Quick Overview
A recent India Justice Report (IJR) study exposes deep structural and administrative weaknesses in India’s Juvenile Justice system. High pendency of cases, incomplete Juvenile Justice Boards (JJBs), inadequate legal support, poor transparency, and the absence of an integrated data system continue to undermine the Juvenile Justice (Care and Protection of Children) Act, 2015. Reforms such as strengthening institutional capacity, enhancing rehabilitation measures, and establishing a national-level data grid are essential to restore a child-centric justice framework.
Introduction
India enacted the Juvenile Justice (Care and Protection of Children) Act, 2015, to uphold a rights-based approach to child justice, prioritising rehabilitation, care, and protection. Yet, a first-of-its-kind study by the India Justice Report (IJR), titled “Juvenile Justice and Children in Conflict with the Law,” highlights serious lapses that continue to weaken the system. From high pendency to insufficient infrastructure, the findings underscore the urgent need to reform the operational capacities of Juvenile Justice Boards (JJBs), Child Welfare Committees (CWCs), and associated institutions.
Critical Gaps in the Juvenile Justice System
1. High Pendency of Cases
Over 55 per cent of cases before JJBs were pending as of October 2023.
Pendency varies across states: Odisha (83 per cent) and Karnataka (35 per cent).
Each JJB handles an average of 154 pending cases annually, leading to significant delays.
2. Structural Gaps in JJB Constitution
24 per cent of JJBs are not fully constituted, affecting quorum and hearing regularity.
30 per cent of JJBs lack a Legal Services Clinic, delaying access to legal representation for children in conflict with the law.
3. Weak RTI Response Culture
Out of 500+ RTI applications analysed:
11 per cent were rejected,
24 per cent received no reply,
Only 36 per cent provided complete information.
This reflects systemic opacity and poor compliance with transparency norms.
4. Administrative and Coordination Challenges
Weak inter-agency coordination between police, WCD departments, SCPS, SLSA, and CCIs.
Inadequate monitoring mechanisms hinder effective implementation of the JJ Act, 2015.
5. Absence of a Child-Centric Data Grid
Experts note the absence of an integrated National Juvenile Justice Data Grid to streamline information flow across agencies.
This gap results in inconsistent case tracking, delayed decisions, and limited accountability.
Understanding the Juvenile Justice (Care and Protection of Children) Act, 2015
Background
Replaced the Juvenile Justice Act, 2000.
Introduced a uniform adoption framework, replacing earlier personal law-based adoption regimes.
Strengthened legal and institutional safeguards for Children in Conflict with Law (CICL) and Children in Need of Care and Protection (CNCP).
Juvenile Justice Boards (JJBs)
Constituted under Section 4 of the Act in every district.
Comprise a Judicial/Metropolitan Magistrate and two social workers (one woman).
Mandated to ensure child-friendly procedures and focus on rehabilitation over retribution.
Trial of Juveniles for Heinous Crimes
Juveniles aged 16–18 years may be tried as adults for heinous offences after a preliminary assessment by the JJB.
Strengthening CARA
The Act grants statutory status to the Central Adoption Resource Authority (CARA), regulating domestic and inter-country adoptions.
Child Care Institutions (CCIs)
Mandatory registration of all CCIs within six months to improve oversight and quality of care.
Juvenile Justice (Care and Protection) Amendment Act, 2021
Categorised offences attracting 3–7 years imprisonment as non-cognisable.
Shifted authority for adoption orders from courts to district magistrates to speed up adoption processes.
Measures Needed to Strengthen the Juvenile Justice System
1. Strengthening Institutional Infrastructure
Fill vacancies in JJBs and CWCs to ensure quorum.
Establish dedicated Legal Services Clinics for each JJB.
Improve CCI staffing, training, and oversight mechanisms.
2. Prioritising Rehabilitation and Reintegration
Enhance vocational training, counselling, mental health support, and education.
Provide comprehensive post-care follow-up to reduce recidivism.
3. Enhancing Transparency and Data Systems
Develop a central, publicly accessible juvenile justice data portal.
Track pendency, case progress, and rehabilitation outcomes.
Enable real-time monitoring and performance audits.
Conclusion
A decade since its enactment, the Juvenile Justice (Care and Protection of Children) Act, 2015, continues to struggle due to infrastructural inadequacies, administrative deficiencies, and lack of robust data systems. The IJR findings clearly show that unless institutional capacity, transparency, and coordination are strengthened, the Act cannot fulfil its rights-based, child-centric mandate. A reformed approach focusing on rehabilitation, transparency, and systemic accountability is essential to safeguard the rights and future of children in conflict with the law.
CLAT/Exam Relevance Summary
Important for legal reasoning, child rights law, and statutory interpretation.
JJ Act provisions, JJB roles, and trial of juveniles for heinous crimes are frequently tested.
Key for GK/Current Affairs sections.