Justice BV Nagarathna emphasized rehabilitation over punishment in juvenile justice, stating that the system must protect children even when they commit offences. She highlighted systemic challenges in implementation and the need for holistic reform.
Justice Nagarathna Advocates for Rehabilitative Juvenile Justice
Supreme Court Justice BV Nagarathna stated on Saturday that the juvenile justice system must prioritize rehabilitation over punitive measures, observing that "when a child breaks the law, the law must not break the child." The remark came during her opening address at the National Annual Stakeholders Consultation marking ten years of the Juvenile Justice (Care and Protection of Children) Act, 2015, held at the Supreme Court.
Justice Nagarathna underscored persistent challenges in the treatment of children in conflict with the law, including overcrowding in observation homes, delays in case adjudication, and insufficient access to education and mental health services. She stressed the importance of aligning institutional responses with the constitutional vision under Article 15(3) and international obligations under the UN Convention on the Rights of the Child.
The judge called for greater inter-agency coordination among child welfare committees, juvenile justice boards, and state governments to ensure early diversion, restorative justice mechanisms, and post-release reintegration. Her remarks signal continued judicial emphasis on treating children as subjects of care and protection, rather than mere respondents in adversarial proceedings.
Citations
- Juvenile Justice (Care and Protection of Children) Act, 2015
