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Indian Justice Report on Juvenile Justice System: Structural Gaps and Governance Challenges

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.

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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:

  1. Police
  2. Department of Women & Child Development
  3. State Child Protection Society (SCPS)
  4. 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.

Denial of Land Inheritance Rights to Tribal Women

Context: The Supreme Court’s judgment in Ram Charan vs Sukhram (July 2025) held that excluding daughters from ancestral property violates the fundamental right to equality. This has brought tribal women’s inheritance rights into sharp focus.

Relevance of the Topic: Mains: Issues faced by Women: Land Inheritance Rights 

Land Inheritance Rights of Tribal Women: 

  • Tribals in Scheduled Areas are governed by their customary laws in matters of marriage, succession and adoption. 
  • Despite women contributing more in farms than the men, none of the tribal customary laws prevalent in the Scheduled Five Area States give land inheritance rights to females in ancestral properties. 
  • The consequence is stark landlessness among women. As per the Agriculture Census 2015-16, only 16.7% of Scheduled Tribe women possess land compared to 83.3% of men. 

Reasons for Denial of Land Inheritance Rights to Tribal Women: 

  • Fear of Land Alienation: The belief that if tribal women marry outside their community, inherited land may pass into non-tribal hands.
  • Communitarian Nature of Tribal Land: Tribal land is often perceived as communitarian property, where individual ownership is discouraged, and this argument is used to justify women’s exclusion.

The idea of codifying gender-equal inheritance laws for tribal communities has had a contentious history. The opposing argument is that replacing tribal customs with codified laws would undermine tribal identity. However, it perpetuates systemic gender discrimination and economic marginalisation of women.

Problems with Customary Exclusion: 

  • Denial of land rights undermines women’s economic independence and entrenches cycles of poverty and dependence.
  • It perpetuates patriarchal control over resources and denies women equal status within families and communities.
  • The communitarian ownership argument fails in practice, as proceeds from land sales or acquisitions rarely benefit the village community, instead accruing to male members.
  • Violation of fundamental rights: Denial of inheritance rights violates fundamental rights.
    • Article 14 guarantees equality before law.
    • Article 15 prohibits discrimination on the grounds of sex. 
    • Article 21 guarantee of dignity is compromised when women are deprived of property and economic security.
  • It also contradicts constitutional morality, which demands that customs and traditions must conform to the principles of equality and justice. 

Judicial Interventions: 

  • Madhu Kishwar vs State of Bihar (1996), the SC refrained from striking down tribal succession customs, fearing disruption of settled traditions.
  • Prabha Minz vs Martha Ekka (2022): Jharkhand High Court ruled in favour of Oraon women, and upheld the right of females on inheritance, despite being barred by customary law.
  • Kamala Neti vs Special Land Acquisition Officer (2022): The SC held that a woman belonging to a Scheduled Tribe (ST) is entitled to an equal share in inherited tribal land. The SC urged the Central Government to amend Section 2(2) of the Hindu Succession Act, 1956 which expressly exempts tribal women from the scope of the Act. 
  • Ram Charan case (2025), the SC held that excluding daughters from ancestral property violates the fundamental right to equality.

Way Forward

  • Codify Tribal Succession Act that ensures equal inheritance rights for women while being sensitive to tribal socio-cultural contexts. Codification of succession laws on the lines of Hindu and Christian laws would harmonise customary autonomy with constitutional equality.
  • Greater awareness and sensitisation within tribal communities to counter fears of land alienation and to highlight the role of women as equal stakeholders.
  • Continued judicial scrutiny to ensure that customs failing the test of reasonableness and public policy are struck down.

Empowering tribal women through property rights is essential not only for gender justice but also for achieving inclusive tribal development and social justice.

Need for Separate Enumeration of Particularly Vulnerable Tribal Groups

Context: The Ministry of Tribal Affairs (MoTA) has requested the Registrar General and Census Commissioner of India (RGI) to consider enumerating particularly vulnerable tribal groups (PVTGs) separately in the upcoming Census. 

Relevance of the Topic:Prelims: Key facts about Particularly Vulnerable Tribal Groups. Mains: Challenges faced by PVTGs & significance of Separate Enumeration. 

Particularly Vulnerable Tribal Groups

  • PVTGs are a sub-category of Scheduled Tribes (STs) created based on the recommendations of the Dhebar Commission (1960-61) which had investigated the various issues faced by STs, and in consultation with state governments. 
  • The Commission identified the disparity in socio-economic and living conditions between different tribal groups, and said that some tribal groups were more vulnerable than others. They are characterised by:
    • either a declining or stagnant population
    • geographical isolation
    • use of pre-agrarian practices (such as hunting and gathering)
    • economic backwardness
    • relatively low literacy 
  • 75 PTVGs have been identified across the country, spread over 18 states and 1 Union Territory (Andaman & Nicobar). Among the 75 listed PVTGs, the highest number are found in Odisha (13), followed by Andhra Pradesh (12).

