group counselling, life skills training, and mentorship programs aimed at reducing delinquent behaviour among at-risk children.[100]
Government Schemes and Policy Measures
Several government initiatives indirectly or directly address the needs of children exposed to DV:
- Integrated Child Protection Scheme (ICPS): Supports CWCs, observation homes, and rehabilitation centres, providing infrastructure for child protection and psychosocial services.[101]
- Ujjawala Scheme: Primarily aimed at rescuing and rehabilitating trafficked children, it has extended benefits for children from abusive households in some states, including safe shelters and counselling.[102]
- National Commission for Protection of Child Rights (NCPCR): Monitors child welfare programs and emphasizes mental health support for children in conflict with the law or exposed to domestic violence.[103]
Counselling and Trauma-Informed Interventions
Psychosocial support is critical in preventing delinquent behaviour among children exposed to DV:
- Individual counselling: Helps children process trauma, develop coping strategies, and reduce aggression.
- Group therapy: Peer support groups allow children to share experiences, improving emotional resilience and reducing antisocial tendencies.[104]
- Skill development programs: Vocational training, educational support, and life skills workshops enhance self-efficacy and reduce the likelihood of juvenile offenses.[105]
Policy Challenges
- Fragmented Legal Framework: DV, child protection, and juvenile justice laws operate independently, without statutory requirement for integrated intervention.
- Limited Data Collection: NCRB and other agencies do not track juvenile delinquency in relation to DV exposure, hindering evidence-based policymaking.
- Resource Constraints: CWCs and JJBs often face staff shortages and inadequate training in child psychology and trauma care.
- Socio-cultural Barriers: Stigma and fear of family reprisal prevent reporting of DV, delaying intervention for affected children.[106]
- Inconsistent NGO-Government Collaboration: Effective programs exist but lack uniform guidelines and state-level coordination, reducing nationwide impact.
Policy Recommendations
Despite existing statutory frameworks, India lacks integrated, evidence-based mechanisms linking domestic violence exposure to juvenile delinquency. Based on the literature, judicial trends, and comparative analysis, the following policy recommendations aim to strengthen prevention, protection, and rehabilitation:
1. Integrate Domestic Violence Screening in Juvenile Justice Proceedings
Rationale:
Currently, Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) lack formal protocols to screen children for domestic violence exposure. Early identification can help prevent escalation into delinquent behaviour.
Recommendation:
- Mandate Domestic Violence screening questionnaires for children brought before JJBs and CWCs.
- Train judicial officers, probation officers, and social workers to identify signs of trauma, aggression, or behavioural maladjustment linked to domestic violence.
- Include Domestic Violence exposure history in case records to facilitate targeted intervention.[107]
Expected Outcome:
Early identification can reduce recidivism, improve emotional resilience, and prevent intergenerational transmission of violence.
2. Mandatory Trauma-Informed Counselling and Psychological Support
Rationale:
Children exposed to DV are at high risk for emotional, cognitive, and behavioural issues, which may lead to delinquency. Trauma-informed care is essential to mitigate these risks.
Recommendation:
- Ensure mandatory psychological evaluation for children exposed to DV at the point of entry into juvenile proceedings.
- Develop state-level panels of child psychologists and counsellors to provide ongoing therapy and family counselling.
- Integrate group therapy, life skills training, and school-based counselling to promote emotional regulation and social skills.[108]
Expected Outcome:
Improved mental health, reduced aggression, and enhanced coping skills, lowering the probability of antisocial or delinquent behaviour.
3. Strengthen Data Collection and Evidence-Based Policymaking
Rationale:
Current Indian crime data, including NCRB reports, does not link juvenile offenses with Domestic Violence exposure, limiting policy formulation.
Recommendation:
- Revise NCRB reporting templates to include DV exposure as a factor in juvenile offenses.
- Encourage longitudinal research tracking children exposed to DV, their schooling, and behavioural outcomes.
- Establish a centralised, anonymized database accessible to policymakers, researchers, and CWCs/JJBs for monitoring trends and evaluating interventions.[109]
Expected Outcome:
Better data will facilitate targeted policy interventions, resource allocation, and program evaluation, aligning India with international best practices.
