4 min readNew DelhiNov 5, 2025 05:39 PM IST
First published on: Nov 5, 2025 at 05:03 PM IST
The Kerala High Court recently issued 15 directions to the state to improve the juvenile justice system and its implementation. The court’s order has reignited the discussions on the need to address the existing flaws in protecting children in conflict with the law across the country.
To get a deeper understanding into the challenges, progress and reforms within the juvenile justice system across India, the Indian Express spoke to juvenile justice expert and child rights lawyer Anant Kumar Asthana who specialises in laws related to children.
What are the major challenges in the functioning of the juvenile justice system in our country?
Asthana: Since children are not a voter in a democracy and the Juvenile Justice System is created to deliver rights of children, lack of accountability on the part of state authorities responsible for implementing the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) is the single biggest challenge in these times. The day we are able to induce direct accountability into the juvenile justice system, we will see that the performance of the juvenile justice system will significantly improve.
Our Juvenile Justice Boards (JJBs), Child Welfare Committees (CWCs), Children’s Courts, National and State Child Rights Commissions, National Human Rights Commission, Information Commissions have a big role and responsibility in identification of violations and fixing accountability.
What are the most important measures that need to be taken to further improve the juvenile justice system in India?
Asthana: The following measures needs to be taken:
1. Administrative measures should be put in place for systemic identification and flagging of violations and for fixing accountability.
2. Proactive disclosure of maximum possible information on functioning of various juvenile justice institutions in public domain and on government websites.
3. Processes and Systems for performance appraisals of JJBs, CWCs, Children Courts, DCPUs, Police and Probation Officers should be created and implemented.
4. In each institution and judicial bodies for children like JJB, CWC and Children Courts, there should be child friendly, risk free and accessible measures, practices and processes for children who are to be beneficiaries of the JJ Act to register their grievances and to articulate their voice.
How can states ensure proper implementation of laws on child protection?
Asthana: States can improve proper implementation of laws on child protection by doing regular governance audits of the child protection system. It is also high time that states carry out cadre review of the departments or ministries which are responsible for executing JJ Act so that new and appropriate number of posts could be created and required human resources could be made available at ground level.
Another measure which states could take to improve the implementation of these laws is to abolish contractual posts in these systems and have a properly trained, efficient and dedicated cadre of child protection functionaries as per prescription made in various child protection laws.
What were the recent reforms that were instrumental in improving the juvenile justice system in India?
Asthana: Amendments carried out in the JJ Act in year 2021 and issuance of revised guidelines of mission vatsalya are two biggest points of progress in my view. Making District Magistrate (DM) as nodal person responsible for implementation of the JJ Act in the district is a great step towards mainstreaming child protection at district level.
Since the DM is a very busy officer, it would help a great deal if we could have a dedicated ADM acting under authority of DM exclusively on child protection issues. Similarly child welfare police officers designated at police stations must be exclusive and they should not be assigned for doing other non-children duties. This will help raise a cadre of experienced police force on child protection and will also induce in house expertise on children issues within our police force.
This year also marks the 10 Years of the JJ Act 2015 and some of us invested in the JJ Act are running a national level campaign on “10 Years of JJ Act 2015: 100 Days Campaign on Juvenile Justice”. This judgment of Kerala High Court (directions to improve juvenile justice system in state) has given great hope and guidance on how to move forward in clear actionable terms. I am looking forward to earnest and quality implementation of these directions as well as of the JJ Act and it’s rules.