India's juvenile justice system, designed to offer young offenders a "second chance" through rehabilitation and reintegration, is instead grappling with systemic failures that leave many children languishing in the system, a recent study reveals. Ten years after the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015, the reality on the ground falls far short of its intended goals.
A key finding of the India Justice Report's study, "Juvenile Justice and Children in Conflict with the Law: A Study of Capacity at the Frontlines," exposes a critical backlog of cases. As of October 31, 2023, over 55,000 children were awaiting decisions on their cases, representing 55% of the total cases before Juvenile Justice Boards (JJBs) across 18 states and two Union Territories. Of the 100,904 cases that came before 362 JJBs in the year ending October 2023, a mere 45% were resolved. This sluggish pace contradicts the Act's core philosophy of swift disposal to prevent prolonged entanglement in the system. In Odisha, the pendency rate is a staggering 83%, while Karnataka fares better at 35%. Nationally, nearly one in two cases rolls over to the next year, highlighting the extensive delays young offenders face.
The structure of the JJBs themselves contributes to the problem. The law mandates a full bench of a principal magistrate and two social worker members to ensure balanced decisions. However, the study found that 24% of JJBs, or 111 out of 470, operate without a full bench. These incomplete benches lead to slower hearings, less child-sensitive decisions, and extended institutionalization. The average backlog per board is 154 cases, further straining the system.
Further undermining the system is a lack of essential infrastructure and resources. Shockingly, only 11 districts out of 292 that provided usable data meet the minimum standards required to deliver justice in a child's best interest. These standards include the presence of a JJB, child welfare institution, special juvenile police unit, legal aid clinic, probation officer, adequate staff, and manageable caseloads. Disturbingly, 14 states, including Maharashtra, Gujarat, and West Bengal, have failed to establish "Places of Safety" for 16-18-year-olds accused of serious offenses, potentially leading to their detention in inappropriate settings. Access to legal aid is also inadequate, with 30% of responding boards lacking an attached legal services clinic, despite every child's entitlement to free legal aid.
The consequences of these systemic failures are dire. Children are languishing in prolonged legal processes, hindering their rehabilitation and reintegration. The lack of comprehensive and effective rehabilitation programs deprives young offenders of crucial services such as education, vocational training, mental health support, and employment opportunities. Societal stigma further complicates their reintegration into society.
To address these challenges, several reforms are needed. Increased investment in infrastructure, staff training, and support services is crucial. Comprehensive rehabilitation programs focusing on education, vocational training, and mental health support are essential for successful reintegration. Addressing the root causes of juvenile delinquency, such as poverty, lack of education, and social inequality, is vital for prevention. Promoting restorative justice mechanisms and encouraging non-custodial measures can also reduce institutionalization. Continued aftercare programs, mentoring, and support networks are necessary to ensure a successful transition for young offenders.