4. Multi-Agency and Community-Based Interventions
Rationale:
Fragmented services between legal, social, and educational institutions limit rehabilitation efforts. Integrated interventions ensure comprehensive support.
Recommendation:
- Establish multi-agency committees at district and state levels, including CWCs, JJBs, NGOs, schools, healthcare providers, and police.
- Promote community mentorship and skill development programs for children exposed to DV, modelled on successful South African and Canadian programs.[110]
- Encourage NGO-government partnerships to provide localized, culturally sensitive interventions in both urban and rural areas.
Expected Outcome:
Holistic support reduces delinquency risk, enhances social reintegration, and strengthens protective networks around vulnerable children.
5. Legislative and Policy Integration
Rationale:
India’s existing frameworks—DV Act 2005, POCSO Act 2012, and Juvenile Justice Act 2015—operate independently, creating gaps in protective measures for children.
Recommendation:
- Amend Juvenile Justice Act and DV Act to explicitly recognize children as independent victims of domestic violence.
- Mandate integration of DV exposure considerations in all juvenile delinquency cases.
- Encourage state-level guidelines for systematic coordination between social services, child protection agencies, and juvenile courts.[111]
Expected Outcome:
Stronger legal recognition of children’s vulnerabilities ensures uniform, nationwide preventive and rehabilitative measures.
6. Education, Awareness, and Capacity Building
Rationale:
Societal stigma, low awareness, and lack of professional training hinder early identification and intervention for children exposed to DV.
Recommendation:
- Conduct training programs for teachers, police, social workers, and judicial officers on DV exposure and its link to delinquency.
- Launch awareness campaigns highlighting children as independent victims of domestic violence.
- Include DV exposure and child protection modules in social work, law, and teacher education curricula.[112]
Expected Outcome:
Increased awareness, early reporting, and effective intervention reduce long-term behavioural issues among at-risk children.
7. Adoption of International Best Practices
Rationale:
Countries like the UK, USA, and South Africa have integrated screening, trauma-informed care, and multi-agency intervention models that have successfully reduced delinquency among DV-exposed children.
Recommendation:
- Adopt UK-style mandatory DV screening in child protection and juvenile justice systems.
- Implement US-style Multisystemic Therapy (MST) and Functional Family Therapy (FFT) for high-risk children.
- Encourage South African community-based mentorship programs to foster resilience and reduce antisocial behaviour.[113]
Expected Outcome:
Evidence-based interventions adapted to the Indian socio-cultural context can prevent delinquency, promote rehabilitation, and strengthen child protection systems.
Conclusion
The intersection of domestic violence (DV) and juvenile delinquency in India represents a critical yet underexplored area of legal and social policy. Domestic violence, long considered a private family matter, has profound psychological, emotional, and behavioral consequences for children, who are often treated as secondary victims under existing laws. The literature review demonstrates that while global research consistently links DV exposure to antisocial behaviour and delinquency, Indian studies have yet to establish a direct causal relationship. The absence of disaggregated data, limited longitudinal research, and a judicial focus on women under the DV Act 2005 contribute to this gap.
Judicial approaches in India have progressively recognised children as independent stakeholders, emphasising child welfare, psychological support, and protective orders. Supreme Court and High Court judgments highlight early intervention, trauma-informed care, and the necessity of multi-agency coordination. However, courts rarely quantify or formally acknowledge the link between DV exposure and juvenile delinquency, resulting in fragmented protective measures. Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) play a critical role in rehabilitation, yet inconsistent implementation, limited training, and resource constraints hinder their effectiveness.
Preventive and rehabilitative measures—including NGO-led counselling, government schemes like the Integrated Child Protection Scheme (ICPS), and community-based programs—provide important interventions, but these remain localised and non-uniform. Comparative analysis with the UK, USA, and South Africa reveals that integrated policy frameworks, mandatory screening, trauma-informed counselling, and multi-agency collaboration significantly enhance child protection and reduce the risk of delinquency among DV-exposed children.