Challenges Faced by PVTGs: 

  • Outdated List: Baseline survey has not been conducted in States and UT’s which is impacting the implementation of welfare programmes designed for PVTGs. Moreover, regular census does not comprehensively capture data of PVTGs. The criteria for identifying PVTGs is questionable, especially the marker of geographical isolation. 
  • Land Alienation: A mounting pressure from external groups who seize their lands for various purposes such as mining, industrialisation, and other uses, leading to the displacement and forfeiture of traditional livelihoods for numerous PVTGs. 
  • Lack of Access to basic services: Due to a dearth of infrastructure and resources in their remote regions, as well as discriminatory and neglectful treatment by government officials, PVTGs frequently encounter impediments to obtaining basic amenities such as healthcare, education, and clean water.
  • Exploitation: PVTGs are often subject to exploitation and discrimination by more powerful groups, including non-tribal populations and the government. They are often denied their rights to resources, participation in decision-making processes, and representation in government bodies.
  • Socio-Cultural: PVTGs have a unique culture and way of life, but they are increasingly under threat of assimilation into mainstream society. This is due to factors like education, urbanisation, and migration, which can erode traditional knowledge and practices.  Impact of
  • Climate Change: PVTGs are particularly vulnerable to the effects of climate change, which can impact their livelihoods and access to natural resources. This includes changes in rainfall patterns, rising temperatures, and increased frequency of natural disasters like floods and droughts. 

Way Forward

  • Conducting a Baseline Survey: A comprehensive survey should be conducted to identify PVTGs living in different parts of the country to capture critical information about PVTGs, such as their population size, geographical location, economic conditions, social and cultural practices, and access to basic amenities like health care, education, and livelihood opportunities.
  • Developing a Vulnerability Index: A vulnerability index should be developed for each PVTG based on factors such as health, education, livelihood, and social protection, among others. It will enable policymakers to tailor interventions that are targeted and effective.
  • Rights-based Approach: Suitable measures should be taken for protection and promotion of their rights (especially to their land rights and customary habitats). Strict controls need to be imposed so that no development can take place on PVTGs land and habitats without their free, prior, and informed consent.
  • Livelihood strategies: Development of livelihood strategies for PVTGs should factor in their often nomadic lifestyle and their unique skills and indigenous knowledge. Focus should be on conservation and enhancement of their traditional skills. E.g., Todas in dairy and horticulture. 
  • Governance: There is a need to develop a comprehensive framework to assist the PVTGs in a manner that empowers them to determine their own development path at their own pace. 
  • Service Delivery: Service providers need to be well incentivised to perform their duties and remain stationed in the areas where PVTGs reside. Residential clusters should be created where government officials of different categories and different departments can be accommodated.
  • Accountability Mechanism for officials: Ensure the accountability of government officials working in the areas of PVTGs. 

Significance of Separate Enumeration of PVTGs

PVTGs have never been enumerated separately in any census, till date. 

  • Separate Enumeration of PVTGs would accurately capture the number of PVTG households, individuals, and their distinctive demographic, cultural and socio-economic features, and issues. 
  • Such information would help in the better implementation of targeted schemes for PVTGs, such as the Pradhan Mantri Janjati Adivasi Nyay Maha Abhiyan (PM JANMAN), and other government schemes, especially in health and education. It will help in understanding if the PVTG classification criteria is still relevant.

Also Read: Tribal Welfare Outreach Campaign Launched Across 500+ Districts in India 

Adi Karmayogi Initiative

Context: The Ministry of Tribal Affairs has launched the Adi Karmayogi Initiative under the Dharti Aba Janjatiya Gram Utkarsh Abhiyaan to improve last-mile scheme delivery in tribal villages.

Relevance of the Topic: Prelims: Key features for Adi Karmayogi initiative. 

Adi Karmayogi Initiative

  • Adi Karmayogi Abhiyan is a national movement to build a decentralised tribal leadership and governance ecosystem.
  • Nodal Ministry : Ministry of Tribal Affairs
  • Aim: To empower tribal communities, strengthen responsive governance, and create local leadership opportunities across the country.
  • The initiative emphasises Sewa (service), Sankalp (Resolve), and Samarpan (Dedication) reflecting the guiding principle of “Sabka Saath, Saka Vikas, Saka Prayas, Sabka Vishwas.”

Objectives: 

  • To promote responsive, people-centric governance at village and community levels.
  • To conduct multi-departmental Governance Lab Workshops / Process Labs from state to district, block, and village levels for capacity Building of state, District, and Block Master Trainers.
  • To co-create development plans where tribal communities and government officers jointly formulate the 1 Lakh Tribal Villages-Vision 2030, including detailed action plans and investment strategies.
  • To build a network of 20 lakh change leaders across 550 districts and 30 States/UTs to implement grassroots development initiatives.
  • To ensure 100% saturation of welfare schemes in tribal villages.
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Key Features of Adi Karmayogi Initiative

  • The programme aims to build a cadre of 20 lakh trained grassroots change leaders across 550 districts in 30 States/UTs to foster responsive governance in tribal communities. Under this model, 240 state-level master trainers, 2750 district-level trainers, and 15,000 block-level trainers will be prepared, who will eventually train around 20 lakh tribal participants. 
  • The initiative follows a cascade model of training, where knowledge flows from master trainers to district and block-level trainers and finally to village-level participants. The training methodology is participatory and activity-based.
    • Activities such as candle-lighting, fishbowl discussions, knot-tying tasks, cognitive group exercises, and role-playing are used to deliver leadership and problem-solving lessons.
    • Each village-level training session will include 15 volunteers, ensuring local participation and direct engagement with community members.
  • Villagers and officers will co-create the Tribal Village Vision 2030, aligned with national and international commitments towards sustainable development goals and inclusive development. These Village Vision documents will be displayed as public murals, serving both as community pledges and as aspirational blueprints for State machinery to follow.
  • The initiative actively involves community volunteers to strengthen outreach:
    • Adi Sahyogis (teachers, doctors, and other professionals)
    • Adi Saathis (SHG members, tribal elders, youth, and local leaders) — to strengthen outreach.
  • The Ministry plans to establish one lakh Adi Seva Kendras across tribal villages. These centres will function as single-window service hubs where villagers can access information and benefits of all welfare schemes.
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Also Read: Tribal Welfare Outreach Campaign Launched Across 500+ Districts in India 

Permanent National Commission for De-notified, Nomadic and Semi-Nomadic Tribes

Context: The recently concluded National Conference of De-notified Tribes (DNTs) witnessed increased calls for the establishment of a permanent National Commission for Denotified, Nomadic, and Semi-Nomadic Tribes.

