Key Rulings on Judicial Conduct and Child Protection Laws
The Supreme Court has recently addressed critical issues related to the conduct of judges and the implementation of child protection laws. Here are the four key takeaways from their ruling:
1. Avoid Personal Opinions in Judgments: The Supreme Court emphasized that judicial opinions should be strictly confined to the case at hand and not reflect personal beliefs or advice. Judgments should be clear, concise, and focused solely on the case without extraneous commentary or personal views.
2. Focus on Case Resolution, Not Preaching: Judges are expected to decide cases based on legal principles rather than using their judgments as platforms for moral or social preaching. The Court criticized the Calcutta High Court’s judgment for containing unnecessary personal advice and urged that judgments should be brief and to the point, rather than verbose or literary.
3. State and Family Responsibilities in Protecting Victims: The Court highlighted the failure of the state and the victim’s family in the present case. It pointed out that survivors of child sexual abuse are often neglected by both their families and the state. The Court underscored the necessity for the state to provide adequate support, including shelter, food, and education, to victims and their children. The state’s failure to act appropriately in this case left the survivor with no choice but to stay with the accused.
4. Non-Compliance with Juvenile Justice Act Provisions: The Court observed a lack of compliance with Section 19(6) of the Juvenile Justice Act, which requires prompt reporting of offenses against minors to the Child Welfare Committee and appropriate legal action. The Court noted that at the grassroots level, these provisions are often ignored, which violates the fundamental rights of affected juveniles. The Court directed law secretaries across states and union territories to ensure adherence to these provisions and take necessary actions to protect the rights of children.
Overall, the Supreme Court’s decision underscores the importance of judicial impartiality, effective implementation of child protection laws, and the responsibility of the state to ensure the well-being of vulnerable children.
(With inputs from agency)
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