Thread by @LiveLawIndia

Chief Justice of India Bhushan Gavai delivering the inaugural address for the 10th Annual Stakeholders Consultation on

‘Safeguarding The Girl Child : Towards a Safer And Enabling Environment For Her In India’

organized by the #SupremeCourt

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CJI: I am delighted to see the collective of judicial minds, government representatives, child right advocates coming together for the shared purpose to reflect on how far we have come and how far we must go in ensuring that every girl child is truly empowered.

CJI: the collective conscience of the nation is measured by how it treats its most vulnerable. The strength and destiny of the nation and inextricably linked with the well being and empowerment of its daughters.

CJI: we must ask ourselves what it truly means to say that our children, especially girl children are safe. Can safety exist when dignity is denied, voices are silenced or dreams are constrained by circumstances. It is to confront this question this consultation serves as an important forum

CJI: to answer whether our society enables every girl to be seen, heard and valued, we must look to our constitutional history.

From the constitutional debates on fundamental rights we see that initial advances in every historically marginalised society find both recognition and representation in its journey of growth.

CJI: The constitution provides specific safeguards in this regard. Article 15(3) permitted the state to make special provisions for women and children. It was adopted because the framers of the Constitution were concerned about exploitation of child due to child labour, lack of education, poor health and material deprivation.

CJI: via article 15(3) they sought to preserve the states authority to enact welfare, protective and special laws for children and women. Without the article measures such a child labour restrictions or Juvenile justice protections could have been challenged as discriminated. Children were and remain particularly vulnerable especially in the context of labour and industrial employment.

CJI: The constitutional assembly recognised the state's responsibility to provide education, nutrition and healthcare for children. Further the preamble's commitment to justice equality and fraternity read together with articles 14 15(3) 19 and 21 places a solemn obligation on the state and every public institution to prevent harm and at the same time create conditions in which the girl child can flourish

CJI: safeguarding the girl child in this regard means nurturing her voice, curiosity, ambitions and self worth. It means ensuring she can learn without fear, live without limitation and participate fully in the life of the community and the nation.

CJI: when our laws, policies and institutions create this condition, they not only protect an individual girl but uphold the very promise of our republic.

CJI: despite constitutional and legal guarantees many girls across India continue to be tragically denied their fundamental rights and even basic necessities. This vulnerability exposes them to disproportionately high risk of sexual abuse, exploitation and harmful practices such as female genital mutation, malnutrition, sex-selective abortions, trafficking and child marriage against their will.

CJI: this demands a deeper examination of the social, economic and cultural barriers that continue to impede girls' lives. Further, in today's technological era when innovation defines progress, it is important to recognise that technology though empowering also brings new vulnerabilities especially for the girl child.

CJI: the threats faced by young girls are no longer confined to physical spaces. They extend into the vast and often unregulated digital world. From online harassment, cyber bullying, and digital stalking the misuse of personal data and deepfake imagery, the challenges have evolved in both scale and sophistication.

CJI: I also want to highlight the issue of intersectional discrimination. A girl who is both in marginalised caste and may be with a disability will face compounded disadvantages and multiple layers of societal discrimination. Our institutions, policy framework and enforcement authorities therefore must be attuned to the realities of our times. Training programs for police officers, educators, health professionals and local administrators should consequently incorporate a sensitive approach equipping them to respond with empathy nuance and contextual understanding.

CJI: laws addressing online sexual exploitation, digital trafficking and cyber harassment must be paired with effective enforcement, education and awareness initiatives. Protecting the girl child must become a core priority of digital governance ensuring that technological progress is accompanied by ethical safeguards.

CJI: as we advance into a digital future technology must serve as a tool for liberation rather than exploitation. Safeguarding the girl child today means securing her future in grassroots. Equally important in the mission to protect and empower the girl child is constituting widespread public awareness about the right to protection and welfare schemes already established for children particularly girls and juvenile delinquents.

CJI: Too often well meaning citizens upon encountering a trafficked, abandoned or abused girl simply do not know what exactly they can do. This lack of awareness limits the effectiveness of existing frameworks and delays timely care and rehabilitation of the girl child.

CJI: thus, there is an urgent need of comprehensive campaigns to educate citizens on responding to child abuse, begging, sexual exploitation, trafficking etc. Awareness programs must reach rural communities, schools and local self government empowering the citizens to act knowledgeably and responsibly.

CJI: our efforts must reach every corner of the country and should not be limited to only the national capital. In this context the consultation addresses a wide range of issues including functioning of PCPNDT Act, education child labour, POCSO Act, child marriage and gaps in implementation of various laws relating to the girl child.

CJI: it is a comprehensive discussion on the rights of all children and I congratulate the organisers for conceptualizing this program.

CJI: I thank the Hon'ble Minister of Women and Child Development for her presence here today. While the judiciary can play a role in reforming the rights and ensuring accountability, the primary responsibility of implementing these rights rests with the executive.

CJI: In protecting the rights of children, especially girls, the executive plays the most crucial role as they are the primary stakeholders in these issues. I acknowledge the role of the Juvenile Justice Committee ably headed by my esteemed sister Justice BV Nagarathna and Justice JB Pardiwala. Your guidance and efforts have been invaluable.

CJI: In conclusion, I am reminded of Rabindranath Tagore's timeless poem 'Where The mind is without Fear' that captures the very essence of what we seek to achieve by safeguarding the girl child. He dreamt of a nation where the mind is without fear and the head is held high. Where knowledge is free.

CJI: That vision remains incomplete so long as the girl child in our country lives in fear of violence, fear of discrimination or being denied the chance to learn and to dream. To secure her safety is not merely to protect her body but to free her spirit.

CJI: To create a society where she can hold her held high in dignity and where her aspirations are nourished by education and equality. Tagore's warning against the dreary deserts and of dead habits reminds us that we must confront and overcome the deep rooted patriarchal customs that continue to deny girls the rightful place.

CJI: Only when the girl child grows in an environment of freedom and respect can we say with conviction that our nation has awakened into that nation of freedom of which Tagore so beautifully spoke. Coincidentally, today is International Girl Child Day. The theme of this year's Girl Child Day is empowering girls for a bright future. Let us all collectively work in that direction. Thank you