Relevance of the Topic:Prelims: Key facts about De-notified Tribes.
Mains: De-notified Tribes: Issues faced and Way Forward. 

De-notified Tribes

  • The term 'De-notified Tribes' (DNT) stands for all those communities which were once notified under the Criminal Tribes Acts, enforced by the British Raj between 1871 and 1947.
  • These Acts were repealed by the independent Indian Government in 1952, and these communities were "De- Notified". 
  • A few of these communities which were listed as de-notified were also nomadic. Some of the examples of DNTs are Yerukulas (AP), Lambadis (AP), Koli (Gujarat), Lodha/Lodhi (Bihar/Jharkhand), Banjara (MP/Rajasthan), Kalbelia (MP), Ramosi (Maharashtra), Domb (Odisha), Bawaria (Rajasthan), Boyas (Tamil Nādu) and Madari (UP). 

Issues faced by DNTs and Nomadic Tribes: 

  • Education: Due to migratory lifestyle, acute poverty, lack of awareness of the importance of education and poor access to educational facilities, the literacy rate is much lower and the school dropout ratio of children belonging to these communities is significantly higher.
  • Health: Members of DNT/NT communities are not likely to be much aware of health-related issues, including preventive healthcare, immunisation, family planning, communicable diseases. They are so poor that they cannot afford private medical doctors other than quacks.
  • Economic Issues:
    • Decline in traditional occupations due to modernisation and Industrialisation.
    • Loss of livelihood due to shrinking pasture lands:
      • Because of agriculturally centred development strategies. E.g., Extension of Indira Gandhi Canal project into Rajasthan led to expansion of agriculture in wastelands and eliminated fallow areas for grazing.
      • In India, grasslands are classified as wastelands and the government hopes to make these lands productive by developing them for solar & wind energy projects and commercial plantations of crops like oil palm.
  • Anomalies: De-notified, Nomadic and Semi-Nomadic Tribes were included in the lists of SC, ST, and OBC categories. However, their categorisation was not logical or uniform. A single (De-notified or Nomadic) community living in contiguous States/UTs and homogenous in nature has been included in different categories.
    • E.g., The community of Banjara has been included as ST in Andhra Pradesh and Orissa; as OBC in Chhattisgarh, Gujarat, Haryana, Madhya Pradesh, Maharashtra, and Rajasthan and as SC in Punjab, Delhi and Karnataka.
    • There are still a number of DNTs which have not been included in any one of these categories. Instead, they are placed at par with the communities of the general category.
  • Issue of identification: There has been no well-defined criteria for the classification of de-notified and nomadic tribes. It has been observed that the inclusion and exclusion of communities in such lists was done on political considerations rather than on fair and uniform criteria.
  • No data on demography: The exact number of the nomadic tribes in India is still unknown as there has been no formal census conducted which could help in tracking them. The lack of reliable data about their demography and geographical distribution handicapped the policy makers to frame appropriate measures for their development.

Measures Needed for De-notified, Nomadic, and Semi-Nomadic Tribes (DNTs/NTs):

  • Permanent Commission: Establish a permanent statutory body for DNTs/NTs, led by a prominent community leader as Chairperson. Bhiku Ramji Idate Commission (2018) has proposed completion of classification of DNT communities, and setting up of a permanent national commission for their protection and development. 
  • Rational Classification: Remove anomalies and standardize the classification of these communities under SC, ST, or OBC categories based on clear, uniform criteria.
  • Census and Survey: Conduct a systematic community-based census and socio-economic survey to gather accurate demographic and geographic data.
  • Land and Forest Rights: Ensure land and forest rights for DNTs under the Forest Rights Act to secure their traditional livelihoods.
  • Education: Establish dedicated residential schools to improve literacy rates and reduce school dropouts.
  • Healthcare: Introduce mobile health clinics to provide accessible healthcare services, including preventive care and immunisation.
  • Sub-categorisation of STs: Implement sub-categorisation within STs to ensure equitable distribution of benefits.
  • Political Representation: Ensure adequate political representation through nominations in local bodies and legislative assemblies.

Also Read: Impact of classifying Denotified Tribes 

SC questions Age Restriction for Surrogacy

Context: The Supreme Court has reserved its verdict in a group of petitions challenging the age cap for couples seeking to have a child through surrogacy. The petitioners are especially those couples who had started the surrogacy process before the enactment of the present legal framework for surrogacy.

Relevance of the Topic: Prelims: Key facts about Surrogacy (Regulation) Act, 2021. Mains: Challenges In Surrogacy (Regulation) Act, 2021. 

Surrogacy in India: Concept and Legal Provisions

  • Surrogacy (Regulation) Act, 2021 defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple. 
  • Surrogacy can be classified into:
    • Altruistic surrogacy entails no financial compensation for the surrogate.
    • Commercial surrogacy involves paying the surrogate for bearing the child, implying a profit
    • Compensated surrogacy simply involves covering the incurred expenses and loss of wages.
  • The Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021, prescribe the legal framework for surrogacy.

