Understand, don't just hear out a child in conflict with law: CJI
Chief Justice of India Surya Kant emphasized on Saturday the importance of understanding a child in conflict with the law, as they often lack the ability to advocate for themselves before police or authorities. Kant highlighted that many such children were previously in need of care and protection, and their circumstances should be considered when dealing with them.
The Juvenile Justice (Care and Protection of Children) Act, which marks its 10th year, promotes restoration over retribution, and treats institutional care as a last resort. The Act encourages alternative methods such as counseling, community service, and probation instead of confinement. Kant explained that these choices stem from the Constitutional philosophy found in Articles 15(3) and 39, as well as the Convention on the Rights of the Child, which views children as potential contributors to society.
Supreme Court judge B V Nagarathna, leading the SC's Juvenile Justice Committee, stressed that adults have a responsibility to empathize with children's anxieties, as failure to do so could lead to alienation and rejection. Nagarathna emphasized that the true measure of a society and its elders is how they treat their children, and all children deserve support during their distress.
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