Justice Nagarathna flags gaps in implementation of Juvenile Justice Act at National Annual Stakeholders Consultation

Supreme Court judge Justice B.V. Nagarathna on Saturday (October 10, 2026) called for better implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015, and said the focus must remain on the care, rehabilitation and reintegration of children.

Speaking at the National Annual Stakeholders Consultation on ten years of the Act at the Supreme Court titled “Ten Years of the Juvenile Justice (Care and Protection of Children) Act, 2015: Progress, Challenges and Priorities for the Next Decade”, she raised concerns about the functioning of Juvenile Justice Boards and Child Welfare Committees, access to legal aid and delays in deciding cases.

“The challenge lies in its implementation,” she said.

Justice Nagarathna cited a November 2025 study by the India Justice Report, which found that 55% of cases before Juvenile Justice Boards across 18 States and two Union Territories were pending. More than 55,000 children were awaiting decisions.

Of the 1,00,904 cases before 362 Boards during the period studied, 45,097 were disposed of. The study also found that 111 of the 470 responding Boards were functioning without their full team of a principal magistrate and two social-worker members.

Justice Nagarathna said the focus should not be limited to disposing of cases. The system must also ensure that children receive education, counselling, medical care and legal assistance while their cases are pending.

“A disposed case is not necessarily a rehabilitated child,” she said.

The Juvenile Justice Act deals with two categories of children: children in conflict with law and children in need of care and protection. Juvenile Justice Boards and Child Welfare Committees deal with these two groups. “The State must then identify the child’s circumstances, provide protection and representation, determine the appropriate intervention, and work towards rehabilitation and reintegration.” she said.

Justice Nagarathna also raised many questions including “Are Juvenile Justice Boards functioning with their full complement? Are Child Welfare Committees adequately supported? Is legal aid meaningful rather than formal? Are Social Investigation Reports timely and methodical? Are individual care plans actually individual? Is preliminary assessment under Section 15 consistent across jurisdictions? Are children with disabilities able to access the system on an equal basis? And when restoration is not possible, are foster care and adoption functioning with the required urgency?”

She said institutional care should be a last resort for children in need of care and protection. Family-based care and the restoration of children to their families should be encouraged wherever possible, keeping the child’s best interests in mind.

“The law must not break the child,” she said, stressing that every child must be treated according to their individual needs and circumstances.

She called for scholars, practitioners, judges, and policymakers, to not merely interpret the statute, but to guard its animating values. She reminded that justice is best served when difficult decisions are made through processes that are fair, reasoned, and resilient to scrutiny.

The two-day consultation, organised by the Supreme Court’s Juvenile Justice Committee in association with UNICEF, aims to prepare a plan to improve the implementation of the Act across States and Union Territories.