About Surrogacy (Regulation) Act, 2021

  • The Act prohibits commercial surrogacy, but allows altruistic surrogacy. 
  • Rationale: To prevent the commodification of reproductive labour and to impose procedural safeguards to ensure that surrogacy is used only in cases of medical necessity.
  • The Act permits surrogacy to: 
    • Intending couple who suffer from proven infertility (Intending woman must be between 23-50 years of age; fathers must be between 26 and 55).
    • Indian woman who is a widow or divorcee between the age of 35 to 45 years and who intends to avail the surrogacy.
  • Surrogacy clinics are prohibited from conducting surrogacy or any associated procedures unless they receive registration approval from the relevant authority.
  • The National Surrogacy Board (NSB) and State Surrogacy Boards (SSBs) shall be established by both the central and state governments, respectively.
  • For a surrogate mother to be eligible for a certificate from the appropriate authority:
    • she must have a familial relationship with the intending couple
    • not have served as a surrogate mother previously
    • possess a certificate confirming her medical and psychological health
    • be an ever-married woman having a child of her own, and be 25 to 35 years old.
  • The surrogate mother is not allowed to use her own eggs for the surrogacy process.
  • An order concerning the parentage and custody of the child to be born through surrogacy, has to be passed by a Magistrate's court.
  • Insurance coverage for a period of 36 months covering postpartum delivery complications for surrogate. 

Issue of Age Restriction on Surrogacy: 

In Devika Biswas v. Union of India, the Supreme Court held that Right to Reproduction is an essential facet of the ‘Right to Life’ under Article 21 of the Indian Constitution.

  • The legal framework for surrogacy has a certain age limit for the married couple or single married widowed women intending to have a child through surrogacy. 
  • The petitioners argue that the age limit creates an unreasonable classification:
    • violating Article 14 of the Constitution. 
    • interferes with reproductive autonomy which has been recognised as an aspect of personal liberty under Article 21.

The government has defended the age restrictions on grounds of medical safety, citing that the statutory age caps are based on recommendations from medical experts, and align with practices in reproductive health. The argument is that: 

  • Surrogacy age limits align with natural reproductive timelines and are necessary for protecting the welfare of the child.
  • Advanced parental age influences both an unborn child’s health through genetic and epigenetic changes, and also the filial love that a child requires for 20 years of their life.

Challenges In Surrogacy (Regulation) Act, 2021: 

  • Exclusionary: The provisions deny this opportunity to LGBTQ+ persons, live-in couples, unmarried women and single parents. The definition of single women excluding unmarried women is arbitrary and violative of Articles 14 and 21 of the Constitution.
  • Altruistic surrogacy is Paternalistic: It expects a woman to go through the physical and emotional tolls of surrogacy free of cost and only out of ‘compassion’. Thus reinforcing the age old patriarchal norm of no economic value to the women’s work. 
  • It does not respect the bodily autonomy of women: By shifting from right based to need based approach, it snatches away the right of a woman to decide upon her reproductive choices. Further, it is violative of her fundamental rights under Articles 14 (right to equality) and 21 (right to life) of the Constitution. 
  • Impetus to black marketing: Blanket ban on commercial surrogacy may lead to creation of unregulated, exploitative underground/black markets.
  • Does not define close relative: The Act does not define ‘close relative’, which is a condition to be fulfilled by the surrogate mother. Thus, scope for confusion and exploitation of loop holes is always there.
  • Reproductive liberty to the couples: Several restrictions in form of eligibility criteria etc. restrict the surrogacy option to intending couples, which is a denial of reproductive liberty to them.
  • No power to make a decision on abortion: The Intending couple does not have final say in the consent to abort a surrogate child, even if the child being born out of a surrogacy arrangement is at the risk of physical or mental abnormalities. 
  • Identity and emotional aspect: Several times couples do not want to reveal their plans of opting for surrogacy, now putting the condition of close relative to be a surrogate clearly ignores this aspect and restricts the choices. Further, familial bonds and interaction may involve high emotional complications between surrogate mother and intended parents.
  • Definition of infertility: Infertility is restricted to failure to conceive, does not cover other issues that a woman may face in delivering a child. 

Way Forward

  • The government should remove the time limit for IVF treatment before permitting surrogacy, taking into consideration medical circumstances and concerns that deter some women from childbirth.
  • The issue of postpartum depression should be addressed by implementing provisions for its management, and maternal benefits should be accessible to all mothers.
  • The government should provide a clear definition of close relative and infertility.
  • With appropriate safeguards, expanding the surrogacy sector to include commercial surrogacy will benefit individuals who long for the experience of parenthood.
  • The government should include live-in couples, unmarried women, and single parents in this Act, as Right to Reproduction is a fundamental right. 

Judicial Discretion and Bail in POCSO Cases

Context: In recent years, courts have begun considering nuances while granting bail on the POCSO cases. Bail may be considered favourably if the relationship appears to be consensual, and especially where the victim has recorded a statement before the Magistrate to that effect.

Relevance of the topic:

Prelims: Key facts about the Protection of Children from Sexual Offences (POCSO) Act.

Mains: POCSO Act: Implementation Issues. 

Protection of Children from Sexual Offences (POCSO) Act

  • The POCSO Act is a special law in India enacted in 2012 to protect children (under 18 years) from sexual abuse and exploitation. 
  • It is a gender-neutral law. The Act defines a child as "any person" under the age of 18.
  • Implementation: Ministry of Women and Child Development.

Key Provisions of Protection of Children from Sexual Offences (POCSO) Act

  • The Act criminalises both penetrative and non-penetrative sexual assault, sexual harassment, and child pornography.
  • It deems all minors under 18 incapable of ‘consent’, and any sexual activity with a person under 18 is automatically considered abuse, even if the child agrees. The accused bears the burden of proving his innocence. 
  • Typically, the trauma that child sexual abuse victims endure prevents them from voicing their complaints immediately. In 2018, the Union Ministry of Law and Justice clarified that there is no time or age bar for reporting sexual offences under the POCSO Act.
  • It mandates child-friendly procedures like special courts, in-camera trials, and video-recorded testimonies. 

