CJI Chandrachud Addresses Juvenile Justice at Nepal Symposium

On May 4, 2024, Chief Justice of India DY Chandrachud delivered a keynote lecture on juvenile justice at a symposium organized by the Supreme Court of Nepal in association with UNICEF. The National Symposium on Juvenile Justice, held in Kathmandu, brought together legal luminaries, government officials, and international representatives to reshape juvenile justice systems.

In his address, CJI Chandrachud emphasized the correlation between economic disparity and juvenile delinquency, highlighting that children are often driven to delinquent behavior due to economic disparities, domestic violence, and poverty. He stressed the need for a holistic approach focused on aspects such as deprivation and poverty to address societal challenges that lead to juvenile delinquency.

Why this matters: The symposium's focus on juvenile justice highlights the urgent need for countries to address the root causes of delinquency, such as poverty and economic disparity, to prevent juvenile crime and ensure the well-being of children. By sharing best practices and international standards, countries like India and Nepal can work together to create a more equitable and just society for all.

Referring to the American drama film"The Florida Project"(2017), CJI Chandrachud raised the issue of economic disparity and societal inequity faced by juveniles, increasing their risk of delinquency. He also mentioned that practices like child marriage and labor may deprive children of their childhoods, exposing them to exploitation and abuse, and heightening therisk of delinquency.

CJI Chandrachud traced the historical evolution of juvenile justice systems, highlighting the establishment of separate structures for dealing with juveniles during the mid-nineteenth century. He underscored the pivotal role of international conventions, such as the United Nations Convention on the Rights of the Child (CRC), in setting standards for juvenile justice.

Both India and Nepal have a shared commitment to international conventions and treaties aimed at safeguarding the rights of children, such as the CRC. CJI Chandrachud commended Nepal's recent legislative milestone with the enactment of the Act Relating to Children (2018), which aligns with UN standards by raising the minimum age for children and introducing provisions for their protection. India has also made consistent efforts to evolve its juvenile justice system, particularly with the enactment of the Juvenile Justice Care and Protection of Children Act (2015), which prioritizes rehabilitation and reintegration.

CJI Chandrachud emphasized the core principles of juvenile justice, including the rights of the child during trial, the best interest of the child, and restorative justice. He cited specific provisions from both Nepalese and Indian legislations, emphasizing rehabilitation over detention and the paramount importance of the child's well-being.

The symposium was attended by distinguished figures, including Bishowambhar Prasad Shrestha, Chief Justice of Nepal; Bhagbati Chaudhary, Minister of Women, Children, and Senior Citizens; Padam Giri, Minister of Law, Justice, and Parliamentary Affairs; and Alice Akunga, UNICEF Representative to Nepal. CJI Chandrachud lauded the efforts of the Supreme Court of Nepal, the Secretariat of the Central Child Justice Committee, and UNICEF Nepal for organizing the symposium.

Chief Justice DY Chandrachud's visit to Nepal marks the first time in history that a sitting Chief Justice of India has paid an official visit to the Himalayan nation. The symposium serves as a platform to address the challenges in juvenile justice implementation, including inadequate infrastructure, social realities, and the evolving landscape of cybercrimes. CJI Chandrachud's insights underscore the importance of a holistic and empathetic approach to juvenile justice, focusing on rehabilitation and reintegration to shape a fair and equitable society.

Key Takeaways

• CJI Chandrachud emphasizes link between economic disparity and juvenile delinquency.
• He stresses need for holistic approach to address poverty and deprivation.
• India and Nepal share commitment to international conventions on child rights.
• CJI Chandrachud highlights core principles of juvenile justice, including rehabilitation.
• Symposium aims to address challenges in juvenile justice implementation, including cybercrimes.