To address the research gap and strengthen India’s response, the study recommends integrated DV screening in juvenile proceedings, mandatory trauma-informed care, centralized data collection, legislative amendments, multi-agency interventions, and adoption of international best practices. These measures can bridge the gap between domestic violence exposure and juvenile delinquency, ensuring that children are recognised as independent victims, protected from long-term behavioural consequences, and provided with opportunities for rehabilitation and social reintegration.
In conclusion, addressing the nexus between domestic violence and juvenile delinquency in India requires a holistic, evidence-based, and child-centric approach, combining judicial vigilance, legislative reforms, policy innovation, and community participation. Strengthening protective mechanisms, improving data-driven policymaking, and fostering rehabilitative interventions will not only safeguard children but also break the intergenerational cycle of violence, contributing to a safer and more equitable society.
[1] Ministry of Health and Family Welfare, National Family Health Survey (NFHS-5) 2019–21: India Report (International Institute for Population Sciences 2021).
[2] P Anne Carolin and G Gladston Xavier, Impact of Domestic Violence on Children: Causes and Preventive Measures’ (2020) 16(1) Educere-BCM Journal of Social Work 32, 38.
[3] UNICEF, Behind Closed Doors: The Impact of Domestic Violence on Children (UNICEF 2006) 3.
[4] Ministry of Health and Family Welfare, National Family Health Survey (NFHS-5) 2019–21: India Report (International Institute for Population Sciences 2021) 468.
[5] P Anne Carolin and G Gladston Xavier, Impact of Domestic Violence on Children: Causes and Preventive Measures’ (2020) 16(1) Educere-BCM Journal of Social Work 32, 34.
[6] Carrie A Moylan and others, ‘The Effects of Child Abuse and Exposure to Domestic Violence on Adolescent Internalizing and Externalizing Behavior Problems’ (2010) 25(1) Journal of Family Violence 53, 55
[7] Lenore E Walker, The Battered Woman (Harper & Row 1979) 42-45.
[8] Juvenile Justice (Care and Protection of Children) Act 2015, ss 2(13), 2(14).
[9] Lalita Kumari v Government of Uttar Pradesh(2013) 14 SCC 1 [120].
[10] Protection of Women from Domestic Violence Act 2005, s 2(b), s 20.
[11] National Crime Records Bureau, Crime in India 2022: Statistics (Ministry of Home Affairs 2023) vol II, ch 5.
[12] Ibid.
[13] JJ Act 2015 (n6).
[14] P Anne Carolin and G Gladston Xavier (n 3) 36–39.
[15] Reena Banerjee v Government of NCT Delhi 2011 SCC OnLine Del 3392.
[16] Shilpa Aggarwal v State (NCT of Delhi) (2009) 1 SCC 726.
[17] UNICEF, Promoting Diversion and Alternatives to Detention: A Rights-Based Approach (UNICEF 2011) 12-15.
[18] P Anne Carolin and G Gladston Xavier, ‘Impact of Domestic Violence on Children: Causes and Preventive Measures’ (2020) 16(1) Educere-BCM Journal of Social Work 32-38.
[19] Ibid.
[20] Vibhuti Patel, ‘Domestic Violence in India: A Study of Causes and Responses’ (2002) Economic and Political Weekly 1741, 1744.
[21] S Bhattacharya, ‘Impact of Domestic Violence on Child Development’ (2017) 9(2) Indian Journal of Social Work 121, 126.
[22] Childline India Foundation, Annual Report 2021–22 (CIF 2022) 23–27.
[23] Ministry of Health and Family Welfare, National Family Health Survey (NFHS-5) 2019–21: India Report (International Institute for Population Sciences 2021) 468.
[24] National Crime Records Bureau, Crime in India 2022: Statistics (Ministry of Home Affairs 2023) voll, ch 5.
[25] Indira Jaising, Domestic Violence and the Law in India: A Socio- Legal Perspective (Oxford University Press 2005) 102.
[26] Shilpa Aggarwal v State (NCT of Delhi) (2009) 1 SCC 726.
[27] Reena Banerjee v Government of NCT Delhi 2011 SCC OnLine Del 3392 [45].
