Without urgent corrective steps, the system meant to ensure safety, dignity, and rehabilitation for children in conflict with the law will remain overburdened, under-resourced, and unable to deliver justice in time.
More than 50,000 children in conflict with the law across the country are still awaiting the outcome of their cases, and over half of these matters were pending before Juvenile Justice Boards (JJBs) as of October 2023, according to a new India Justice Report.
Only one in four JJBs is operating with the legally required full Bench, the report observes.
Meant to respond swiftly to children in conflict with the law, the boards remain hamstrung by structural gaps, incomplete staffing, and weak monitoring.
Based on a study covering 28 states and two Union Territories, the report finds that while 92 per cent of districts have constituted JJBs, pendency rates vary sharply -- from 83 per cent in Odisha to 35 per cent in Karnataka -- revealing deep inequities in juvenile justice delivery.
In 2023 alone, 40,036 juveniles were apprehended in more than 31,000 cases, most of them aged between 16 and 18.
The study also notes that 14 states have no place of safety, the statutory facility required to house youngsters aged 16-18 accused of serious or heinous offences.
Child care institutions, where children stay during enquiries or after conviction, recorded only 810 inspections out of the 1,992 mandated across 14 states and Jammu and Kashmir.
Among 171 homes examined across 292 districts, only 40 were dedicated to girls.
Fifteen states reported just 28 medical officers working across 128 institutions, and nearly 80 per cent reported having no medical staff at all.
About 30 per cent of sanctioned social-worker posts in special juvenile police units remain vacant, while 30 per cent of JJBs lack the mandatory legal services clinic.
Only 142 legal-cum-probation officers (LCPOs) were reported across 292 districts that provided usable information, though every district is required to have at least one.
Commenting on the findings, former Supreme Court judge Justice Madan B Lokur said the shortages have a "detrimental effect" on children, adding that poor data and inconsistent reporting weaken the system's ability to act in the best interests of the child.
He called for a child-centric national data grid integrating all authorities involved in juvenile justice.
The report warns that without urgent corrective steps, the system meant to ensure safety, dignity, and rehabilitation for children in conflict with the law will remain overburdened, under-resourced, and unable to deliver justice in time.
Maja Daruwala, chief editor of the India Justice Report, said the juvenile justice system is pyramidal in structure.
"Its optimal functioning relies on information flowing regularly from first responders at individual institutions like police stations and care institutions upwards into overseeing authorities at the district, state, and national levels," she said.
Feature Presentation: Ashish Narsale/Rediff