India's juvenile justice system is experiencing significant implementation issues, potentially affecting young offenders' rights and rehabilitation opportunities. The Juvenile Justice (Care and Protection of Children) Act aims to protect children and facilitate their reintegration into society, but its enforcement faces challenges.
Case Example: Pooja's Experience
A case involving Pooja illustrates these issues. Pooja, accused of murder at age 16 in 2018, was reportedly held in an adult prison for six years despite being a minor. Indian law mandates that minors be presented before a Juvenile Justice Board (JJB) within 24 hours of arrest. Pooja's lawyer stated this did not occur. JJBs are responsible for determining if a child aged 16-18 accused of heinous crimes should be tried as an adult. They are also required to conduct regular inspections of prisons for minors. Pooja's case was eventually transferred to a JJB in 2024, which confirmed her minor status at the time of the alleged crime. She was released, having served beyond the maximum three-year sentence for a juvenile.
Systemic Challenges with Juvenile Justice Boards
Experts indicate widespread issues with JJBs, which are crucial for safeguarding children's rights. Key concerns include:
- Lack of Data: There is no centralized government portal tracking JJB data, hindering oversight and accountability.
- Case Backlogs: A November 2023 India Justice Report (IJR) found over half the cases before 362 surveyed JJBs were pending.
- Understaffing: The IJR noted that one in four JJBs lacked a full bench, despite legal requirements for fully-staffed boards in every district.
Maja Daruwala, editor at IJR, stated that inadequate data leads to poor oversight and reduced accountability, impacting care and rehabilitation. Fr Antony Sebastian, founder of the NGO Echo, highlighted that children from disadvantaged backgrounds are particularly vulnerable when the system fails.
Conditions in Child Care Institutions
Deeksha Gujral, programme director at iProbono, noted issues within child care institutions such as observation homes, special homes, and places of safety. JJBs are mandated to inspect these facilities monthly to ensure compliance with standards. However, advocates report that inspections are often infrequent or superficial. Many institutions are described as overcrowded, lacking counsellors, and deficient in recreational, educational, and vocational facilities. Age-based segregation within these facilities, though mandated, is not consistently maintained.