Justice J B Pardiwala of the Supreme Court has emphasised the need for an annual accountability framework to evaluate the effectiveness of the juvenile justice system. He articulated that discussions should not merely focus on revisiting existing issues but should aim for significant progress. His remarks were made during the conclusion of a two-day national consultation marking a decade since the implementation of the Juvenile Justice Act, 2015.

Justice Pardiwala highlighted that India’s dedication to children’s welfare extends beyond the introduction of legislative measures, referencing a historical commitment rooted in the Constitution. He questioned how long gaps in the system could persist without being recognised as institutional failures, indicating the urgency of reforming the existing frameworks.

During his address, he warned against the tendency for conferences to devolve into annual rituals that merely reiterate familiar problems. He proposed the establishment of a structured, transparent annual review system that includes specific indicators such as the number of vacancies filled in Child Care Institutions (CCIs), improvements in care standards, and the successful reintegration of children into educational settings.

Revising Administrative Hierarchies

The judge advised a reversal of traditional administrative hierarchies to prioritise insights from frontline workers, such as probation officers and social workers, who have direct interactions with children. He asserted that addressing superficial symptoms, such as removing homeless children from public spaces, is inadequate if it does not lead to sustainable solutions for their overall welfare.

Justice Pardiwala stressed the importance of assessing every financial allocation against the tangible benefits to children’s lives. He outlined an ambitious vision for the forthcoming decade, aiming not only for improved administration of the Act but for a transformative environment for children across India.

In her remarks, Milen Kidane, Chief of Child Protection at UNICEF India, spoke about the foundational institutional frameworks established in the last ten years. She acknowledged the current need to focus on ensuring these structures are both transformative and responsive to children’s needs. Under the leadership of Justice B V Nagarathna, who chairs the Juvenile Justice Committee, there will be collaborative efforts to refine the processes of Juvenile Justice Boards for evaluating serious offences.

Emphasis on Meaningful Change

The discussions at the national consultation prominently featured themes of accountability and institutional strengthening, highlighting the critical objective of making the juvenile justice system more effective in improving the lives of children. There was a collective recognition of the need for ongoing collaboration among various stakeholders to achieve these goals.

Justice Pardiwala’s insights and proposals aim to catalyse change in the juvenile justice landscape, addressing systemic issues while fostering a culture of continuous improvement. The conversation is set to continue, targeting not just reform but genuine enhancement of conditions for children across the nation.

The engagement underscored the necessity for reforms that are not just procedural but impactful, ensuring that the rights and welfare of children are placed at the forefront of the juvenile justice discourse. The outcomes of this consultation could pave the way for a transformative decade for India’s juvenile justice system.

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