Pooja* was 16 years old when she was accused of murdering her mother. The teenager, who lived with her alcoholic stepfather in a poor neighbourhood in the northern Indian state of Uttar Pradesh, was arrested in 2018 and sent to jail.
Her lawyer informed the police that Pooja was a minor. According to Indian law, she should have been produced before a Juvenile Justice Board (JJB) within 24 hours of her arrest. However, this was not done, reported Yamina Rizvi, a lawyer who took over Pooja's case in 2024.
JJBs, composed of a principal magistrate and two social workers, determine if a child aged 16-18 should be tried as an adult for heinous crimes—an amendment introduced following the 2012 Delhi gang rape case.
Instead of being brought before a JJB, Pooja was imprisoned for six years while her case lingered in adult court. Unfortunately, JJBs are supposed to regularly check on minors in prison, yet not a single inspection occurred during Pooja's incarceration, according to Rizvi.
In 2024, her case was finally transferred to a JJB, which confirmed her status as a minor and she was released on time served, having spent six years in prison—three years longer than the maximum sentence for juveniles.
“Pooja stands as one of thousands of children let down by the juvenile justice system,” Rizvi states.
India's first comprehensive legislation for children in conflict with the law, the Juvenile Justice (Care and Protection of Children) Act, has undergone numerous amendments since its inception nearly four decades ago, aiming to protect children and facilitate their reintegration into society.
Despite this, experts argue that substantial challenges remain in executing the ideals enshrined in the law.
The effectiveness of India's juvenile justice system largely hinges on the functionality of its JJBs—quasi-judicial committees established to ensure that minors’ rights are upheld as they navigate legal challenges.
However, troubling data from the India Justice Report (IJR) indicates that more than half of the pending cases before JJBs across the country indicate severe bottlenecks. Moreover, one in four JJBs lacks a complete panel as mandated by law.
Fr Antony Sebastian, founder of an NGO focused on juvenile welfare, expresses concern that children in the absence of JJB oversight lose the protections guaranteed by law and deprive them of opportunities for rehabilitation, which can be crucial for breaking cycles of crime.
These children often come from impoverished backgrounds fraught with violence, and placing them in jails reinforces their victimization, rather than aiding in their rehabilitation.
For instance, Deeksha Gujral, program director at iProbono, highlights the inadequate conditions within child care institutions, pointing out overcrowding, a lack of counselors, and insufficient educational and recreational programming.
“In many cases, children do little more than eat, sleep, and watch TV in these facilities,” Gujral states, noting that the absence of effective rehabilitation leads to recidivism.
Fr Sebastian, however, emphasizes that with appropriate support and vocational training, meaningful change is possible. For instance, he describes Darshan*, who, after facing serious charges, found success through Echo’s rehabilitation programs focused on vocational training and counseling.
Ultimately, Pooja's case and others underline the dire need for reform and efficient care within India's juvenile justice system, as society continues to grapple with the balance between justice and rehabilitation for its most vulnerable members.
*Names have been changed to protect identities as per Indian law.