With strict penalties, a presumption of guilt on the accused, and time-bound trials, the Act aims to fill critical legislative voids and deliver swift, victim-centric justice.

POCSO and Age of Consent

  • POSO does not recognise consent below the age of 18. Any sexual act with a teen, even if voluntary, is treated as an offence. This creates a legal grey zone in cases where teenagers enter into consensual relationships that later attract criminal charges.

Judicial Discretion and Bail in POCSO Cases: 

Recently, a special POCSO court in Mumbai granted bail to a 40-year-old female teacher accused of sexually assaulting a teenage boy, noting the consensual nature of their relationship.

  • Bail in POCSO Cases: POCSO offences are cognizable and non-bailable; Arrests can be made without a warrant, and bail is not automatic. But the law does not contain specific statutory guidelines on bail.
  • Judicial discretion in Bail: In recent years, courts have begun considering nuances while granting bail. Bail may be considered favourably if the relationship appears to be consensual, and especially where the victim has recorded a statement before the Magistrate to that effect. Examples include:
    • Deshraj @ Musa vs State of Rajasthan case (2024): The SC granted bail to an 18-year-old boy who had been in jail for five months in a POCSO case involving a 16-year-old girl. The relationship appeared to be consensual.

Also Read: SC recent judgment and deviation from POCSO Act   

These decisions reaffirm that bail under POCSO remains a matter of judicial discretion where courts weigh constitutional liberties against the risk to the victim.

Key challenges to the Implementation of POCSO Act

  • Disclosure of identities: Though the act banned it, there have been numerous instances when the identity of child victims has been revealed by the media or court themselves while giving verdict. 
  • Mandatory reporting provision: The mandatory reporting provision of crimes under the Act proved to be counterproductive as victims of sexual abuse or their families may hesitate to approach medical professionals for fear of being drawn into a criminal case, thereby negatively impacting their right to health and medical care. It hinders adolescents’ access to safe and legal sexual and reproductive services, including legal abortions and contraceptives.
  • Applicability to consensual relations in minors: The POCSO Act made any sexual activity involving a child an offence under the Act. By rendering teenagers incapable of giving consent to sexual relationships, consensual ‘romantic relationships’ between teenagers often get criminalised. Most of such cases often resulted in acquittal because the adolescent girl failed to testify against her sexual partner.
  • Delay in investigation: The pendency of POCSO cases is extremely high due to slow pace of police investigations and delay in submitting the reports by forensic laboratories.
  • Lack of Special Courts in all Districts: Though the POCSO Act came into force in 2012, designation of Special Courts (as mandated by the Act) did not happen at the expected pace. States were lagging behind in designating these courts causing the Supreme Court to intervene.
  • Inadequate compensation to the victims: The payment of compensation to victims under the POCSO Act is a complex issue because there is often a lack of clarity on procedures for disbursing the compensation, especially in cases where the child has no family support, or resides in a childcare institution without parental support, or there is apprehension that the compensation so awarded may be misused. 

Debate on bringing down the Age of Consent: 

  • In an ongoing case, Senior Advocate Indira Jaising has requested the SC to bring down the age of consent from 18 to 16. 
  • Rationale: The criminalisation of adolescent relationships is a direct infringement of fundamental rights of the person. 
  • However, the Central government responded that such changes, even in the name of reform or adolescent autonomy, would undermine the legal protections designed to safeguard minors and potentially increase the risk of child abuse. 

Way Forward

  • Increase awareness about the Act by including age appropriate information about POCSO in school curriculum, including information on helplines like Childline.
  • Appropriate amendments to the law to decriminalise adolescent sexuality. 
  • Stipulate a time limit for consideration of disbursement of compensation to the victim. 
  • Set up more Forensic laboratories while improving the capacity and infrastructure of existing ones. 

Also Read: Law Commission Report On Pocso Act 

The Child Adoption Crisis in India

Context: The latest data obtained through a recent Right To Information (RTI) application shows asymmetry in child adoption in India. Central Adoption Resource Authority (CARA), the country’s nodal adoption agency, has struggled to effectively manage the adoption process. 

Relevance of the Topic:Prelims: Key facts about Central Adoption Resource Authority (CARA). Mains: The Child Adoption Crisis in India. 

Adoption is India are governed by two laws

  • Hindu Adoption and Maintenance Act, 1956 (for Hindus, Jains, Sikhs and Buddhists). 
  • Juvenile Justice (Care and Protection of Children) Act, 2015. CARA comes into the picture for parents taking the JJ Act route.

Central Adoption Resource Authority

  • Central Adoption Resource Authority (CARA) was set up in 1990 by the Ministry of Women & Child Development to oversee child adoption procedures for Indians and non-resident Indians living abroad.
  • CARA attained the status of a statutory body in 2016 under the Juvenile Justice (Care and Protection of Children) Act, 2015.  
  • CARA is the nodal body regulating the adoption of orphaned, surrendered and abandoned children in India. 

Mandate and Functions of Central Adoption Resource Authority

  • CARA is mandated to monitor and regulate in-country and inter-country adoptions in accordance with the provisions of the Hague Convention on Intercountry Adoption, 1993, ratified by Government of India in 2003.  
  • These procedures include centralising registration for children and prospective parents, conducting home study reports, referring children, preparing orders and conducting post-adoption follow-ups.
  • CARA is also mandated to frame regulations on adoption-related matters from time to time as per Section 68 of the JJ Act, 2015.  

