Institute of Legal and Management Studies

Justice B.V. Nagarathna, Judge of the Supreme Court of India and Chairperson of the Juvenile Justice Committee, on Sunday delivered the closing remarks at 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'.

Speaking at the event,Justice Nagarathna emphasized that the empowerment of the girl child is the "cornerstone to the creation of a more just, equitable and flourishing society in India".

The two-day consultation, fueled by optimism and hope, involved discourse among varied stakeholders and intensively deliberated on issues ranging from prevention of female foeticide/infanticide and cyber crimes to addressing abuse, exploitation, violence, trafficking, child marriage, and the effective implementation of the POCSO Act. The discussions also covered access to education, quality nutrition, and the need to make justice and rehabilitative frameworks more compassionate.

Focus on Constitutional Mandates and Intersectionality

Justice Nagarathna underscored that the obligations to save the girl child and create an enabling environment arise from the Constitution's impetus to transform society and uplift historically marginalised groups, including young girls. She highlighted foundational rights under Article 14 (equality), Article 15 (prohibition of discrimination), Article 21A (right to education), and Article 15(3) (special provisions for women and children)

Crucially, Justice Nagarathna stressed that in applying these articles, the aspect of intersectionality must be borne in mind. Due recognition must be given to a girl child belonging to Scheduled Caste, Scheduled Tribe, minority and marginalised sections of society, the differently abled, the economically backward category, or those with learning disabilities.

She acknowledged that while the country has made strides in reducing child marriage rates and promoting better educational outcomes, the focus now is on identifying where systemic change may be induced to create a truly “enabling environment”. Justice Nagarathna stated that the suggested interventions must not merely serve as "band-aid fixes" but must target the root causes of social ills, especially given the "chasm between the ideals and implementation of relevant statutes".

On Combating Sex Selection and Infanticide:

Justice Nagarathna called for stringent monitoring and enforcement of existing laws. She suggested tapping into community-based health volunteers, such as those in ASHA programs, to track pregnancies and counsel young mothers on the benefits available to them, thereby helping to dispel the notion of the girl child being a burden. Furthermore, she mandated establishing measurable monitoring systems to address legal ambiguities, enforcement gaps, and technological misuse in sex-selection. Accurate reporting of negative statistics and periodic review of institutional performance on sex ratio must be engaged in.

On Nutrition and Health

Recognizing that poor nutrition has intergenerational ramifications, Justice Nagarathna emphasized that access to nourishment must be understood holistically, where the food must genuinely "nourish her". Policy recommendations included promoting nutritional literacy in school curriculum and considering steps to curb junk food consumption. She proposed finalizing a national definition of HFSS (High in Fat, Sugar, and Salt) foods, introducing **front-of-pack warning labels, taxing unhealthy products, and enforcing a ban on junk food marketing around schools**, complete with annual compliance audits.

On Education as an Emancipatory Tool

Justice Nagarathna asserted that education is the "bedrock of a dignified and meaningful life" for the girl child. The imperative is to ensure time-bound teacher recruitment, aggregate underperforming schools, and publicly disclose education quality data. She stressed that financial barriers must not deny girls education, and affirmed that fee waivers and scholarships are a right the girl child is entitled to, not a form of "charity or benevolence". The provisions of the RTE Act must be vigorously implemented, and pathways must be bolstered to ensure children who are victims of violence, trafficking, or child marriage return to education.

Addressing Violence and Cyber Crime

Highlighting the perils of cyberspace, Justice Nagarathna urged competent authorities to look into legislating deepfakes and AI-enabled child abuse. Recommendations for technology platforms included mandating 24-hour Child Sexual Abuse Material (CSAM) reporting, implementing platform-level age-gating, and national tracking of response timelines.

She also noted the need for stronger child survivor/victim-centred responses. Every district must have access to child- and gender-sensitive medical, psychosocial, and legal services, and trauma-informed care facilities must be expanded, especially in rural and high-incidence areas.

Judicial and Police Reform:

A significant suggestion made by Justice Nagarathna was for the Supreme Court to consider creating an "AI-Cyber Crime Advisory Committee on Girl Child” to identify specific impacts of AI and evolving technologies and propose mitigation strategies. Further, she suggested implementing judicial training protocols and capacity building across the country related to AI-posed harm. She implored institutions to institutionalize empathy-based police training and judicial proceedings.

In closing, Justice Nagarathna appealed to all stakeholders to take a pledge to help and assist children who are in need of care and protection or who are in conflict with law. She reiterated the tenacious resolve required to allow girl children access to society in a manner that acknowledges their abilities and amplifies their voices, with dignity and respect.

Dignitaries present at the consultation included Ms. Milen Kidane, Chief of Child Protection, UNICEF India; Ms. Punya Salila Srivastava, (IAS), Secretary, Health and Family Welfare; Mr. Anil Malik, (IAS), Secretary, Ministry of Women and Child Development; and Mr. Sanjay Kumar, (IAS), Secretary, Dept. of School Education and Literacy. Justice Nagarathna also expressed gratitude to the Chief Justice of India, B.R. Gavai, for setting the instructive direction with his inaugural address, and to Justice J.B. Pardiwala and Justice Joymalya Bagchi for their role in the release of the “Handbook on Child Rights and the Law”.

She also thanked Anurag Bhaskar and his team of researchers of Centre for Research and Planning, Supreme Court of India, who have meticulously compiled the Handbook.