[28] Juvenile Justice (Care and Protection of Children) Act 2015, ss 2(13), 2(14).
[29] Ved Kumari, The Juvenile Justice System in India: From Welfare to Rights (Oxford University Press 2004) 187-190.
[30] Prayas, Annual Report 2021–22 (TISS 2022) 14-18.
[31] Protection of Women from Domestic Violence Act 2005 (India).
[32] Ibid, s 3.
[33] Ibid, s 2(f).
[34] Ibid, s 12.
[35] Aruna Choudhary, Children as Secondary Victims of Domestic Violence: Legal Perspectives in India (2020) 12 Indian Journal of Law and Society 56.
[36] Juvenile Justice(Care and Protection of Children) Act 2015 (India).
[37] Ibid, s 2(14).
[38] Ibid, ss 29–31.
[39] Protection of Children from Sexual Offences Act 2012 (India).
[40] Rohit Sharma, ‘Intersection of DV, Child Protection, and Juvenile Justice in India’ (2021) 9 Journal of Indian Law and Society 78.
[41] Shilpa Aggarwal v State (NCT of Delhi) (2009) 149 DLT 21 (Delhi HC).
[42] Reena Banerjee v Govt of NCT Delhi (2011) 157 DLT 529 (Delhi HC).
[43] Anne Carolin and G. Gladston Xavier, Impact of Domestic Violence on Children: Causes and Preventive Measures (2020) 32–42.
[44] UNICEF, A Familiar Face: Violence in the Lives of Children and Adolescents (2017).
[45] Anne Carolin and G. Gladston Xavier, Impact of Domestic Violence on Children: Causes and Preventive Measures (2020) 32–42.
[46] Ibid.
[47] National Family Health Survey (NFHS-5), Key Indicators (2019–21).
[48] Shweta Singh, ‘Children as Victims of Domestic Violence: A Study in Indian Context’(2021) 13 Indian Journal of Social Work 45.
[49] Albert Bandura, Social Learning Theory (Prentice-Hall, 1977).
[50] Tata Institute of Social Sciences, Impact of Domestic Violence on Children in Kerala (2018).
[51] Bachpan Bachao Andolan, Annual Report 2021–22
[52] Moylan et al., The Effects of Childhood Exposure to Domestic Violence on Delinquency (2010) 15 Journal of Family Violence 131.
[53] Ibid.
[54] Shweta Singh (n 5).
[55] Shilpa Aggarwal v State (NCT of Delhi) (2009) 149 DLT (Delhi HC)
[56] Reena Banerjee v Govt of NCT Delhi (2011) 157 DLT 529 (Delhi HC).
[57] Tata Institute of Social Sciences (n 7)
[58] Lenore E. Walker, The Battered Woman Syndrome (3rd edn, Springer, 2017).
[59] Moylan et al., The Effects of Childhood Exposure to Domestic Violence on Delinquency (2010) 15 Journal of Family Violence 131.
[60] Shijia Su, The Impact of Domestic Violence on Juvenile Delinquency: A Systematic Review (2021) 9 Journal of Interpersonal Violence 9.
[61] National Family Health Survey (NFHS-5), Key Indicators (2019–21).
[62] Tata Institute of Social Sciences, , Impact of Domestic Violence on Children in Kerala (2018).
[63] Bachpan Bachao Andolan, Annual Report 2021–22.
[64] Lenore E. Walker, The Battered Woman Syndrome (3rd edn, Springer, 2017).
[65] Albert Bandura, Social Learning Theory (Prentice-Hall, 1977).
[66] Shweta Singh, ‘Children as Victims of Domestic Violence: A Study in Indian Context’(2021) 13 Indian Journal of Social Work 45.
[67] UNICEF, A Familiar Face: Violence in the Lives of Children and Adolescents (2017).
[68] Ibid.
[69] Shilpa Aggarwal v State (NCT of Delhi) (2009) 149 DLT 21 (Delhi HC).
[70] Reena Banerjee v Govt of NCT Delhi (2011) 157 DLT 529 (Delhi HC).
[71] Anne Carolin and G. Gladston Xavier (n 2).
