Supreme Court judge calls for more empathetic justice system for child survivors of sexual abuse

Time of India

06-07-2025

Hyderabad: Justice Vikram Nath of the Supreme Court on Sunday called for a more empathetic and effective justice system for child survivors of sexual abuse. 'We must also listen to children.
Often, the voices of child survivors are drowned in the noise of administrative processes. If we are to design truly victim-centric systems, we must involve children in shaping the responses meant for them,' he added.
Delivering the valedictory address at the national conference on 'Ensuring Justice, Rehabilitation and Reintegration for Child Victims: Strengthening POCSO and Child Protection Ecosystems' held here, Justice Nath emphasised that legal provisions must be backed by compassionate and coordinated systems to ensure real justice for children.
Drawing from personal experience as former chairperson of the Juvenile Justice Committee of the Allahabad high court, Justice Nath said, 'This subject is not just a professional interest — it is deeply personal. I have seen first hand the immense challenges and responsibilities that surround child protection.'
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He underscored that child victims often face not just the trauma of abuse but were also re-traumatised by the system meant to protect them.
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'Justice cannot merely mean punishment. It must encompass healing, restoration, and the hope of a future unmarred by the past,' he said at the conference, organised by the women safety wing of the Telangana police in collaboration with the women development and child welfare department, the Telangana State Legal Services Authority and UNICEF.
He praised Telangana's Bharosa Centres as a model worth replicating nationwide, calling them 'spaces of safety, listening, and healing' due to their integration of police, legal, medical, and psychological support under one roof.
'Such convergence should not be the exception but the norm,' he said, urging similar models to be scaled across India.
The apex court judge also acknowledged the challenges of delays in the Protection of Children from Sexual Offences (Pocso) trials, gaps in trained personnel, and the lack of infrastructure. He questioned whether institutions truly had the will and capacity to implement child protection laws effectively and empathetically.
Speaking about the judiciary's role, Justice Nath stressed that judges must go beyond the mechanical application of law. 'Technicalities must not eclipse justice. Justice is not a product — it is a process, and in that process, dignity must be non-negotiable.'
He urged the judiciary, investigators, and legal aid lawyers to adopt a child-sensitive approach, insisting that legal aid must be timely and rehabilitation must be holistic—going beyond compensation to include education, counselling, family reintegration, and community care.
Recognising the growing threat of online exploitation, he called for better digital safeguards, increased cybercrime investigation capacities, and active collaboration with tech platforms to combat abuse facilitated by technology. He also stressed the importance of digital literacy for children, parents, and teachers.
Justice Nath called for sustained judicial training grounded in empathy, psychological insight, and field experience.
'Our goal must be to create a justice system where children are not mere witnesses, but participants whose well-being is our central concern,' he added.
'Their testimonies, their experiences, their suggestions must inform our laws and our institutions. We are accountable not just to the Constitution or to the statutes, but to every child who looks to us for safety and justice.
Each case of child sexual abuse is not just a legal file; it is a broken world.
And while we may not be able to undo the past, we have a duty to ensure that the future is filled with dignity and hope,' the apex court judge said.
Quoting Nelson Mandela, he concluded: 'There can be no keener revelation of a society's soul than the way in which it treats its children.' Justice Nath added, 'Justice must have a human face. Let that face be visible to every child who walks into a courtroom, a police station, a hospital, or a shelter home.'
Acting Chief Justice Sujoy Paul, Justice Sam Koshy and several judges from the Telangana high court, advocate general A Sudarshan Reddy, Unicef child protection specialist Sonykutyy George and others participated.