‘Juvenile Delinquents not Born Criminals’: Justice B V Nagarathna

Supreme Court judge Justice B. V. Nagarathna stated that Juvenile delinquents are not born criminals but succumb to parental or societal neglect, and every citizen must, therefore, pledge to assist children in need of care and protection or those in conflict with the law.

She emphasized that children should not have to commit crimes to receive the help they require, and the best interests of juveniles cannot be safeguarded without adequate community support systems.

Justice Nagarathna made these remarks during the inaugural session of a two-day national consultation organized by the Supreme Court Committee on Juvenile Justice and Child Welfare on September 23 and 24. The consultation aimed to discuss best practices followed in various states and further strengthen the justice system for children in conflict with the law.

Union Women and Child Development Minister Smriti Irani, Supreme Court Judge and Chairman of the Committee Justice S Ravindra Bhat, and other dignitaries, including Cynthia McCaffrey, Representative of UNICEF India, attended the event.

Justice Nagarathna stressed that juvenile delinquents are not inherently criminals but have become victims of neglect, whether from parents or society. She called upon every citizen to take an oath to help and assist children in need of care and protection or those in conflict with the law. She appealed to all present to demonstrate compassion, dedication, and foresight in protecting and promoting children’s rights, particularly in difficult circumstances.

The judge noted a “mismatch” between the ideals of juvenile justice law and its implementation, highlighting the need for standards, especially in institutions such as registered shelter homes for children, which have witnessed grave acts of violence, as seen in cases like the Muzaffarpur shelter home incident.

Justice Nagarathna emphasized the importance of adherence to standards at an institutional level, particularly since the majority of institutions are run by non-governmental organizations (NGOs).

She pointed out that according to the NCPCR audit of shelter homes in 2020, out of 7,163 registered children care institutions, nearly 88 percent (6,299) are run by NGOs or trusts, while the government operates only 864 centers, mainly observation homes where juveniles in conflict with the law are detained.

Justice Nagarathna called for a holistic approach to addressing juvenile issues and suggested extending the government’s integrated child development scheme to cover children up to the age of 18 to address their basic needs and tackle juvenile delinquency.

She also stressed the need for strong preventive measures to reduce juvenile crime, emphasizing the importance of values like kindness, respect, and empathy in the curriculum to counter increasing aggression levels among children.

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The Supreme Court conducts annual national stakeholder consultations to engage partners from the Ministry of Women and Child Development, various government sectors, national and state commissions for the protection of children’s rights, and other relevant stakeholders. These consultations aim to generate momentum, attention, oversight, and guidance on priority areas related to the protection of children.