KATHMANDU, May 5: Chief Justice of India Dhananjaya Yeshatwant Chandrachud stated that children involved in crime should be rehabilitated into society according to reform-oriented concepts.
Addressing a seminar on juvenile justice organized by the Central Juvenile Justice Committee in Kathmandu on Saturday, he mentioned that the concept of juvenile justice arose due to the inadequacy of the criminal justice system in addressing it. He emphasized that if children are investigated due to an incident, they should be treated differently from the outset, and it is equally important to protect children who are at risk of crime.
Chief Justice Chandrachud noted that children are more vulnerable due to various factors including economic problems, social disparity and family breakdown. Given the similarities between Nepali and Indian societies, he stressed the importance of exchanging experiences and knowledge in this area.
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Chandrachud highlighted that since children under 18 cannot distinguish between right and wrong, reform and social rehabilitation are more crucial than punishment in case they're involved in any crime. He advocated for psychological counseling for such children.
Furthermore, Chief Justice Chandrachud noted that Nepal has set examples in juvenile justice, and similar work is underway in India, including the implementation of children's courts. He mentioned the significant rise in cybercrime incidents in recent years, posing challenges to children's rights and protection. He emphasized the collective effort required to remove harmful content from the internet and expressed confidence that effective implementation of the law is essential for protecting children's rights.
In the same event, Nepal’s Chief Justice Bishwambhar Prasad Shrestha emphasized the rehabilitation of children who have not reached the age of criminal responsibility and are involved in crime due to external factors. He highlighted the challenge in implementing the legal provision to resolve cases involving children within four months and emphasized considering the best interests of children while deciding punishment.
Chief Justice Shrestha mentioned the recent Supreme Court mandate for establishing a juvenile court, which is expected to be implemented within a year. He also pointed out the management problem in children's correctional homes due to delays in deciding cases involving children.
Supreme Court’s Senior Justice and Central Juvenile Justice Committee Coordinator Dr. Anand Mohan Bhattarai stressed the need for Nepal and India to collaborate in addressing institutional and procedural challenges in juvenile justice. He reiterated the importance of rehabilitating children involved in crime back into society and anticipated cooperation between Nepal and India in the judicial sector after discussions.
The team accompanying Chief Justice of India Dhananjay Chandrachud, including Supreme Court of India Registrar Rakesh Kumar and Court Master Chetan Arora, arrived in Nepal on Friday and will return to India on Sunday.