In 2018, CARA allowed individuals in a live-in relationship to adopt children from and within India. 

Hague Convention on Intercountry Adoption, 1993:

  •  The international agreement facilitates adoption beyond borders. 
  • It helps find a permanent family for a child for whom a suitable family cannot be found in his or her State of origin and to prevent the abduction, the sale of, or traffic in children. 
  • India ratified the convention in 2003.

Juvenile Justice Act and Adoption Process

  • The Juvenile Justice (Care and Protection of Children) Act, 2015 empowered CARA to streamline the process and infuse transparency and efficiency into the system.
    • It included setting up an e-governance system (CARINGS) to facilitate adoption, allowing prospective parents to track applications and setting out times for domestic and inter-country adoptions to ensure early deinstitutionalisation of such children.
    • The streamlined process meant that once CARA gave a no-objection certificate (NOC) to childcare institutions and civil society organisations, they could directly give a child for adoption, minimising the possibility of trafficking and corruption. 
  • The Juvenile Justice (Care and Protection of Children) Amendment Act, 2022 authorised local District Magistrates (DMs) to issue adoption orders in order to ensure speedy disposal of cases and enhance accountability, thus decentralising responsibilities. The DMs would also be charged with inspecting the functioning of local childcare institutions, child welfare committees, juvenile justice boards, etc.

Benefits of Adoption: 

  • Adoption can provide a child with the critical resource needed for a healthy and stable living. 
  • Allows mothers to continue pursuing their goals without putting their education or career on hold.
  • Relieves the financial and emotional stress of unplanned pregnancy and single parenting.
  • Gives an opportunity to help hopeful parents who would not be able to have a child otherwise.  

Challenges in Child Adoption Process in India: 

  • Growing gap and imbalance in Adoption: In 2022, a Parliamentary panel called the imbalance in adoption a paradoxical situation:
    • As per the 2020 World Orphan Report, India has an estimated 3.1 crore children who were orphans. But as of 2025, only 2652 children were legally free for adoption.  
    • While a significant number of parents are willing to adopt, only a limited number of children are legally cleared for adoption. As of 2025, there are 13 prospective parents for every child free for adoption. 
  • Time-consuming adoption process: Average delay for prospective parents to get an adoption referral in India has increased from 3 years by 2022 to about 3.5 years in 2025. This delay could force prospective parents to adopt children via illegal means. 
  • Implementation Challenges:
    • Over-Centralisation: CARA’s centralised processes and requirement for multiple NOCs and home studies cause delays and discourage many adoptions, especially inter-country adoptions. 
    • Tedious legal formalities: Exhaustive paperwork and court procedures often lead to attrition of prospective parents in the adoption process pipeline.
    • Infrastructure constraints: Implementation is a huge challenge due to resource limitations, lack of training, and a gap in linkages between adoption agencies and the Child Care Institutions (CCI).
    • Shortage of babies/young children: High demand-supply skew exists for healthy infants/toddlers (aged 0-2 years) amid prevalent societal prejudices. Most children tend to be older in age or have special needs, who are less likely preferred by prospective parents.

In 2023, the Supreme Court “expressed displeasure” over the time-consuming adoption process.

Way Forward

  • Digitalisation of the records of children with Child Care Institutions (CCI) to speeden the process of bringing children to legal adoption pool.
  • Address Legal Complexities: Simplify procedures, make court processes child-friendly avoiding intimidating environments. Set time-bound frameworks at each step to fasten the adoption process. 
  • Mandatory formal training and counseling for prospective parents, particularly those adopting children with special needs. 
  • Enhance Monitoring and Quality enhancement mechanisms for Child Care Institutions (CCI), including mandatory licensing and annual grading on indicators like resource availability and child protection norms compliance. 
  • A Parliamentary Standing Committee (2022) has recommended district-level surveys to ensure that orphan and abandoned children found begging on the streets are made available for adoption at the earliest.
  • Robust post-adoption tracking systems are also needed.

Hindu Adoption and Maintenance Act (HAMA), 1956 which allows Hindus to adopt without involving agencies remains a popular mode of child adoptions. However, it adds to concerns as adoptions under HAMA may bypass child welfare checks leading to potential misuse about trafficking and illegal adoptions.  

Hence, India needs a robust child adoption process that is child-centric, less time consuming and  institutionalised. 

Recognising Adivasi Identity in the Census

Context: Activists and intellectuals from the tribal community demand a separate column titled ‘Adivasi/Tribal faiths’ (a separate religion code ‘Sarna’) in Census for identifying their religion.

Relevance of the Topic: Prelims: Key facts about Census. Mains: Demand for a separate column titled ‘Adivasi/ST faiths’ in Census. 

About Census of India: 

  • Census is the largest administrative exercise to collect demographic, social, and economic data of the country’s population. It has been conducted every ten years since 1881.
  • Conducted by: Office of the Registrar General and the Census Commissioner, under the Ministry of Home Affairs.
  • Conducted under the legal framework of the Census Act, 1948. It plays a crucial role in policy planning, governance, and resource distribution. 
  • The next Census, originally scheduled for 2021, has been delayed due to the COVID-19 pandemic, preparations are now underway for the Census in 2026-27.

Issue related to misidentification of STs in Census: 

Despite its importance and scale, the Census process has faced long-standing issues and criticisms. These include the lack of caste-based enumeration beyond SC/ST and exclusion of indigenous tribal religions from religious categorisation. 

