Addressing Gaps in the Juvenile Justice System in India: Insights from the 2023 Report

Understanding the Juvenile Justice System in India

Recently, a study published by the India Justice Report unveiled significant structural and operational gaps within India’s juvenile justice system, particularly regarding the functionality of Juvenile Justice Boards (JJBs).

Background of the Juvenile Justice Act

The Juvenile Justice (Care and Protection of Children) Act, 2015 was enacted to protect, rehabilitate, and reintegrate children who come into conflict with the law while ensuring their rights and welfare. As of October 2023, approximately 92% of India’s 765 districts had established Juvenile Justice Boards.

Under Section 15 of the Act, JJBs are mandated to conduct a preliminary assessment, evaluating:

• The child’s mental and physical capacity
• The child’s understanding of the offence's consequences
• The circumstances surrounding the alleged offence

Unlike regular courts monitored through the National Judicial Data Grid, there is currently no centralized, publicly accessible database to track the functioning and case pendency of JJBs.

Key Issues Identified by the India Justice Report

The India Justice Report highlighted several critical issues affecting the juvenile justice framework:

• High Case Pendency: Juvenile Justice Boards are severely understaffed and lack resources, leading to considerable delays in hearings and rehabilitation processes. By October 31, 2023, nearly 55% of cases in 362 JJBs were pending, with significant inter-state discrepancies, such as 83% pendency in Odisha and 35% in Karnataka.
• Staffing and Infrastructure Shortages: Despite extensive geographic coverage, many JJBs are not fully operational. Approximately 24% of them were found to be incomplete, with each board managing an average backlog of nearly 154 cases.
• Rising Incidence of Juvenile Offences: The 'Crime in India 2023' report noted that 40,036 juveniles were apprehended in 31,365 cases under the Indian Penal Code and Special and Local Laws, with over 75% of these children aged between 16 and 18 years. This underscores the necessity for targeted interventions for older adolescents.
• Weak Institutional Coordination and Data Gaps: The study revealed inadequate inter-agency collaboration, limited data-sharing, and insufficient monitoring mechanisms. Information obtained via the Right to Information Act indicated uneven transparency and inconsistent record-keeping across various states.
• Concerns over Children’s Rights: Prolonged detentions, delayed assessments, and slow case resolutions violate the fundamental principle of the juvenile justice framework, which asserts that children in conflict with the law should be treated distinctly from adults, prioritizing care and rehabilitation.

Suggestions and Way Forward

To ensure dignified justice and rehabilitation for juveniles, reforms must emphasize timely justice, effective rehabilitation, and enhanced transparency. This will ensure that children are treated with dignity and offered a genuine opportunity for social reintegration.

Moreover, there is an urgent need for a child-centric National Data Grid for Juvenile Justice. This grid should standardize, integrate, and publicly share data related to JJBs, case pendency, rehabilitation outcomes, and institutional capacity. All relevant authorities must regularly publish updated data to bolster accountability, evidence-based policymaking, and public oversight.

Frequently Asked Questions (FAQs)

Q1. What are the main findings of the India Justice Report regarding juvenile justice in 2023?
Answer: The report highlights significant gaps in the juvenile justice system, including high case pendency, staffing shortages, and inadequate data management, affecting timely justice and rehabilitation.

Q2. What is the Juvenile Justice (Care and Protection of Children) Act, 2015?
Answer: The Act aims to protect and rehabilitate children in conflict with the law, ensuring their rights while focusing on their reintegration into society.

Q3. How many Juvenile Justice Boards (JJBs) are functional in India?
Answer: As of October 2023, around 92% of India's 765 districts have established Juvenile Justice Boards, but many face operational challenges.

Q4. What are the age demographics of juveniles in conflict with the law?
Answer: Reports indicate that over 75% of apprehended juveniles are aged between 16 and 18 years, emphasizing the need for focused interventions for older adolescents.

Q5. Why is data transparency important in juvenile justice?
Answer: Transparency in data helps improve accountability, informs evidence-based policymaking, and ensures public oversight in the juvenile justice system.

UPSC Practice MCQs

Question 1: What is the primary aim of the Juvenile Justice (Care and Protection of Children) Act, 2015?
A) To punish juvenile offenders strictly
B) To rehabilitate and reintegrate children in conflict with the law
C) To eliminate juvenile crimes completely
D) To reduce the age of criminal responsibility
Correct Answer: B

Question 2: As per the India Justice Report, what percentage of cases were pending in JJBs as of October 2023?
A) 35%
B) 55%
C) 75%
D) 83%
Correct Answer: B