The Nepal Weekly 
May 7, 2024
Increasing digital crimes pose new challenge in the modern world, remarked India’s Chief Justice Dr. Dhananjaya Yeshwant Chandrachud adding “juvenile law should take to account the social realities as well.”
Delivering his keynote address at the National Symposium on Juvenile Justice in Kathmandu on Saturday, Chief Justice Chandrachud shed light on the intricate relationship between children and the complex societal systems they navigate. Children enter the world with a clean slate, yet their fragility and vulnerability render them susceptible to a myriad of factors that can lead them astray, such as economic hardship, parental negligence, and peer pressure, he pointed out.
Recognizing the unique needs of children in conflict with the law, CJ Chandrachud advocated for a rehabilitative approach that prioritizes empathy and compassion over punitive measures. He underscored the government’s duty to champion restorative justice, emphasizing the transformative power of parental care and the principle of non-stigmatization, which acknowledges a child’s capacity for change, even after committing an offense.
Drawing from successful case studies in India, the Chief Justice illustrated how delinquent children, when provided with appropriate support and guidance, can become valuable assets to the
society. However, he also highlighted the challenges plaguing the juvenile justice system, including the lack of adequate legal assistance, limited access to psychological counseling, and insufficient infrastructure in juvenile homes.
Moreover, Dr. Chandrachud addressed the evolving landscape of juvenile delinquency, driven by the rapid advancement of technology and
the internet. “Cyber crimes and cyber bullying have emerged as pressing concerns, necessitating a proactive approach to education, capacity building, and the development of robust systems to tackle these modern-day challenges effectively.” Through his insightful remarks, CJ Chandrachud underscored the need for a holistic and compassionate approach to juvenile justice, one that recognizes the unique vulnerabilities of children while fostering their potential for positive transformation and reintegration into society.
Addressing the symposium as chief guest, Chief Justice of Nepal Bishwambar Prasad Shrestha acknowledged the significant strides made by the country in the realm of juvenile justice, while simultaneously highlighting areas that require further attention. “Nepal has enacted robust laws to safeguard the rights of children,” he pointed out. adding, “however, the implementation of these provisions remains a challenge that must be addressed.” Shrestha underscored the paramount importance of delivering juvenile justice in a child-friendly manner, one that prioritizes the best interests and well-being of the young individuals involved. He commended the formation of the central child justice committee as a crucial step forward in this endeavor, underscoring its potential to streamline and enhance the delivery of justice for juveniles. Moreover, the Chief Justice expressed optimism that the symposium would yield valuable insights and practical solutions to overcome the challenges currently faced in the juvenile justice sector.
After Nepal became a signatory to the convention on the rights of the child in 1990, significant work has been done to promote child right and reduce crime related to children, remarked Minister for Law, Justice and Parliamentary Affairs Padam Giri speaking on the occasion. Lately, Nepal has been able to significantly reduce child mortality rate as well as cases of child marriage and child labor, he pointed out. There are currently around 1,200 children are sheltered in nine child reform homes across Nepal and most of them are the victims of sexual violence,” Minister for Women, Children and Senior Citizen Bhagwati Chaudhary said adding “though there sufficient laws and regulations related to protecting child rights the main challenge we now confront is in putting them into practice.”
UNICEF in Nepal is committed to support rights of all children in the country, remarked Alice Akunga, UNICEF Representative to Nepal adding “there is a need to take concrete action to improve the condition of children in Nepal.”
The day long national symposium was aimed at assessing the current status of the juvenile justice process, addressing challenges and devising practical strategies to institutionalize and strengthen the juvenile justice system.
Speaking as chair of the symposium senior justice of Supreme Court and chairman of Central Child Justice Committee Dr. Ananda Mohan Bhattarai underscored the role of child specialist and child expert in delivering justice to juvenile children. Kathmandu will have a separate child court within the current fiscal year and necessary frameworks have already been prepared for the same, he pointed out.
Chief Justice of India Chandrachud visited Pashupatinath Temple in Kathmandu Saturday morning and paid tribute to Lord Shiva, Supreme Court Ved Prasad Upreti said. He also visited various heritage sites in Kathmandu valley including Hanumandhoka, Patan Durbar square, Bhaktapur Durbar square and Swoyambhu Stupa in the afternoon. CJ Chandrachud also held meeting with Chief Justice of Nepal Bishwombhar Prasad Shrestha in a posh hotel in Kathmandu in the evening. CJ Shrestha hosted a dinner reception in honour of the visiting CJ of India who is accompanied with his spouse Kalpana Das. CJ Chandrachud left Kathmandu on Sunday wrapping up his three day official visit to Nepal.
Japan has said that they will continue its support to Nepal. Japanese Foreign Minister Yoko Kamikawa, who came to Nepal on a one-day visit on Sunday, made such a commitment in separate meetings with President Ram Chandra Poudel, Prime Minister Pushpa Kamal Dahal Prachanda and Foreign Minister Narayan Kaji Shrestha. According to the Ministry of Foreign Affairs, all aspects of relations between the two countries were discussed in the bilateral talks held with Foreign Minister Shrestha. According to the foreign ministry, the two leaders discussed cooperation and enhancement of aid in Nepal’s major development priorities including agriculture, hydropower, infrastructure development, connectivity, export promotion, industrial production, foreign investment, and tourism. Japan’s experience, knowledge, capacity, technology, etc. in industrial development, agriculture, hydropower, infrastructure development etc. were also discussed. There was a discussion about the cooperation in tunnel technology and road infrastructure in Nepal.
The Japanese foreign minister expressed the commitment of the Japanese government to always support Nepal in achieving its economic development goals. She mentioned that the relationship between the two countries has always been cordial and emphasized that it should be strengthened.
Foreign Minister Kamikawa came to Nepal at the invitation of Foreign Minister Shrestha. After visiting 6 countries including France and Sri Lanka, she finally came to Kathmandu via Colombo, Sri Lanka. This is her first visit to Nepal. Minister Kamikawa returned home on Sunday night. After landing in Kathmandu, Minister Yoko visited Basantpur Durbar Square. Then she observed Mandala the book point. She was welcomed at Tribhuvan Airport by Foreign Secretary Seva Lamsal, Nepali Ambassador to Japan Durga Bahadur Subedi, Head of North-East Asia Division of Foreign Affairs Krishna Prasad Dhakal and others.