  • Census includes the religious demography of India through the registration of a person’s religious beliefs. The religions mentioned are Hinduism, Islam, Christianity, Sikhism, Jainism, and Buddhism.
  • For those with other beliefs, there is a general column titled ‘Other Religious Persuasion’ (ORP). There is no column for the beliefs of STs. 
  • The restriction in the Census to six religions or the ambiguous ORP category leads to misidentification. This misidentification is reflected in the 2011 Census data:
  • The ST population was counted as 10.43 crore (8.6% of the then population of 120 crore). 
  • However, only 0.66% of the population (or 79 lakh people) registered themselves under the ORP column in the 2011 Census, which means that the large majority of ST communities could not register their religious or spiritual identity and had to misidentify with other religions. This omission is unconstitutional on several counts.

Constitutional Implications of Exclusion: 

  • Violation of Article 25, 26, 29: These articles guarantee freedom of conscience and the right to manage religious affairs. By clubbing tribal religions under the ambiguous “Other Religious Persuasion (ORP)” or assimilating them under Hinduism, the state denies STs the dignity of recognition. Article 29(1): Protects the right of any section of citizens to conserve its distinct language, script or culture. Exclusion from the Census contradicts this cultural right. 
  • Undermines Fifth & Sixth Schedules: These schedules aim to protect tribal customs, traditions, and self-governance. Failure to officially acknowledge their spiritual traditions weakens the basis of their legal autonomy.
  • Breach of Constitutional Morality: The Constitution mandates respect for diversity. Forced religious misclassification violates the spirit of inclusivity and fraternity enshrined in the Preamble.
  • Other implications 
    • Leads to Cultivate Invisibility. Leads to loss of distinct tribal identity over time.
    • Tribal students, especially in government/EMRS schools, are taught dominant religious content, leading to alienation from their own traditions.
    • Leads to under-representation in cultural schemes and budgets.
    • Affects the implementation of PESA, Forest Rights Act, and Minority-focused schemes.

In November 2020, the Jharkhand Assembly unanimously passed a resolution demanding a separate religious code for Sarna religion in the 2021 Census, but the Centre did not respond.

This is perceived by many tribal communities as centralisation and homogenisation of the ‘one nation, one culture’. Adivasis have been pushing back against new forms and methods of assimilation. The demand for recognition of their faiths in the Census is one such form of resistance.

 

Using Technology to Empower Women and Children

Context: Over the past decade, the Ministry of Women and Child development has integrated technology into its programmes to ensure that the benefits reach the last mile swiftly, transparently, and efficiently. 

Relevance of the topic:

Prelims: Key technological initiatives for women and children.

Mains: Role of technology in women and children development.

Leveraging Technology for Women’s Rights and Well-being

1. Saksham Anganwadi Initiative: 

  • Designed to modernise and empower over 2 lakh Anganwadi centres across India. These centres are being upgraded with smart infrastructure, digital devices, and innovative learning tools, enabling more effective delivery of nutrition, healthcare, and pre-school education services.
  • The integration of services provided by 14 lakh Anganwadi centres across the nation with the Poshan Tracker has enabled real-time data entry, performance monitoring, and evidence-based policy interventions.

2. Poshan Tracker: 

  • Over 10.14 crore beneficiaries, including pregnant women, lactating mothers, children under six, and adolescent girls, are now registered on Poshan Tracker.
  • At its core, Poshan Tracker is driving the national vision of a Swasth Bharat, Suposhit Bharat. By equipping Anganwadi workers with smartphones and comprehensive training, the initiative ensures quality service delivery at the last mile.
  • It reimagines Anganwadi centres as digitally empowered community hubs that bridge the urban-rural divide.
  • Recognised with the Prime Minister’s Award for Excellence in Public Administration (2025), it also supports Poshan Bhi, Padhai Bhi, providing digital training modules to Anganwadi workers for early childhood education.

3. Facial Recognition and Leak-Proof Nutrition Delivery: 

  • To plug leakages in the Supplementary Nutrition Programme (SNP), a facial recognition system has been introduced. This ensures that only eligible beneficiaries receive nutrition support. 

4. DBT under Pradhan Mantri Matru Vandana Yojana: 

  • Under the PMMVY Rules, 2022, pregnant women receive ₹5,000 for the first child, and an enhanced ₹6,000 for the second child if it is a girl, promoting positive reinforcement for daughters.
  • Delivered through a paperless Direct Benefit Transfer system, about ₹19,000 crore has reached over 4 crore women beneficiaries since its inception.
  • It is a fully digital programme leveraging Aadhaar-based authentication, mobile-based registration, doorstep assistance from Anganwadi/ASHA workers, and real-time dashboards. 
  • A dedicated grievance redressal module and citizen-facing portal ensure transparency, trust, and accountability, strengthening the government’s commitment to Beti Bachao, Beti Padhao.

4. Tech-Led Women’s Safety Platforms

Beyond nutrition, the Ministry is ensuring safety and support for women through technology-led platforms.

  • SHe-Box Portal: A single-window platform to lodge complaints under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It enables both online submission and tracking of complaints.
  • Mission Shakti Dashboard and Mobile App: It provides integrated assistance to women in distress, connecting them to the nearest one-stop centre, now operational in nearly every district. These interventions exemplify how technology is being used not just for efficiency, but for justice, dignity, and empowerment. 

Tangible outcomes of Welfare Schemes:  

These targeted efforts are delivering tangible outcomes. The latest reports from the Health Management Information System of the Ministry of Health and Family Welfare (MoHFW) reveal that: 

  • Sex Ratio at Birth has increased from 918 (2014-15) to 930 (2023-24).
  • Maternal Mortality Rate has declined to 97 per 1,000 births (2018-20) from 130 per 1,000 births (2014-16). 
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Leveraging Technology for Child Protection and Welfare: 

Digital transformation has played a key role in child protection and welfare. 

