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From Policy To Practice: A Ground-Level Evaluation Of India's Juvenile Justice System - A Study Of Institutional Realities And Implementation Gaps




Tannu Kumari, LL.B. (Hons.), Amity Law School, Noida.


ABSTRACT


The Juvenile justice system in India is a complex, evolving synthesis of constitutional and international human rights commitments, along with a multifaceted approach within the country. The system was skilfully designed to take into account the Juvenile Justice (Care and Protection of Children) Act, 2015, which adopts a restorative approach. The comprehensive research report covers the structural, administrative and legal aspects of the juvenile justice system in India. Analyses the statutory change of the law on adoption leading to the controversial Juvenile Justice (Amendment) Act, 2021, and fundamentally changing severe institutional offences against children in crime to non-cognizable, bringing to light the issues of child protection and constitutional issues on the separation of powers. The analysis relies on extensive empirical data from the India Justice Report (2025), Comptroller and Auditor General (CAG) performance audits, independent civil society reports, and key Supreme Court Prudent decisions, and reveals serious capacity gaps across the juvenile justice continuum. These system administrative bottlenecks are evident in the chronic case pendency of Juvenile Justice Boards (JJBs), the acute shortage of specific infrastructure, such as places of safety, at the national level, and the lack of mental health, probation, and medical officers in Child Care Institutions (CCIs). Micro level institutional case studies including the administrative challenges faced in National Capital Territory of Delhi showcase the devastating impact of state 'data blindness,' poor legal support, and the significant extent to which Juvenile Justice Model Rules of 2016 are not being followed. Ultimately, the findings of the study suggests that however good and transparent the legislative framework for delivering protection is, if the execution gap is not addressed through a massive increase in levels of funding, rigorous accountability mechanisms between agencies, and a robust professionalisation program of officers working in the first-line of response (FLOR) to children's needs.


Keywords: Juvenile, Delinquency, First-line of response, Juvenile Justice Board, Child Care Institution, Mission Vatsalya.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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