Context: The Indian Justice Report (IJR), an initiative of Tata Trusts, has released a new study titled
“Juvenile Justice and Children in Conflict with the Law: A Study of Capacity at the Frontlines.”
The report evaluates the functioning of Juvenile Justice Boards (JJBs) and allied institutions under the Juvenile Justice Act, 2015, highlighting systemic gaps in capacity, data, and oversight.
Key Findings of the Indian Justice Report
1. High Pendency of Cases
As of October 2023, 55% of 100,904 cases before JJBs were pending.
- Average pendency: 154 cases per JJB
- Odisha had the highest pendency (83%)
- Karnataka reported the lowest (35%)
This backlog undermines the Act’s requirement that inquiries be completed within four months.
2. Bench Shortages & Facility Gaps
- 25% of JJBs function without the mandatory three-member bench (Magistrate + 2 social workers).
- 30% of JJBs lack an attached Legal Services Clinic, blocking access to free legal aid.
- 14 states have not set up the statutory “Place of Safety” for 16–18-year-olds involved in heinous offences.
3. Poor Standards Compliance
Only 11 of 292 districts met all seven minimum standards required under the JJ framework.
There are just 40 girls-only child-care homes across India, highlighting gendered neglect.
4. Data and Transparency Gaps
Unlike the adult criminal justice system which uses the National Judicial Data Grid (NJDG), juvenile justice lacks a centralised public data repository, impeding planning and monitoring.
5. Weak Oversight
Only 40% of mandated inspections of Child Care Institutions (CCIs) were completed, despite recurring concerns over abuse, overcrowding, and untrained staff.
6. Coordination Deficit
The report shows poor coordination among the four nodal agencies:
- Police
- Department of Women & Child Development
- State Child Protection Society (SCPS)
- State Legal Services Authority (SLSA)
This fragmentation weakens rehabilitation, monitoring, and timely justice delivery.
About Juvenile Justice Boards (JJBs)
- Legal Basis: Juvenile Justice (Care and Protection of Children) Act, 2015
- Purpose: Reformative, child-centric adjudication—not punitive justice
- Composition:
- Chairperson: Metropolitan/Judicial Magistrate
- Two social workers (at least one woman)
- Functions:
- Inquiry into alleged offences
- Assessment of circumstances
- Formulation of rehabilitation and care plans
- Ensuring the child is produced within 24 hours
About the Juvenile Justice Act, 2015
The Act aligns India’s juvenile framework with the UN Convention on the Rights of the Child (UNCRC).
Key Features:
- Categories of offences:
- Petty (≤3 years), Serious (3–7 years), Heinous (≥7 years)
- Adult Trial Provision:
Children aged 16–18 may be tried as adults for heinous offences after a preliminary assessment by the JJB. - Institutional Setup:
Separate JJBs and Child Welfare Committees (CWCs) in every district.
Conclusion
The IJR highlights deep structural and institutional weaknesses in India’s juvenile justice architecture. While the JJ Act, 2015 provides a progressive, child-centric legal framework, persistent shortages in manpower, infrastructure, data systems, and inter-agency coordination undermine effective implementation.
Strengthening JJB capacity and creating a transparent, accountable ecosystem is essential to safeguard the rights and rehabilitation of children in conflict with the law.
