High Pendency and Staffing Gaps in Juvenile Justice Boards

Juvenile Justice Latest 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. 

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.

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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.

Source: TH