Kathmandu, Chief Justice of India D Y Chandrachud has said that juvenile justice is not limited to the directives of the Juvenile Justice Act alone, but is shaped by the complex interplay of various legislative acts, recalling that the apex court had recently A request to terminate the 30-week pregnancy of a 14-year-old rape victim in.
The apex court on April 22 exercised its powers under Article 142 of the Constitution, which empowers it to pass necessary orders to do complete justice in any case, while allowing a minor girl to terminate her 30-week pregnancy. allows for.
Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for abortion of a fetus is 24 weeks for married women as well as special categories of women, including rape survivors and other vulnerable women, such as the disabled and minors CJI Chandrachud, who is on a three-day official visit to Nepal at the invitation of Chief Justice of Nepal Vishwambhar Prasad Shrestha, spoke about the case of the minor girl while addressing a national seminar on Juvenile Justice here on Saturday.
He said that India is making continuous efforts to develop its juvenile justice system.He said, the implementation of various juvenile justice laws in India for almost four decades has led to the establishment of facilities, structures and systems that cater to the needs of children within the protection system. He said, "In fact, juvenile justice is implemented only under the Juvenile Justice Act. is not limited to the instructions of the Legislative Assembly, but is shaped by the complex interplay of various legislative acts."
"A recent case brought before the Supreme Court of India is illustrative: a 14-year-old girl sought permission to terminate her pregnancy under the Medicaid Termination of Pregnancy Act 1971. Fearing consequences and being hampered by her innocence, She remained silent about the abuse she endured until she became pregnant,'' he said.
Recognizing the importance of protecting his mental and physical health, the apex court accepted his request to dismiss him from his job.However, it ultimately decided against it, he said. The CJI said a key challenge in effective implementation of juvenile justice laws is inadequate infrastructure and resources, especially in rural areas.
He said inadequate juvenile detention centers or rehabilitation homes could lead to overcrowding and substandard living conditions, hampering efforts to provide appropriate support and rehabilitation to juvenile offenders.
"In addition, limited access to essential services such as counselling, education or vocational training further complicates the successful reintegration of juveniles into society," he said. He said the implementation of juvenile justice laws needs to take social realities into account.A study titled "'Children's Rights: A Case Study of Child Beggars in Public Places in India' highlights the worrying reality that approximately 44,00 children are trapped by criminal gangs every year in India. These children are forced to beg. Smuggling, smuggling and other criminal activities, the CJI said.
The unique challenges faced by adolescents with disabilities should also be considered in the implementation of juvenile justice laws. For example, the United Nations Office on Drugs and Crime has documented the exploitation of children with visual impairments in India in its report (2020), Those forced to beg by criminal syndicates exploited both their disability and socio-economic circumstances.“In light of such realities, it becomes imperative for the juvenile justice system to adopt tailored approaches that address the specific needs and vulnerabilities of these marginalized groups, ensuring their protection and rehabilitation,” he said.
At the same time, he said that the changing nature of crimes, especially with the increasing prevalence of digital crime, creates new challenges for juvenile justice systems globally. "I emphasize that juvenile justice needs to focus on corrective measures. By focusing on the well-being of children at the forefront and providing access to rehabilitation and support services, juvenile justice systems help create a society that supports the holistic development of young offenders. And an environment conducive to growth,” he said.
The CJI said, “Often, we focus more on the crimes committed by juveniles rather than considering their reformation.,
He said, it thus becomes necessary to acknowledge the complex nature of juvenile delinquency and adopt a comprehensive approach that addresses the underlying socio-economic factors that contribute to such behaviour. He said, “Prevention, intervention and rehabilitation By investing in strategies, we can build a society that is more inclusive and provides every child with the opportunity to fulfill their potential."
The apex court on April 22 exercised its powers under Article 142 of the Constitution, which empowers it to pass necessary orders to do complete justice in any case, while allowing a minor girl to terminate her 30-week pregnancy. allows for.
Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for abortion of a fetus is 24 weeks for married women as well as special categories of women, including rape survivors and other vulnerable women, such as the disabled and minors CJI Chandrachud, who is on a three-day official visit to Nepal at the invitation of Chief Justice of Nepal Vishwambhar Prasad Shrestha, spoke about the case of the minor girl while addressing a national seminar on Juvenile Justice here on Saturday.
He said that India is making continuous efforts to develop its juvenile justice system.He said, the implementation of various juvenile justice laws in India for almost four decades has led to the establishment of facilities, structures and systems that cater to the needs of children within the protection system. He said, "In fact, juvenile justice is implemented only under the Juvenile Justice Act. is not limited to the instructions of the Legislative Assembly, but is shaped by the complex interplay of various legislative acts."
"A recent case brought before the Supreme Court of India is illustrative: a 14-year-old girl sought permission to terminate her pregnancy under the Medicaid Termination of Pregnancy Act 1971. Fearing consequences and being hampered by her innocence, She remained silent about the abuse she endured until she became pregnant,'' he said.
Recognizing the importance of protecting his mental and physical health, the apex court accepted his request to dismiss him from his job.However, it ultimately decided against it, he said. The CJI said a key challenge in effective implementation of juvenile justice laws is inadequate infrastructure and resources, especially in rural areas.
He said inadequate juvenile detention centers or rehabilitation homes could lead to overcrowding and substandard living conditions, hampering efforts to provide appropriate support and rehabilitation to juvenile offenders.
"In addition, limited access to essential services such as counselling, education or vocational training further complicates the successful reintegration of juveniles into society," he said. He said the implementation of juvenile justice laws needs to take social realities into account.A study titled "'Children's Rights: A Case Study of Child Beggars in Public Places in India' highlights the worrying reality that approximately 44,00 children are trapped by criminal gangs every year in India. These children are forced to beg. Smuggling, smuggling and other criminal activities, the CJI said.
The unique challenges faced by adolescents with disabilities should also be considered in the implementation of juvenile justice laws. For example, the United Nations Office on Drugs and Crime has documented the exploitation of children with visual impairments in India in its report (2020), Those forced to beg by criminal syndicates exploited both their disability and socio-economic circumstances.“In light of such realities, it becomes imperative for the juvenile justice system to adopt tailored approaches that address the specific needs and vulnerabilities of these marginalized groups, ensuring their protection and rehabilitation,” he said.
At the same time, he said that the changing nature of crimes, especially with the increasing prevalence of digital crime, creates new challenges for juvenile justice systems globally. "I emphasize that juvenile justice needs to focus on corrective measures. By focusing on the well-being of children at the forefront and providing access to rehabilitation and support services, juvenile justice systems help create a society that supports the holistic development of young offenders. And an environment conducive to growth,” he said.
The CJI said, “Often, we focus more on the crimes committed by juveniles rather than considering their reformation.,
He said, it thus becomes necessary to acknowledge the complex nature of juvenile delinquency and adopt a comprehensive approach that addresses the underlying socio-economic factors that contribute to such behaviour. He said, “Prevention, intervention and rehabilitation By investing in strategies, we can build a society that is more inclusive and provides every child with the opportunity to fulfill their potential."
