Inside Kashmir’s Juvenile Justice System

By Khursheed Ahmad Shah, Syed Nazakat Khaleefa

Ganderbal, Jammu and Kashmir: 

In Central Kashmir’s Ganderbal district, cases involving children accused of offences often take shape well before they reach a courtroom. They are first addressed inside administrative offices, where officials review records, conduct assessments, and coordinate responses under the juvenile justice framework.

At the District Child Protection Unit (DCPU) in Ganderbal, much of this responsibility rests with a legal-cum-probation officer and a counsellor.

Sameena Anjum is the DCPU’s legal-cum-probation officer. She previously worked with the State Mission Directorate, handling state litigation and Right to Information matters, and has served as a support person in cases under the Protection of Children from Sexual Offences Act. Since her appointment in 2017, Anjum has been involved in the rehabilitation and reintegration of children in conflict with the law, carrying out social investigations and coordinating legal processes under the Juvenile Justice Act.

Peer Iram Farooq has served as a counsellor at the unit since September 2017. With an academic background in psychology, including an MSc in Human Development, she previously worked as a psychologist at Iqbal Memorial Institute in Srinagar. At the DCPU, she provides counselling to children entering the juvenile justice system.

Their involvement, however, usually begins after significant damage has already been done.

When a minor is alleged to have committed an offence, the police apprehend the child and produce them before the Juvenile Justice Board (JJB). The board conducts inquiries, seeks Social Investigation Reports, and recommends rehabilitation. “But by that stage, much of the harm has already occurred,” Anjum said. “Across almost every case, the question is not just what the child did, but how and why the system failed to intervene long before the law stepped in.”

Data from the National Crime Records Bureau reflects this growing concern. In Jammu and Kashmir, cases involving children in conflict with the law rose from 171 in 2020 to 323 in 2021, increasing further to 361 in 2022. Nationwide, juvenile-related cases rose by 2.7% in 2023 to 31,365. Most fall in the 16-18 age group, widely recognised as a vulnerable phase.

While Jammu and Kashmir does not record the highest number of juvenile cases nationally, the steady rise has drawn closer attention from those working within the child protection and juvenile justice system.

“Children who come to us are carrying the weight of fractured homes, intense academic pressure, substance abuse, unresolved trauma from years of conflict, and peer influence,” Anjum told 101Reporters. “Most of them act on impulse. These are rarely carefully planned crimes.”

She added that the majority of children entering the system in Jammu and Kashmir are first-time offenders. “Poor supervision, lack of parental guidance, truancy, family conflict, and financial stress often push children into conflict with the law. Easy access to smartphones has also contributed to cyber-related offences,” she said.

Anjum added: “Most children in Jammu and Kashmir who come under the category of children in conflict with law are first-time offenders rather than habitual ones.”

Anjum described the case of a boy whose behaviour had begun to worry his neighbours. He was found to be involved in drugs, including poppy seeds, and was arrested under the Narcotic Drugs and Psychotropic Substances Act. While the case is still pending, she said its consequences have already extended beyond the child to his family and the surrounding community.

Under the law, a Child in Conflict with Law (CICL) remains a minor and is not assessed by the same standards as an adult. However, the range of offences for which children are apprehended, from minor violations to serious crimes such as murder, rape and extreme violence, often complicates this distinction. “These are not stories that begin at the police station,” Anjum said. “They take shape much earlier, in homes, schools and neighbourhoods, where neglect, exposure and silence gradually translate into behaviour the law later seeks to address.”

Many children who come into conflict with the law in Kashmir come from fragile family environments marked by limited supervision and emotional support.

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Inside the Juvenile Justice Process

When a child in conflict with the law is apprehended, procedure requires that the child be placed under the supervision of the Special Juvenile Police Unit or a designated Child Welfare Police Officer and produced before the JJB within 24 hours. The board then examines the nature of the alleged offence and decides whether the child may be released on bail or, in cases considered serious or heinous, placed in an Observation Home, Farooq said.

Counselling begins at this stage itself. Farooq explained that the juvenile justice framework is designed around care and rehabilitation rather than punishment. Most children arrive visibly anxious and traumatised, and the immediate priority is to calm them and establish a sense of safety. At this stage, gathering accurate information can be difficult, as fear and confusion often lead to inconsistent or incomplete accounts. Trust must be built before meaningful communication becomes possible.

Farooq noted that counselling within Child Units and before JJBs differs from psychiatric care. While psychiatric counselling focuses on clinical assessment and medication, juvenile counselling is behaviour-oriented and centred on the child’s lived experiences and social environment.

The counselling process typically unfolds in three stages. It begins with an initial assessment, during which rapport is built and the child’s background is explored, including emotional, behavioural, academic and family-related concerns. This is followed by a goal-setting phase focused on reducing anxiety, strengthening confidence and helping the child cope with stress and trauma, often involving parents or guardians.

The third and most extended phase is intervention. Depending on the nature and sensitivity of the case, this may involve talk therapy, behavioural modification, play therapy or relaxation techniques.

Juvenile counselling, Farooq said, is centred on understanding behaviour and the factors that shape it, including past experiences, family dynamics and peer influences. Counsellors deal with a wide range of cases, from theft and substance abuse to POCSO-related matters and offences classified as heinous.

Anjum pointed out that there are cases where adolescents leave home together, often with the intention of marrying, but encounter legal barriers. When a boy takes a minor girl away, the act is treated as a criminal offence regardless of consent. If the girl is taken without the permission of her parents or guardians, the offence falls under Section 363 of the Bharatiya Nyaya Sanhita for kidnapping. Where the intent is to compel marriage or exploit her for illicit purposes, Section 366 applies.

