Supreme Court judge highlights implementation gaps in India's Juvenile Justice Act

At a two-day national consultation on the ten-year anniversary of the Juvenile Justice Act, 2015, Justice BV Nagarathna highlighted the stark contrast between the law’s clear wording and its patchy implementation. She called the issue of trying children as adults a “most delicate fault line” where public anger meets constitutional safeguards. The judge raised concerns about whether Juvenile Justice Boards consistently conduct the mandated mental and physical capacity assessments, noting that many boards operate without a full complement of magistrates and social workers.

Data from the India Justice Report showed that, as of October 2023, over half of the cases before boards in 18 states and two Union Territories were pending, leaving more than 55,000 children in limbo. Nagarathna asked whether detained children receive education, legal aid, medical care, and suitable living conditions while their cases drag on, and whether support services for foster care and adoption are timely. The consultation, co-hosted by the Supreme Court’s Juvenile Justice Committee and UNICEF, seeks to address these systemic shortcomings and improve outcomes for vulnerable children.