[72] UK Home Office, Working with Children and Young People Exposed to Domestic Violence (2020).
[73] David Finkelhor et al., Exposure to Domestic Violence and Juvenile Delinquency in the United States(2015) 12 Child Abuse & Neglect 140.
[74] South African Department of Social Development, Protecting Children from Domestic Violence (2019).
[75] Protection of Women from Domestic Violence Act 2005 (India), Juvenile Justice (Care and Protection of Children) Act 2015 (India), Protection of Children from Sexual Offences Act 2012 (India).
[76] Anne Carolin and G. Gladston Xavier, Impact of Domestic Violence on Children: Causes and Preventive Measures (2020) 32-42..
[77] UK Home Office Working Together to Safeguard Children (2018).
[78] Ibid.
[79] Child Abuse Prevention and Treatment Act 2010 (USA); Finkelhor D et al., Exposure to Domestic Violence and Juvenile Delinquency (2015) 12 Child Abuse & Neglect 140.
[80] South African Department of Social Development, Victim Empowerment Programme Annual Report (2019).
[81] Finkelhor D et al., (n 5).
[82] South African Department of Social Development (n 6).
[83] Juvenile Justice (Care and Protection of Children) Act 2015 (India).
[84] Bachpan Bachao Andolan, Annual Report 2021–22
[85] UK Home Office (n3).
[86] Henggeler SW, Schoenwald SK, Multisystemic Therapy for Antisocial Behaviour in Children and Adolescents (Guilford Press 2011).
[87] UK Home Office (n3).
[88] Henggeler SW, Schoenwald SK, Multisystemic Therapy for Antisocial Behaviour in Children and Adolescents (Guilford Press 2011).
[89] South African Department of Social Development (n 6).
[90] Lalita Kumari v. Govt of UP (2013) 2 SCC 1.
[91] Vijayalakshmi v. State of Tamil Nadu (2010) 4 SCC 1.
[92] Shilpa Aggarwal v State (NCT of Delhi) (2009) 149 DLT 21(Delhi HC).
[93] Reena Banerjee v Govt of NCT Delhi(2011) 157 DLT 529 (Delhi HC).
[94] Shilpa Bhatnagar v. Union of India(2014) 10 SCC 47.
[95] Juvenile Justice (Care and Protection of Children) Act 2015 (India), ss 29-31.
[96] Juvenile Justice (Care and Protection of Children) Act 2015 (India), ss 29-31.
[97] Ibid.
[98] Bachpan Bachao Andolan, Annual Report 2021–22.
[99] Childline India Foundation, Annual Report 2021–22.
[100] UNICEF, A Familiar Face: Violence in the Lives of Children and Adolescents (2017).
[101] Ministry of Women and Child Development, Integrated Child Protection Scheme Guidelines (2020).
[102] Ujjawala Scheme, Ministry of Women and Child Development, Govt of India.
[103] National Commission for Protection of Child Rights, Annual Report 2021–22.
[104] Shweta Singh, ‘Children as Victims of Domestic Violence: A Study in Indian Context’(2021) 13 Indian Journal of Social Work 45.
[105] Ibid.
[106] Ibid.
[107] Juvenile Justice (Care and Protection of Children) Act 2015 (India), ss 29–31; Anne Carolin & G. Gladston Xavier, Impact of Domestic Violence on Children: Causes and Preventive Measures (2020) 32-42.
[108] Shweta Singh, ‘Children as Victims of Domestic Violence: A Study in Indian Context’ (2020) 13 Indian Journal of Social Work 45; UNICEF, A Familiar Face: Violence in the Lives of Children and Adolescents (2017).
[109] NCRB, Crime in India 2022; National Family Health Survey (NFHS-5), Key Indicators (2019-21).
[110] South African Department of Social Development, Victim Empowerment Programme Annual Report (2019).
[111] Protection of Women from Domestic Violence Act 2005 (India).
[112] UK Home Office, Working Together to Safeguard Children (2018).
[113] Finkelhor D et al., Exposure to Domestic Violence and Juvenile Delinquency in the United States(2015) 12 Child Abuse & Neglect 140.
