NEW DELHI, OCT 10: Chief Justice of India (CJI) Surya Kant on Saturday emphasised that a child’s involvement in a legal offence should not define their identity, calling for a justice system focused on rehabilitation, dignity and a second chance.
Speaking at the National Annual Stakeholders’ Consultation marking 10 years of the Juvenile Justice (Care and Protection of Children) Act, 2015, organised by the Supreme Court’s Juvenile Justice Committee in association with UNICEF, the CJI stressed that children must not be permanently labelled because of their past actions.
He said the expression “child in conflict with law” describes a circumstance rather than an identity and urged authorities to ensure that such children’s names are kept out of news reports and off the internet.
According to the CJI, the Act rests on the principle that giving a child another opportunity is more likely to help them become a productive member of society than branding them a criminal.
He also emphasised that rehabilitation cannot end when a child leaves an institution. True reintegration, he said, means restoring the young person’s place in their family, school and community without stigma.
Focus On Care, Rehabilitation And Legal Support
The CJI observed that many children who come into conflict with the law have experienced interrupted schooling, family difficulties and poverty. In some cases, he said, a child facing legal proceedings may previously have been a child in need of care and protection who did not receive timely support.
“Our answer to such a predicament is restoration, not retribution,” he said.
Highlighting the importance of legal representation, Surya Kant referred to the National Legal Services Authority’s child-friendly legal services scheme of 2024, which provides for legal assistance at police stations and legal services clinics at Juvenile Justice Boards.
He expressed concern that several Boards still lack such clinics, potentially leaving children without adequate representation when decisions concerning their care and well-being are made.
The CJI urged legal services institutions to consider establishing dedicated teams of trained defence lawyers for children. He said the same lawyer should ideally assist a child throughout the process, from the police station and initial proceedings to the final order and rehabilitation.
He also called for regular joint training involving judicial officers, police personnel, probation officers, psychologists and other professionals to improve their understanding of adolescence, trauma and poverty.
CJI Calls For Better Evaluation Of Rehabilitation
Surya Kant stressed the need for regular, independent assessments of the juvenile justice system, with due safeguards for privacy.
He said evaluations should examine whether children return to school, find employment and avoid further involvement with the justice system.
He noted that the Juvenile Justice Act had been in force for a decade, adding that while 10 years may be a short period for legislation, it represents more than half of a childhood.
Justice Nagarathna Highlights Pendency Before Juvenile Justice Boards
Addressing the consultation, Supreme Court judge Justice B. V. Nagarathna said the anniversary provided an opportunity to assess the implementation of the legislation and its impact on children.
She stressed that adults have a responsibility to understand children’s anxieties and avoid dismissing their concerns, warning that doing so could leave them feeling alienated or rejected.
Justice Nagarathna said Juvenile Justice Boards should not function as miniature criminal courts. Instead, their approach must recognise children’s capacity for development and change.
Referring to an India Justice Report study published in November 2025, she said that, for the year ending October 2023, around 55 per cent of cases before Juvenile Justice Boards across 18 states and two Union Territories remained pending.
According to the figures she cited, more than 55,000 children were awaiting decisions. Of 1,00,904 cases before 362 Boards during the period, 45,097 had been disposed of.
She also noted that 111 of 470 responding Boards, or 24 per cent, were functioning without a complete bench comprising a principal magistrate and two social worker members.
Justice Nagarathna said these figures related to 2023 and underlined the need to strengthen the system.
Concluding her remarks, she emphasised that juvenile justice must remain focused on a child’s future rather than allowing past mistakes to determine the rest of their life.
“When a child breaks the law, the law must not break the child,” she said.