Even when a minor claims consent, Anjum said, the law does not recognise it as valid. In such cases, the girl’s statement is recorded before a Judicial Magistrate under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, while police investigation proceeds alongside counselling to ensure the child’s emotional safety.

From Farooq’s perspective, the emotional demands of this work are considerable, particularly in cases involving aggression or complex behavioural challenges. In such situations, the Juvenile Justice Board directs the Legal-cum-Probation Officer to prepare a Social Investigation Report under Section 13 and Rule 10A. The report assesses the child’s mental and physical maturity, family environment, social background and whether the child has experienced abuse or neglect. In heinous cases, probation officers conduct detailed field visits to the child’s home and community, interacting with family members, neighbours, teachers and peers to determine the level of intervention required.

When a child is found to be living in a severely fractured home environment marked by neglect, abuse, domestic violence, substance use or inadequate supervision, the response extends beyond assessment to protective intervention. Such findings are recorded in the Social Investigation Report and placed before the Juvenile Justice Board. Based on the circumstances, the Board may direct placement in foster care, a fit facility or a child care institution, and may order counselling, therapeutic support, parental guidance or referrals for de-addiction and mental health services.

“The objective is not to assign blame,” Anjum said, “but to address the conditions that shaped the child’s behaviour, prevent recurrence of conflict with the law, and ensure rehabilitation in the child’s best interests.”

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Out of crisis

Farooq recalled the case of a girl whose family had fractured early in her life. Her parents had separated, each living with their own families, and she was sent to stay with her maternal uncle. Over time, the pressure became overwhelming, and the girl attempted to take her own life. She survived.

After an FIR was registered, the Special Juvenile Police Unit produced her before the Juvenile Justice Board. She was apprehended as a Child in Conflict with Law. During counselling sessions, Farooq observed that the girl was bright and attentive, with strong academic potential.

The Principal Magistrate later wrote to the District Social Welfare Officer seeking support for her education. With the Board’s intervention, the girl secured a scholarship. Today, she attends school regularly and speaks of wanting to become a doctor.

Farooq also described the case of a girl who was forced into marriage while still a minor. Her parents had taken the decision without her consent. A social work team intervened in time, and counselling sessions followed—for both the girl and her parents. Over time, she returned to her studies. She is now working and living independently.

“These are quiet successes,” Farooq said. “They do not appear in statistics, but they show what is possible when the system listens and intervenes.”

Rising juvenile involvement in narcotics

In Jammu and Kashmir, children from districts such as Kupwara, Baramulla and Anantnag are increasingly being exploited by organised drug networks. Farooq and Anjum said these children are particularly vulnerable and often escape the attention of law enforcement. Many are used as carriers or small-scale distributors, sometimes without fully understanding the legal consequences.

Anjum said this trend was a growing concern and underscored the need for stronger community awareness, early intervention and closer monitoring by child protection committees. She added that offences most commonly recorded among children entering the juvenile justice system include narcotics and substance abuse, property crimes, theft and sexual offences, while assault and cyber-related cases remain far less frequent.

Farooq stressed that rising drug-related involvement among children requires coordinated intervention from both the justice and health systems. Legal oversight, she said, must be accompanied by preventive and rehabilitative measures to protect vulnerable children.

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When justice is delayed

For Anjum, the idea of justice within Juvenile Justice Boards is rooted in rehabilitation rather than punishment. The system, she said, was never meant to focus solely on the offence a child is accused of committing, but on what the child has lived through and how the system can help them rebuild their life. The Boards were created to offer care that is swift, compassionate and centred on the child. In practice, however, the process is often far slower than intended.

Delays, Anjum observed, have become a recurring challenge. They do not remain confined to files and courtrooms but spill into a child’s everyday life, affecting emotional stability, schooling and family relationships. There are insufficient staff to manage the volume of cases, and coordination between the police, Juvenile Justice Boards and probation officers often falls short. Investigations can take months before charge sheets are filed, while the absence of clear evidence frequently leads to repeated adjournments.

The process becomes more difficult when children appear without adequate legal representation. Hearings are often postponed because witnesses fail to appear, officers are unavailable, or families are unable to attend, prolonging uncertainty.

From the counselling room, Farooq sees the human cost of these delays. Children live for extended periods under fear and shame, unsure of what lies ahead. Education is disrupted, friendships weaken and social stigma sets in. Families carry the strain alongside them, while faith in the justice system diminishes with each postponed hearing.

Both Anjum and Farooq believe change lies not only in intent but in structure. Time-bound procedures, Anjum said, must be reinforced through digital case-tracking systems that ensure accountability. Regular coordination meetings between police, probation officers and Juvenile Justice Boards could help prevent cases from stagnating. Clear standard operating procedures and training for those handling juvenile cases would also strengthen consistency.

Farooq pointed to another gap. While confidentiality and protection of identity are central to juvenile justice, children in need of clinical psychological care often have limited options. When in-house professionals are unavailable, referrals to general hospitals or institutions such as the Institute of Mental Health and Neurosciences, Srinagar, can be overwhelming, particularly for children already dealing with trauma or abuse. Dedicated shelters and rehabilitation spaces, she said, are necessary to ensure care does not become another source of distress.

At its best, juvenile justice in Kashmir can offer a pathway to recovery and dignity, provided the government strengthens rehabilitation facilities, child-friendly shelter homes, trained clinical psychological services and accessible de-addiction centres tailored to the region’s needs.

This story was produced for and originally published as part of the Crime and Punishment project in collaboration with Vidhi Centre for Legal Policy.

This article was originally published in 101 Reporters under Creative Common license. Read the original article.

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