India’s juvenile justice system is critically failing to provide young offenders with rehabilitation and a second chance, as highlighted by a recent BBC investigation exposing systemic neglect and personal stories of injustice. The report, based on expert insights and case studies, reveals deep-seated issues in the implementation of laws designed to protect children in conflict with the law.
One poignant example is Pooja, a teenager accused of murder at age 16, who was imprisoned for six years without being presented before a Juvenile Justice Board (JJB), as required by law. Her lawyer, Yamina Rizvi, alleges that no checks were conducted during her detention, and she was only released after a JJB confirmed her minor status, having already served double the maximum juvenile sentence. This case underscores how thousands of children are let down by a system meant to safeguard their rights and offer reform opportunities.
The strength of India’s juvenile justice system hinges on JJBs, quasi-judicial panels established to ensure child-friendly legal processes. However, research indicates significant shortcomings: data from the India Justice Report shows that as of 2023, over half the cases before 362 JJBs were pending, and one in four lacked a full bench despite legal mandates. Maja Daruwala of IJR notes that poor data oversight leads to accountability gaps, severely impacting the quality of care and rehabilitation for juveniles.
Beyond JJBs, child care institutions—where minors are housed—often fail to meet prescribed standards. Deeksha Gujral of iProbono describes these facilities as overcrowded, with inadequate counsellors, educational programs, and recreational activities. Mandatory monthly inspections by JJBs are frequently superficial or neglected, exacerbating risks of violence, sexual abuse, and the replication of external gang dynamics within the homes.
Experts attribute these failures to widespread apathy and a lack of understanding about the realities faced by young offenders, who often come from impoverished and dysfunctional backgrounds. Fr Antony Sebastian of Echo, an NGO running a special home, emphasizes that children are revictimized when systems fail, but points to success stories where vocational training and counseling have helped juveniles turn their lives around. For instance, a youth named Darshan, convicted of murder, reformed through Echo’s programs and now works in hotel management.
The juvenile justice framework in India, rooted in the Juvenile Justice Act amended after the 2012 Delhi gang rape, aims to balance legal accountability with rehabilitation. Yet, nearly four decades since its inception, implementation gaps persist, leaving many children without the protections and second chances envisioned by law. Authorities have not responded to inquiries, highlighting a communication breakdown that further hinders progress.
In conclusion, the systemic failures in India’s juvenile justice system not only deprive young offenders of a fair shot at redemption but also pose broader societal risks. As Fr Sebastian argues, every child deserves a second chance, and urgent reforms are needed to align practice with the law’s ideals, ensuring that vulnerable youth can reintegrate and contribute positively to society.
