KATHMANDU: Chief Justice of India
D Y Chandrachud
on Saturday said
juvenile justice systems
must adapt by enhancing international cooperation and sharing best practices to tackle growing transnational digital crimes involving minors, amidst the rapid
evolution of technology
. Chandrachud is here on a three-day official visit to Nepal at the invitation of Chief Justice of Nepal Bishwombhar Prasad Shrestha.
Delivering a keynote address at the National Symposium on Juvenile Justice, the Chief Justice shed light on the intricate relationship between children and the complex societal systems they navigate.
Children enter the world with a clean slate, yet their fragility and vulnerability render them susceptible to a myriad of factors that can lead them astray, such as economic hardship, parental negligence, and peer pressure, he pointed out.
“When discussing juvenile justice, we have to recognise the vulnerabilities and unique needs of children embroiled in legal conflicts and ensure that our justice systems respond with empathy, rehabilitation, and opportunities for reintegration into society,” Chandrachud said.
It is crucial to grasp the multifaceted nature of juvenile justice and its intersections with various dimensions of the societies, he said.
Chandrachud said with technology evolving rapidly, juveniles are diving into cybercrimes like hacking, cyberbullying, online fraud, and digital harassment. The anonymity and accessibility of digital platforms lower barriers to entry, luring young individuals into illicit activities.
He cited the “Momo Challenge” as an example. The ‘Momo Challenge’ was a viral hoax that spread through social media platforms in 2019, targeting children and adolescents. This hoax purported a series of escalating dares, including self-harm or suicide, although it was later debunked.
“Its rapid dissemination highlights the susceptibility of juveniles to online dangers. There is a need for proactive measures to educate and safeguard young individuals in the digital age, emphasising digital literacy, responsible online behaviour, and effective parental guidance as crucial components in mitigating cyber-related risks,” Chandrachud said.
The juvenile justice systems, he said, “must thus adapt by enhancing international cooperation mechanisms and sharing best practices to address the transnational nature of digital crimes involving juveniles”.
“This includes establishing protocols for extradition and repatriation, as well as facilitating information sharing and cooperation between law enforcement agencies,” the Chief Justice said.
At the domestic level, he said, specific training in child protection rules is essential to ensure that all stakeholders involved in the juvenile justice system have the necessary knowledge and skills to safeguard the rights and well-being of children.
This training should encompass various aspects of child protection, including understanding child development, recognising signs of abuse or neglect, and familiarising oneself with relevant laws and procedures, Chandrachud said.
Moreover, training programmes should incorporate principles of trauma-informed care, emphasising sensitivity and empathy towards juvenile offenders who may have experienced adverse experiences, he said.
“Cyber crimes and cyber bullying have emerged as pressing concerns, necessitating a proactive approach to education, capacity building, and the development of robust systems to tackle these modern-day challenges effectively,” he said.
Chandrachud said, “Quite often, we focus more on offences committed by juveniles than reflecting on their reformation. It thus becomes essential to acknowledge the complex nature of juvenile delinquency and take a comprehensive approach that addresses the underlying socio-economic factors contributing to such behaviour.
“By investing in strategies that prevent, intervene, and rehabilitate, we can build a society that is more inclusive and provides every child with the opportunity to fulfil their potential,” the Chief Justice of India said while analysing the juvenile justice systems of India and Nepal.
He also emphasised that juvenile justice plays a crucial role in shaping a fair and equitable society through its focus on reformative measures.
By placing the well-being of children at the forefront and offering access to rehabilitation and support services, juvenile justice systems help create an environment conducive to the overall growth and development of young offenders, Chandrachud added.
Addressing the symposium as the chief guest, Chief Justice of Nepal Shrestha acknowledged the significant strides made by the country in the realm of juvenile justice, while simultaneously highlighting areas that require further attention.
“Nepal has enacted robust laws to safeguard the rights of children,” he pointed out, adding, “however, the implementation of these provisions remains a challenge that must be addressed.”
Shrestha underscored the paramount importance of delivering juvenile justice in a child-friendly manner, one that prioritises the best interests and well-being of the young individuals involved. He commended the formation of the central child justice committee as a crucial step forward in this endeavour, underscoring its potential to streamline and enhance the delivery of justice for juveniles.
After Nepal became a signatory to the Convention on the Rights of the Child in 1990, significant work has been done to promote child rights and reduce crime related to children, said the Minister for Law, Justice and Parliamentary Affairs Padam Giri.
Lately, Nepal has been able to significantly reduce child mortality rate as well as cases of child marriage and child labour, he said.
“There are currently around 1,200 children are sheltered in nine child reform homes across Nepal and most of them are the victims of sexual violence,” Minister for Women, Children and Senior Citizen Bhagwati Chaudhary said, adding, “though there are sufficient laws and regulations related to protecting child rights, the main challenge we now confront is in putting them into practice.”
Earlier in the day, CJI Chandrachud visited Pashupatinath Temple and paid tribute to Lord Shiva, according to Supreme Court spokesperson Ved Prasad Upreti. The CJI also visited various heritage sites in Kathmandu Valley, including Hanumandhoka, Patan Durbarsquare, Bhaktapur Durbarsquare and Swoyambhunath Stupa.
