India Justice Report Flags High Pendency in Juvenile Justice Boards

Context:

• The study titled ‘Juvenile Justice and Children in Conflict with the Law: A Study of Capacity at the Frontlines’, released by the India Justice Report (IJR), revealed significant shortcomings in India’s juvenile justice system.

• The report highlights alarming pendency rates, resource gaps, and systemic inefficiencies in the functioning of Juvenile Justice Boards (JJBs) under the Juvenile Justice (Care and Protection of Children) Act, 2015.

Key Highlights:

• Case Facts / Study Findings:

  • About 55% of cases before 362 JJBs remain pending nationwide.

  • Pendency rates vary:

    • 83% in Odisha

    • 35% in Karnataka

  • Although 92% of 765 districts have constituted JJBs (as of October 2023), disposal remains weak.

  • JJBs disposed of less than half of 1,00,904 cases registered nationwide.

  • Each JJB handles an average of 154 pending cases annually.

• Lack of Centralized Data & Transparency:

  • No centralized database equivalent to National Judicial Data Grid (NJDG) exists for JJBs.

  • Of 500 RTI responses:

    • 11% rejected

    • 24% no reply

    • 29% transferred

    • Only 36% responded by state nodal agencies

  • Reflects weak culture of transparency and data-sharing.

• Vacancies & Resource Constraints:

  • 24% of JJBs not fully constituted.

  • 30% lack attached legal services clinics.

  • Staff shortages, inadequate funding, and poor monitoring aggravate backlog.

• Systemic Weaknesses Identified:

  • Poor inter-agency coordination.

  • Absence of integrated data systems.

  • Weak oversight and accountability.

  • Fragmented implementation across states.

• Significance / Concerns:

  • Delayed justice for Children in Conflict with the Law (CCL).

  • Undermines child-centric and reformative objectives of the JJ Act, 2015.

  • Risk of prolonged detention and stigmatization of juveniles.

Relevant Prelims Points:

• Issue & Background:

  • Juvenile Justice system deals with:

    • Children in Conflict with the Law (CCL).

    • Children in Need of Care and Protection (CNCP).

  • Governed by Juvenile Justice (Care and Protection of Children) Act, 2015 .

• Key Provisions of JJ Act, 2015:

  • Establishment of Juvenile Justice Boards (JJBs) in every district.

  • Child-friendly procedures.

  • Emphasis on rehabilitation and social reintegration.

  • Provision for trying 16–18-year-olds as adults in heinous offences (after preliminary assessment).

• Institutional Framework:

  • Juvenile Justice Boards (JJBs) – handle cases of CCL.

  • Child Welfare Committees (CWCs) – handle CNCP.

  • District Child Protection Units (DCPUs).

  • Legal Services Authorities under Legal Services Authorities Act, 1987.

• Benefits / Importance:

  • Protects child rights under Article 15(3) and Article 39(e) & (f) of DPSPs.

  • Aligns with UN Convention on the Rights of the Child (UNCRC).

  • Promotes restorative justice rather than punitive justice.

• Challenges / Risks:

  • High pendency leading to delayed rehabilitation.

  • Infrastructure deficits and lack of trained personnel.

  • Poor data management and monitoring systems.

  • Variation in implementation across states.

• Impact (India + Social Justice):

  • Impacts vulnerable and marginalized children disproportionately.

  • Weakens trust in child protection mechanisms.

Relevant Mains Points:

• Core Concept / Static Linkage:

  • Juvenile justice based on reformative and rehabilitative approach.

  • Link to Social Justice and Welfare State principles.

  • Best Interest of the Child principle.

• Constitutional / Legal Provisions:

  • Article 15(3) – Special provisions for children.

  • Article 39(f) – Protection of childhood.

  • Article 21 – Right to life and dignity.

  • JJ Act, 2015 (amended 2021).

• Governance / Social Dimensions:

  • Importance of integrated child protection system.

  • Need for real-time data system similar to NJDG.

  • Role of legal aid and counselling services.

• Keywords for Answer Writing:

  • Children in Conflict with Law (CCL)

  • Reformative Justice

  • Pendency Crisis

  • Child Rights Framework

  • Juvenile Justice Boards

  • Social Reintegration

• Way Forward:

  • Establish a centralized digital database for JJBs.

  • Fill vacancies and strengthen capacity-building.

  • Improve inter-agency coordination.

  • Increase budgetary allocation for child protection.

  • Regular monitoring and public disclosure of performance data.

UPSC Relevance (GS-wise):

• GS2: Social justice, vulnerable sections, governance issues.

• GS4: Ethical governance, child rights, accountability in public institutions.