Justice Surya Kant raises concern over India’s growing child vulnerability, calls for urgent action
Issuing a stark warning about the growing vulnerability of marginalised communities in India, Supreme Court judges on Sunday highlighted alarming rates of child malnutrition, labour, and the pandemic's devastating aftermath. They underscored the plight of millions of undertrial prisoners languishing in jails without proper legal aid, and the need for legal services authorities to bridge the gap between justice and the people it serves.
At the onset, Justice Surya Kant referred to disturbing “self-styled” studies which claimed that 6.7 million children in India were at risk of severe malnutrition, which might lead to stunting, and annually 24 million Indian children were impacted by climate-related disasters.
“Some self-styled studies claim that India had the highest number of infants who are likely to receive zero nourishment over a 24-hour period," Justice Kant said, referencing the study that surveyed nearly 100 countries.
Speaking at a regional conference, ‘Empowering Marginalized Citizens and a Step towards Social Justice: Achievements made and Roadmap Ahead”, Justice Kant pointed out that the crisis was exacerbated by the persistent prevalence of child labour, with millions of children forced to forgo education to support their families.
Pointing at the catastrophic effects of the COVID-19 pandemic on children in India, the Judge asserted: "As per a variety of studies conducted by leading UN organisations, children were the biggest victims of the pandemic – even though it may not be imminently obvious”.
Justice Kant added health and educational setbacks faced by children during the pandemic pushed many into extreme poverty and they faced insurmountable barriers to basic needs such as education, healthcare, and shelter during the pandemic.
Justice Kant asserted children of migrant workers, who made up 38 per cent of India’s population, were left stranded during the lockdowns with no support. Expressing concern about children caught in the turmoil of migration, urbanisation, and cultural displacement, the Judge called for a more nuanced approach for addressing the needs of the vulnerable groups.
Highlighting the dire need for a more robust legal framework to protect the rights of prisoners, Justice B.R. Gavai said: "Seventy-six per cent of prisoners in India are under trials, i.e., they have not been found guilty yet. Many of them may be languishing in prisons due to a lack of access to legal aid”.
Citing Article 39-A of the Constitution, Justice Gavai emphasised the state's obligation to ensure justice through equal opportunities and free legal aid. Quoting Apex Court rulings, Justice Gavai asserted: “The court has held that the right to live with dignity extends even to the incarcerated.
Justice Gavai also stressed the critical role of Legal Services Authorities in bridging gaps between prisoners and the justice system. “From January to August 2024, legal services were provided to 1, 84,749 persons in custody… This includes 1,035 in Chandigarh, 7,059 in Haryana, 539 in Himachal Pradesh, 971 in Jammu & Kashmir and 21,093 in Punjab”.
Punjab and Haryana High Court Chief Justice Sheel Nagu urged the legal community to work tirelessly toward ensuring that justice became a reachable reality for all. Justice Nagu emphasised that the mission of the legal services authorities was to bridge the gap between the law and the people it served. "The essence of justice lies in righteousness and fairness, as shown by those who walk the path of truth," Justice Nagu said while citing Manusmriti.
Justice Nagu added no inmate remained unrepresented before the courts, while referring to the significant increase in legal aid services provided to inmates across the region. In 2023-24 alone, 38,201 prisoners availed legal aid services, up from 32,976 in the previous year.
