Ten years after the enactment of the Juvenile Justice (Care and Protection of Children) Act, 2015, the juvenile justice system in India faces significant challenges, mirroring issues prevalent in adult courts, including extensive delays and critical vacancies. A recent study by the India Justice Report (IJR) reveals that children in conflict with the law are disproportionately affected by these systemic failures.
The IJR study, titled "Juvenile Justice and Children in Conflict with the Law: A Study of Capacity at the Frontlines," highlights that as of October 31, 2023, over 55% of cases before Juvenile Justice Boards (JJBs) remained pending across 18 states and two Union Territories. This translates to more than 55,000 children awaiting decisions on their cases. The pendency rates vary significantly across states, with Odisha reporting a staggering 83% and Karnataka managing to maintain a rate of 35%. Nationally, nearly half of all cases are carried over to the following year.
The study, which involved a year-long RTI inquiry and data analysis from states between November 2022 and October 2023, also found that 24% of JJBs are operating without a full bench. These benches should consist of a principal magistrate and two social worker members. As of 2023-2024, there were 707 JJBs across 765 districts. Based on the responses of 470 JJBs, 111 did not have a fully constituted bench. Only Odisha, Sikkim, and Jammu & Kashmir have fully constituted benches. The absence of a full bench results in slower hearings, less sensitive decision-making, and prolonged institutionalization of children. On average, each board has a backlog of 154 cases.
The lack of adequate resources and infrastructure further exacerbates the problem. Thirty percent of JJBs lack attached legal services clinics. Additionally, 14 states, along with Jammu and Kashmir, do not have designated "places of safety" for children above 18 years of age. Oversight of Child Care Institutions (CCIs) is also reportedly poor. Across 166 homes in certain states, only 810 of the 1,992 mandated inspections were conducted.
Data collection and transparency are also major concerns. Unlike the National Judicial Data Grid, there is no central repository of information for JJBs. The IJR team filed over 250 RTI applications to gather basic information. Of the responses received from 28 states and two Union Territories, 11% were rejected, 24% received no response, 29% were transferred, and only 36% contained usable data.
According to 2023 data, 40,036 juveniles were apprehended in 31,365 cases. A majority, three-fourths, were between 16 and 18 years old.
Justice Madan B. Lokur, a former Supreme Court Judge, expressed concern that a quarter of JJBs do not have a full bench and that there are substantial staff vacancies in child care institutions. He emphasized the need for a child-centric National Data Grid to integrate information and for authorities to regularly publish standardized data.
