Why in the News?
- A first-of-its-kind study by the India Justice Report (IJR) has revealed that more than 55% of cases before India’s Juvenile Justice Boards (JJBs) were pending as of October 31, 2023, highlighting systemic gaps in staffing, data management, and infrastructure.
- The findings, based on over 250 RTI responses from 21 States, show that JJBs have disposed of less than half of 1,00,904 cases filed before them.
What’s in Today’s Article?
- Juvenile Justice Board (Status, Findings from the Report, Structural Gaps, Way Forward)
Status of Juvenile Justice Boards Across India
- According to the IJR study, while 92% of India’s 765 districts have constituted JJBs, the pendency rate is alarmingly high and varies widely:
- Odisha: 83% pendency
- Karnataka: 35% pendency
- National Average: 55% pendency
- Moreover, 24% of JJBs are not fully constituted, and 30% lack an attached legal services clinic, both essential for delivering child-centric justice.
Findings from the India Justice Report Study
- The report titled “Justice and Children in Conflict with the Law: A Study of Capacity at the Frontlines” evaluates the functioning of institutions created under the Juvenile Justice (Care and Protection of Children) Act, 2015.
- High Pendency and Workload
- Each JJB handled an average of 154 pending cases annually, reflecting a serious mismatch in caseload and capacity.
- Staffing and Infrastructure Shortfalls
- Major vacancies in JJB positions, particularly social workers and support staff
- Insufficient funds for training and capacity-building
- Lack of child-friendly infrastructure in many districts.
- These gaps directly affect the quality and timeliness of hearings.
- Poor Data Systems and Transparency
- Unlike the National Judicial Data Grid for courts, no central repository exists for JJB data. RTI responses revealed:
- 11% of queries were rejected outright,
- 24% received no reply,
- Only 36% received complete responses.
- High Number of Juveniles Apprehended
- 40,036 juveniles were apprehended in 31,365 cases,
- Over 75% were aged 16-18 years, indicating a rising trend of older adolescents entering the justice system.
Structural Gaps in the Juvenile Justice Architecture
- The IJR study highlights that despite a decade since the JJ Act 2015, the decentralised juvenile justice architecture remains weak:
- Inter-Agency Coordination Deficit
- The four nodal agencies, Police, Department of Women & Child Development, State Child Protection Society (SCPS), and State Legal Services Authority (SLSA), often operate in silos.
- More than 500 RTI queries were submitted across 28 States and 2 UTs, covering 530 districts. The fragmented responses reflect poor coordination and monitoring.
- Inadequate Legal Support
- With 30% of JJBs lacking legal aid clinics, many children face the system without proper defence representation, contrary to the child-centric principles of the JJ Act.
- Vacancies in Child Care Institutions
- Not just JJBs, but even child care institutions suffer from significant staff shortages, affecting rehabilitation and reintegration efforts.
Way Forward
- To strengthen the juvenile justice ecosystem, experts recommend:
- Establishing a National Juvenile Justice Data Grid,
- Filling vacancies across JJBs and child care institutions,
- Ensuring the availability of legal aid services in all districts,
- Enhancing inter-agency data sharing,
- Increasing budgetary allocations for child protection services,
- Regular monitoring and public reporting of JJB functioning.
- Such reforms are essential for safeguarding children in conflict with the law and ensuring a fair, timely, and child-friendly justice process.