Report reveals systemic neglect, yet Odisha emerges as a leader in full bench constitution
Nearly ten years ago, the introduction of the Juvenile Justice (Care and Protection of Children) Act, 2015, promised a revolutionary shift in how India treats minors who brush against the law. The goal was to replace the harshness of criminal courts with a child-friendly, rehabilitative embrace. However, the latest findings from the India Justice Report (IJR), released on November 24, suggest that this promise remains largely unkept across the nation.
The study, titled ‘Juvenile Justice and Children in Conflict with the Law: A Study of Capacity at the Frontlines,’ reveals a grim reality where thousands of children are trapped in a cycle of delays, confusing data, and inadequate infrastructure.
The Burden of Waiting
Time is a luxury that children in the justice system do not have, yet the report indicates that time is exactly what is being wasted. As of October 31, 2023, the study highlights that over 50,000 children were stuck in legal limbo, awaiting justice.
When researchers analyzed the performance of 362 Juvenile Justice Boards (JJBs) across the country, they discovered that 55 percent of cases filed were still pending. This backlog contradicts the very soul of the 2015 Act, which mandates swift disposal of cases to protect the dignity and mental health of minors. Instead of rehabilitation, many children are facing the same agonizing delays as adult prisoners.
A Silver Lining for Odisha
Amidst the national gloom, Odisha has emerged as a significant positive outlier. The law dictates that a Juvenile Justice Board must be a multi-disciplinary body comprising a Principal Magistrate and two social workers. This mix is vital to ensure that decisions are made with a psychosocial understanding of the child, not just a legal one.
Nationally, the situation is concerning, with 24 percent of JJBs operating without a full bench. However, the report explicitly names Odisha, alongside Sikkim and Jammu & Kashmir, as the only regions to report fully constituted benches in every single district. This suggests a robust commitment by the state administration to adhere to statutory requirements.
Infrastructure and Safety Gaps
Beyond the courtroom, the physical environment for these children is deteriorating. The report flagged a severe lack of 'Places of Safety'—facilities specifically required for children aged 16 to 18 accused of serious offenses. Major states like West Bengal, Maharashtra, and Andhra Pradesh completely lack these dedicated facilities.
Furthermore, the support systems within Child Care Institutions (CCIs) are alarmingly weak. In 15 states, nearly 80 percent of institutions have no appointed medical staff, leaving vulnerable children without immediate healthcare. Legal aid is equally scarce; despite mandates, 30 percent of responding boards admitted to having no attached legal services clinic.
The Data Black Hole
Perhaps the most structural failure identified is the opacity of the system. Unlike the adult courts, which have the National Judicial Data Grid, the juvenile system lacks a centralized public database. The IJR team had to file over 250 Right to Information (RTI) applications just to gather basic data.
Maja Daruwala, the chief editor of the report, emphasized that without a free flow of information from police stations and care homes up to the authorities, supervision becomes "episodic" and accountability becomes impossible. Ultimately, the report concludes that without urgent reform, the juvenile system is failing to distinguish itself from the inefficiencies of the regular criminal justice machinery.
