FROM PROMISE TO PRACTICE: A CRITICAL ANALYSIS OF THE IMPLEMENTATION OF CHILD RIGHTS LAWS IN INDIA

Abstract

The Constitution of India enshrines comprehensive protections for children through fundamental rights and directive principles, reinforced by progressive statutes such as the Juvenile Justice (Care and Protection of Children) Act, 2015, the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Right to Free and Compulsory Education (RTE) Act, 2009. However, a significant execution divide exists between legislative mandates and ground-level implementation.

This study employs a qualitative, doctrinal legal methodology based on open-access statutory provisions, landmark judicial precedents, and institutional assessments to evaluate the operational realities of child protection machinery in India. The analysis reveals that frontline institutions—including Child Welfare Committees (CWCs), Special Juvenile Police Units (SJPUs), and POCSO Special Courts—are severely constrained by structural vacancies, infrastructural deficits, procedural delays, and inadequate budgetary allocations. While judicial interventions have actively sought to enforce statutory compliance, continuous mandamus cannot replace sustained executive accountability.

The paper concludes that bridging this implementation divide requires urgent administrative reforms, mandatory capacity-building programs, strict adherence to statutory trial timelines, and independent statutory audits. Translating constitutional promises into practical reality demands a shift from legislative formalisms to robust, child-centric institutional execution across all jurisdictions.