Why in news?
The India Justice Report released in late 2024 continues to draw attention in 2025 for highlighting severe delays in India’s juvenile justice system. According to the report, more than fifty thousand cases involving children were pending before Juvenile Justice Boards across India as of October 2023, and over half of all cases remained unresolved. The report also pointed to vacant positions on boards, inadequate facilities and poor access to legal aid.
Background
The Juvenile Justice (Care and Protection of Children) Act 2015 created Juvenile Justice Boards (JJBs) in every district to adjudicate cases involving children in conflict with the law. Each board comprises a first‑class judicial magistrate and two social workers, at least one of whom must be a woman. JJBs are mandated to ensure that proceedings are child‑friendly, provide translators and legal aid, and focus on rehabilitation rather than punishment. Places of Safety and observation homes house children during inquiry or after orders.
Findings of the India Justice Report
- Pendency of cases: On 31 October 2023, 50,482 children were awaiting justice, and 55 % of the cases before 362 boards were pending. High pendency defeats the purpose of speedy justice envisaged under the Act.
- Vacancies: About one‑quarter of JJBs were not fully constituted. Several boards lacked either the magistrate or one of the social worker members, impairing decision‑making.
- Infrastructure gaps: Only 14 states had at least one Place of Safety for children above sixteen involved in serious offences, though the law mandates such facilities in every state. Many observation homes had no medical staff, and legal aid clinics were functional in less than half of them.
- Transparency and data: State authorities did not routinely publish data on case disposal; researchers had to file Right to Information applications to obtain statistics, suggesting a lack of transparency.
Way forward
- Fill vacancies on boards promptly and train members in child psychology and rights‑based approaches.
- Establish Places of Safety and ensure observation homes have adequate medical, counselling and recreational facilities.
- Strengthen legal aid clinics so that children have timely access to lawyers; provide interpreters and support staff.
- Publish regular reports on pending and disposed cases to improve accountability. Digital case management systems can help track progress.
- Above all, uphold the principle of rehabilitation by focusing on education, vocational training and social reintegration rather than punitive measures.
