Kerala High Court Directs Immediate Overhaul of Juvenile Justice System
Comprehensive Measures Ordered for Effective Implementation of Juvenile Justice Act, 2015
In a landmark judgment delivered on October 31, 2025, the Kerala High Court has issued a series of directives aimed at strengthening the juvenile justice system in the state. The judgment was passed by a Division Bench consisting of Chief Justice Nitin Jamdar and Justice Basant Balaji in response to a suo motu proceeding and a public interest litigation filed by Bachpan Bachao Andolan, a non-governmental organization advocating for children's rights.
The court emphasized the urgent need for the state to address critical gaps in the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015. It highlighted the persistent failures in filling vacancies in statutory bodies such as the Kerala State Commission for Protection of Child Rights, Juvenile Justice Boards, Child Welfare Committees, and Probation Officers. The court directed the state to expedite the appointment process to ensure these bodies function effectively.
A key aspect of the judgment was the directive for annual inspections and social audits of Child Care Institutions (CCIs) to ensure adherence to standards of care and rehabilitation. The court mandated that social audits be conducted every year with reports submitted by June, emphasizing transparency and accountability in the management of these institutions.
The judgment also called for the finalization and notification of the State Juvenile Justice Model Rules within three months, highlighting their importance in structuring the operational framework for child-friendly mechanisms under the Act. It stressed the need for the establishment and training of Special Juvenile Police Units and Child Welfare Police Officers to ensure a child-friendly approach in handling cases involving children.
Furthermore, the court underscored the significance of using information technology for data management and tracking missing children. It directed the state to maintain data on the National Mission Vatsalya Portal to enhance administrative efficiency and child welfare initiatives.
The court's directives aim to address longstanding deficiencies in the juvenile justice system, including inadequate human resources, delayed trials, and insufficient rehabilitation facilities. These measures are expected to create a more robust framework for protecting children's rights and ensuring their welfare.
The judgment is seen as a significant step towards reinforcing the juvenile justice system and ensuring the effective implementation of laws designed to protect children's rights and welfare. The Kerala High Court's proactive approach underscores the judiciary's role in compelling the executive to fulfill its constitutional duty towards children, setting a precedent for similar actions across the country.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015
Suo Motu v. Government of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2804532
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