SC judge flags gaps in child protection framework, calls for major shift

Business Standard

a day ago

The child protection framework in the country remains disjointed and under-equipped, and what is needed is a fundamental shiftone that sees the child not as a passive witness in a criminal trial, but as a person in urgent need of sustained and holistic care, Supreme Court Judge Justice Surya Kant said on Saturday.
Speaking at the inaugural session of the State-Level Meet 2025 on POCSO, Justice Kant added that the work is far from complete until children experience meaningful restorative justicewhere the systems meant to protect them do not retraumatise them.
Chief Minister A Revanth Reddy, in his address, said child survivors must be placed at the centre of India's legal and moral framework in fighting this heinous crime against humanity.
Justice Surya Kant emphasised that the system should prioritise the healing of children both within and outside the four walls of the courtroom, alongside ensuring accountability.
"Our child protection framework, though well-intentioned, remains disjointed and under-equipped. What we need is a fundamental shiftone that sees the child not as a passive witness in a criminal trial, but as a person in urgent need of sustained and holistic care," Justice Kant reiterated.
He also stated that justice for a child begins not in the courtroom, but the moment the child feels safe and secure, both within and outside their environment. Reintegration, he said, must not be an afterthought, but the foundation of our response.
"Consider the case of a 10-year-old child made to recount trauma repeatedlybefore a teacher, a police officer, a medical examiner, a lawyer, and then a judge. With each retelling, her voice grows fainter until it vanishes altogether," he said.
Justice Kant observed that the distress of the victim is often compounded by the legal process. When the system forgets the child in its pursuit of the accused, it fails them both. He noted that this imbalance is not incidental, but structural.
"The child's healing is not just a legal requirementit is a moral obligation. In the Indian societal context, it is also a constitutional commitment," he said.
He stressed that the task of protecting and supporting child victims is too important to be left to the legal system alone. It is not only the responsibility of the judiciary, police, and social workersbut a collective national duty.
"We must move away from reactive justice to a more proactive, compassionate model, where rehabilitation is not a footnote, but the foundation," he said.
In his speech, Chief Minister Revanth Reddy said, "We must protect our children from sexual abuse at any cost and by all possible means. My government gives top priority to the protection of children and women," Reddy said.
He highlighted that the Telangana Bharosa Project has 29 centres, which provide police support, legal aid, medical assistance, and counselling in a friendly environment. He added that the goal is not merely faster disposal of cases, but complete child protection and development.
Reddy acknowledged that while the POCSO Act and the Juvenile Justice Act are highly progressive legal instruments, they are not without challenges.