Justice Nagarathna highlights gaps in implementation of Juvenile Justice Act at National Annual Stakeholder Consultation

Justice BV Nagarathna speaks at the annual National Stakeholder Consultation at the Supreme Court on 10 October 2026 on 10 years of the Juvenile Justice Act. Photo: YouTube/@SupremeCourtofIndia-1950

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

At the Supreme Court’s annual national stakeholder consultation on ten years of the Act, entitled “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 the Juvenile Justice and Child Protection Committees, access to legal aid and delays in cases.

“The challenge is implementing it,” she said.

Justice Nagarathna cited a India Justice Report November 2025 studywhich found that 55% of cases before juvenile justice courts in 18 states and two union territories were pending. More than 55,000 children were awaiting a decision.

Out of 1,00,904 cases before 362 Benches during the period under review, 45,097 were disposed of. The study also found that 111 of the 470 respondents were operating without their full team of a chief judge and two members of social workers.

Justice Nagarathna said the focus should not be limited to disposal of cases. The system must also ensure that children receive education, counseling, medical care and legal assistance until their cases are resolved.

“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 the law and children requiring care and protection. These two groups are dealt with by the Juvenile Justice Committees and the Child Protection Committees. “The state must then identify the child’s situation, provide protection and representation, determine appropriate intervention and work towards rehabilitation and reintegration.” she said.

Justice Nagarathna also raised many questions, including “Are the Youth Justice Boards fully operational? Are the Child Welfare Boards adequately supported? Is legal aid meaningful rather than formal? Are social inquiry reports timely and methodical? Are individual care plans truly individualized? Is the Section 15 Advance Assessment consistent across jurisdictions? Do children with disabilities access the system on an equal basis? And when foster care is not necessary care, isn’t surrogate care and surrogate care necessary?

She said institutional care should be the last resort for children who need care and protection. Where possible, family care and the return of children to their families should be encouraged, bearing in mind the best interests of the child.

“The law must not be broken by a child,” she said, stressing that each child must be treated according to their individual needs and circumstances.

She urged scholars, practitioners, judges, and policymakers not only to interpret the statute, but to protect its animating values. She recalled that justice is best served when difficult decisions are made through processes that are fair, reasoned and resistant to scrutiny.

The two-day consultation, organized by the Juvenile Justice Committee in collaboration with UNICEF, aims to prepare a plan to improve the implementation of the law across states and Union Territories.

Published – 10 Oct 2026 23:03 IST