Institute of Legal and Management Studies

Supreme Court judge Justice BV Nagarathna on Saturday said both the judiciary and law enforcement agencies play a pivotal role in handling cases of violence against girl children.

She emphasised that trauma-informed and child-sensitive procedures must be expanded in courts and police stations so that child victims are not re-traumatised or subjected to secondary trauma during inquiries or court proceedings.

“We must expand trauma informed and child sensitive procedures in our courts and police stations in the name of an inquiry or a court proceeding. A child victim must not be retraumatized or face secondary trauma. We must also strengthen monitoring of the implementation of the various acts but wherein the justice is not only swift but also sensitive and tailored to the best entrance interest of the concerned child”, she said.

Chairperson of the Supreme Court Juvenile Justice Committee, Justice Nagarathna delivered the opening remarks at the inaugural session of the Tenth Round of the National Annual Stakeholders' Consultation on “Safeguarding the Girl Child: Towards a Safer and More Enabling Environment for Her in India”.

Justice Nagarathna said a girl in India can be considered a truly equal citizen only when she can aspire to do anything her male counterpart does and receive equal support and resources without facing barriers because of her gender. “She should not merely survive but actively thrive,” she said.

On the “right to be born,” she expressed concern that the first barrier faced by a girl child in India is being born at all. Referring to the 2011 Census and the National Family Health Survey-5, she noted that the Child Sex Ratio (0-6 years) had improved only marginally from 914 girls per 1000 boys to 929. She also referred to reports of worsening sex ratios in some States due to female infanticide and foeticide, while others had seen improvement.

On nutrition, Justice Nagarathna said access to quality nourishment is critical for the girl child's growth and development. She referred to NFHS-5 data showing that 59% of girls aged 15–19 were anemic.

She pointed out that girl children are often deliberately fed lesser or lower-quality food than their brothers. While schemes like the Midday Meal Scheme, Anemia Mukt Bharat, and POSHAN Abhiyan have improved access to nutrition, she said more awareness is needed on how early malnutrition affects the girl child's ability to be physically active and mentally alert.

On child marriage, she noted that its prevalence has declined from 47% in NFHS-3 (2005-06) to 23% in NFHS-5 (2019-21). She commended policy efforts and community engagement for this progress and mentioned that the Prohibition of Child Marriage Act, 2006, and India's obligations under the UN Convention on the Rights of the Child have contributed to positive steps. “The need of the hour is to adopt holistic solutions that are adequately tailored to regional peculiarities so as to ensure that interventions undertaken are most effective”, she said.

On education, she said, “There is a famous adage that reads you educate a girl, you educate a nation. I often think what I would have become if I had not attended school or college. Quality education functions as the fulcrum not only for the empowerment of the girl child but also for the prosperity of the nation.”

She added that quality education is central to both empowerment and national prosperity. Citing NFHS-5, she said school attendance for girls aged 15-17 had risen from 56% to 77%, but dropout rates after secondary education remain high. She said girls often sacrifice education for their brothers' ambitions and called for education free from stereotypes, bias, and ideology.

On violence and trafficking, Justice Nagarathna said violence against the girl child takes many forms, including physical, emotional, psychological, and sexual. She warned that with the rise of digital technologies, new forms of violence are emerging and highlighted that most perpetrators are known to the victims. She highlighted that suicide is the leading cause of death among young women aged 15-29.

She called for stronger monitoring of the Juvenile Justice Act, the POCSO Act, and the Prohibition of Child Marriage Act.

She highlighted that statistics revealed that out of 10,659 cases of human trafficking between 2018 and 2022, there were only 4.8% convictions. Justice Nagarathna also highlighted that delays in payment of victim compensation leads to vulnerability of girl victims.

In her concluding remarks, she acknowledged milestones achieved in the past decade, including the nationwide expansion of Juvenile Justice Boards, Child Welfare Committees, District Child Protection Units, and Special Juvenile Police Units. She noted that most districts now have special POCSO courts with child-friendly provisions and that legal aid clinics and paralegal volunteers have extended access to justice for children.

Justice Nagarathna said the consultation was not just a meeting but a platform for commitment to reflect on achievements, confront persisting challenges, and agree on next steps.

She concluded by urging all stakeholders to begin the consultation with resolve: “Every act of prevention, every system of protection, every service that responds to a child in need, breaks a cycle of harm and creates a pathway for girls to thrive.”