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Teen wrongfully imprisoned for six years as minor
A 16-year-old girl in Uttar Pradesh was arrested in 2018 for allegedly murdering her mother and spent six years in prison before a Juvenile Justice Board (JJB) confirmed she was a minor at the time of the crime. Pooja, whose name has been changed to protect her identity, was released in 2024 after serving double the maximum three-year sentence allowed for juveniles.
Systemic failures in juvenile justice
Under Indian law, minors must be produced before a JJB-a three-member panel comprising a magistrate and two social workers-within 24 hours of arrest. Pooja's initial lawyer informed police of her age, but she was instead tried in an adult court and imprisoned without a JJB review. Lawyer Yamina Rizvi, who took over the case in 2024, stated that no JJB conducted mandatory prison checks during Pooja's incarceration.
The JJB system, established in 2000, is designed to protect minors' rights and determine whether 16- to 18-year-olds accused of serious crimes should be tried as adults. However, advocates argue the system is plagued by delays and understaffing.
Data reveals widespread dysfunction
A 2023 report by the India Justice Report (IJR) found that over half of the pending cases in 362 JJBs had not been heard. India's 745 districts have only 707 JJBs, and one in four lacks a full bench, violating legal mandates. Maja Daruwala, IJR editor, linked the lack of data transparency to poor oversight and accountability, undermining rehabilitation efforts.
Rehabilitation centers fall short
For minors not sent to prison, reform options remain limited. Child care institutions, including observation homes and special homes, are often overcrowded and lack counselors, education, or vocational training. Deeksha Gujral of iProbono noted that facilities frequently replicate gang dynamics, with younger children seeking protection from older inmates. Reports of violence and abuse are common.
JJBs are required to inspect these facilities monthly, but advocates say checks are rare or superficial. Gujral described conditions where children "eat, sleep, and watch TV," with little opportunity for growth.
Success stories amid systemic apathy
Father Antony Sebastian, founder of NGO Echo, highlighted cases where minors convicted of serious crimes reformed through vocational training and counseling. One such case involved Darshan, who was found guilty of murder but later trained in hotel management and secured employment. Echo's programs include dairy farming, poultry, and behavior modification.
"Every child deserves a second chance. As a society, we owe them at least that much."
Father Antony Sebastian, Echo founder
However, Fr. Sebastian noted that many officials and lawyers believe juveniles are "beyond help," reflecting a broader lack of understanding of the law's intent. The federal Ministry of Women and Child Development, responsible for the juvenile justice system, did not respond to the BBC's inquiries.
Calls for reform and accountability
Rizvi described Pooja's case as emblematic of thousands of children failed by the system. While India's Juvenile Justice Act, first passed in 1986, aims to protect and rehabilitate minors, experts say implementation lags far behind its ideals. Without stronger oversight, data transparency, and investment in rehabilitation, advocates warn that vulnerable children will continue to be denied justice.
