Why in the News?
The recently released report "Juvenile Justice and Children in Conflict with the Law: A Study of Capacity at the Frontlines" by the India Justice Report evaluated the functioning of the Indian Juvenile Justice System ten years after enactment of Juvenile Justice (Care and Protection of Children) Act 2015 (JJ Act, 2015).
System of Juvenile Justice in India
- It is based upon Juvenile Justice (JJ) Act, 2015 (replaced JJ Act, 2000). It was amended by JJ (Care and Protection of Children) Amendment Act, 2021.
- JJ Act, 2015 consolidates and amends law relating to children found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, development and treatment.
- It defines Child as a person who has not completed 18 years of age, and Juvenile as a child below age of 18 years.
- Child in conflict with law means a child below 18 years of age who is alleged/ found to have committed an offense.
Key provisions of the JJ Act, 2015
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Issues in Juvenile Justice System
- Inconsistent JJBs: As of 2023-2024, there were 707 JJBs across 765 districts. Only 18 states and the UT of Jammu & Kashmir had a JJB in every district.
- Uneven capacity of JJBs: Of the 470 out of 707 JJBs, 24% (i.e. 111/470) functioned without a full bench, resulting in weaker child- sensitive adjudications, longer case durations and institutional stays for children.
- Rising Pendency: 55% of juvenile justice cases filed before 362 JJBs remained pending as of October 31, 2023 due to resource constraints. Also, the pendency rate varies widely from 83% in Odisha to 35% in Karnataka.
- Lack of oversight: Oversight of children in custody fails to meet statutory targets. Despite legal mandate for monthly CCI inspections, JJBs conducted only 810 inspections across 14 states and J&K against mandated 1,992.
- High institutionalisation in Observation Homes: ~83% of total children in custodial facilities were in observation homes, reflecting prolonged pendency of enquiries.
- Weak Access to Information: There is no central public repository for juvenile cases such as National Judicial Data Grid for the adult judicial system.
- Sparse Funding: Despite available JJ funds, many states underutilise allocations due to capacity gaps and delayed disbursements, leading to persistent financial management deficits and poor outcomes for children.
Important Judicial Pronouncement related to Juvenile Justice System
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Way Forward to strengthen Juvenile Justice System
- Recommendations of India Justice Report
- Strengthen JJB Capacity: with adequate personnel in key positions such as judges, superintendents, probation officers, counsellors and legal aid counsel.
- Leverage technology to enhance efficiency: Deploy digital case-management systems and centralised database by linking police, court, CCI to track children in conflict with law and ensuring their best interests.
- Prioritize Training as force multiplier and Conduct periodic evaluations.
- Establish Fast-track juvenile courts: to preventing prolonged detention of children awaiting trial.
- Strict monitoring and accountability mechanisms: to prevent rights violations, mistreatment, or abuse within juvenile institutions.
- Juvenile handling: Establishing specialized juvenile justice units within police stations and courts can improve sensitive handling of juvenile cases and ensure that due process is followed.
Conclusion
Strengthening India's juvenile justice system requires moving decisively from a compliance-driven approach to a child-centric, rights-based framework that prioritises rehabilitation over retribution. Bridging capacity gaps in Juvenile Justice Boards, leveraging technology for transparency and case tracking, and institutionalising regular training and oversight can significantly improve outcomes for children in conflict with the law.