Under the Juvenile Justice Act, 2015, digital tools are being used to protect and support children: 

  • CARINGS Portal (Child Adoption Resource Information and Guidance System) streamlines and digitises the adoption process, making it more transparent and accessible.
  • Digitisation has also improved monitoring of child care institutions, foster care placements, and statutory support structures under the Act.
  • Platforms developed by the National Commission for Protection of Child Rights are tracking violations of child rights.
  • Mission Vatsalya dashboard strengthens convergence and coordination among various child welfare stakeholders. 

Tribal Welfare Outreach Campaign Launched Across 500+ Districts in India

Context: Recently, the Ministry of Tribal Affairs launched the Tribal Welfare Outreach Campaign to implement tribal welfare schemes across over 500 districts in India.

Relevance of the Topic: Prelims: About outreach campaign for the implementation of its welfare schemes, PM JANMAN, Dharti Aaba Janjatiya Gram Utkarsh Abhiyan.

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Tribal Welfare Outreach Campaign:

  • The Ministry of Tribal Affairs has rolled out a large-scale outreach campaign for the implementation of its welfare schemes in over 500 districts of the country, aiming to cover 1 lakh tribal dominated villages and habitations.
  • The outreach is a part of the Centre’s ongoing year-long celebration of the Janjatiya Gaurav Varsh. The Centre began this celebration on November 15, 2024, the birth anniversary of Birsa Munda.
  • Objective: The campaign is centered around ‘benefit saturation’ camps aimed at  last mile doorstep delivery of two key flagship schemes:
    • Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan (PM JANMAN)
    • Dharti Aaba Janjatiya Gram Utkarsh Abhiyan.

Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan (PM JANMAN):

  • Launched in 2023
  • Objective: Address socio-economic challenges faced by Particularly Vulnerable Tribal Groups (PVTGs)
  • Focus: Basic facilities and welfare services to PVTGs, including- housing, water, sanitation, education, health, connectivity, and livelihood opportunities.
  • Delivery Mechanism: Localised camps offering documentation, health cards, financial inclusion, and welfare enrolment.

Dharti Aaba Janjatiya Gram Utkarsh Abhiyan:

  • Launched in 2024. Named after Birsa Munda, revered tribal freedom fighter also known as Dharti Aaba (Father of the Earth)
  • Objective: Comprehensive development of tribal areas and communities by addressing critical gaps in infrastructure, healthcare, education, and livelihoods. 
  • Enabling infrastructure and enhancing socio-economic conditions in selected tribal-majority villages (with a population of 500 or more, and at least 50% tribal residents as well as villages in Aspirational Districts with a tribal population of 50 or more). 
  • 17 Ministries of the Government of India will unite for the welfare of tribal communities through 25 focus interventions. Each line ministry has been allocated budget and targets under the scheme. Construction of hostels, rural electrification, building of homes under the Pradhan Mantri Awas Yojana, livestock support and fisheries support etc.
  • Nodal Agency: Ministry of Tribal Affairs 
  • The Mission will span a period of 5 years, from 2024-25 to 2028-29. 

The outreach campaign will run for a fortnight. Among its focal points are providing basic documentation to tribal communities in the form of Aadhaar cards, Ayushman Bharat cards through enrolment, grant of titles under the Forest Rights Act, and opening of pension accounts as well as Jan Dhan accounts. 

Transgender Couple to be listed as Gender-Neutral Parents: Kerala HC

Context: The Kerala High Court has allowed a transgender couple to be officially recognised as the ‘legal parents’ of their child on the birth certificate. 

Relevance of the Topic:Mains: Evolution of Rights of Transgender People. 

Background

  • The petitioners (Zahhad, a trans man, and Ziya, a trans woman) were a transgender couple with their biological child (Zahhad gave birth). 
  • Initially, the Kozhikode civic body issued a birth certificate listing Zahhad as the “mother” and Ziya as the “father,” ignoring their self-identified genders, even though the couple had updated identity documents. 
  • Challenging this in the HC, the couple argued that the registration process violated their fundamental rights, including dignity, privacy, and equality. They also cited the Transgender Persons (Protection of Rights) Act, 2019, which upholds the right to self-perceived gender identity.

Ruling by the Kerala HC

In the landmark judgement- ‘Zahhad v. State of Kerala 2025’, a single-bench of Kerala High Court: 

  • Allowed the use of gender-neutral terminology, "parent" instead of assigning mother or father roles based on birth-assigned sex.
  • The HC ruled that the law must evolve in tandem with new concepts of human life and societal changes. When a statutory provision on a particular point is not in line with such societal changes, the Court must intervene to address the genuine grievances of the parties concerned.

Landmark Cases Cited: 

In its reasoning, the Court relied on certain landmark judgements, such as:

  • Deepika Singh v. Central Administrative Tribunal: guardians or caretakers of the child may change with remarriage, adoption, or fostering. The legal understanding of “family” may include manifestations like queer families as well as single parents.
  • NALSA v. Union of India: Recognised the right of transgender persons to self-identify their gender, affirming their inclusion within the constitutional guarantee of dignity and autonomy.
  • Navtej Singh Johar v. Union of India: Decriminalised same-sex relationships and upheld the rights of LGBTQIA+ persons right to life and personal liberty.
  • Badshah v. Urmila Godse: Emphasised the doctrine of “social justice adjudication,” urging the courts to bridge the gap between law and evolving societal needs.

Also Read: Embracing Diversity: Paving the Way for Transgender Inclusivity and Equality 

The verdict is being hailed as a milestone for LGBTQIA+ rights in India, setting a precedent for inclusive documentation practices that respect diverse family structures.

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