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 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 presented before a Juvenile Justice Board (JJB) within 24 hours of her arrest. However, that didn't happen, as noted by Yamina Rizvi, a lawyer who took over Pooja's case in 2024.
JJBs decide if a child aged 16-18 should be tried as an adult for heinous crimes; this capability was introduced after the 2012 Delhi gang rape case. Instead of appearing before a JJB, however, Pooja was imprisoned for six years, with her case heard in an adult court.
'JJBs must also make regular prison visits to check for minors. Pooja was in prison without a single check,' claims Rizvi. In 2024, Pooja's case was finally transferred to a JJB, which confirmed her minor status and released her after six years, having spent far longer than the juvenile maximum of three years.
Pooja is one of the many children failed by the juvenile justice system. Nearly four decades since India passed its first juvenile justice legislation, experts warn there are significant shortcomings in its implementation.
The health of the juvenile justice approach hinges on the functioning of JJBs, yet a recent report by the India Justice Report (IJR) reveals that more than half of cases in 362 JJBs were pending as of 2023, with about a quarter of these boards operating understaffed.
Maja Daruwala, editor at IJR, observes that poor oversight leads to a lack of accountability, significantly affecting care and rehabilitation quality for juveniles. With many minors facing violence and re-victimization post-incarceration, the need for reform is critical. Fr Antony Sebastian, leading the NGO Echo, echoes these sentiments, stating that without JJBs overseeing care institutions, children lack the protection and opportunity to reform.
Many child care institutions fall short of offering meaningful rehabilitation, often overcrowded and devoid of necessary resources. 'All the children do is eat, sleep, and watch TV,' shares Deeksha Gujral, program director at iProbono. Instances of violence and abuse are prevalent, and the potential for rehabilitation is marred by dismal conditions.
The federal ministry of women and child development oversees the juvenile justice system but has yet to respond to inquiries regarding these failures. Rizvi shares that many in authorities are jaded, believing the children are beyond help. This apathy, coupled with a lack of understanding of the challenges faced by these children, perpetuates the cycle of failure within the system.
However, organizations like Echo demonstrate that with proper vocational training and counseling, even those with severe convictions can reform. The narrative of Darshan*, who turned his life around through Echo's program, serves as a reminder that every child deserves a second chance. 'As a society, we owe them at least that much,' Fr Sebastian insists.
*Names have been changed as Indian law prohibits the disclosure of a juvenile offender's identity.




















