CJI Gavai flags vulnerability of girl child in digital era, calls for specialised laws and training

Highlighting the vulnerability of a girl child in the digital era due to online harassment, cyberbullying, digital stalking and misuse of personal data and deepfake imagery, CJI BR Gavai on Saturday called for specialised laws and training of law enforcers and decision makers to deal with such problems.

Addressing the national annual stakeholders consultation on “Safeguarding the Girl Child: Towards a Safer and Enabling Environment for Her in India” here, the CJI voiced his concern over the new vulnerabilities, especially for the girl child.

Organised by Juvenile Justice Committee (JJC) of the Supreme Court in association with UNICEF India on October 11 and 12, the consultation is deliberating on strengthened measures towards preventing violence against girls, ensuring timely justice for survivors, and expanding access to education, healthcare, and social protection.

“Furthermore, in today’s technological era, where innovation defines progress, it is important to recognise that technology, though empowering, also brings new vulnerabilities, especially for the girl child,” the CJI said, adding, “From online harassment, cyberbullying and digital stalking to the misuse of personal data and deepfake imagery, the challenges have evolved in both scale and sophistication.”

Emphasising the need for specialised training, the CJI said institutions, policy frameworks and enforcement authorities must, therefore, be attuned to the realities of the times.

Supreme Court JJC Chairperson Justice BV Nagarathna said a young girl in India can be said to be a truly equal citizen only when she can freely aspire to do anything that her male counterpart does and receive the same quality of support and resources to do so, facing no barriers specific to her because of her gender.

“Put differently, the odds of her being born at all, having access to the right nutrition, care, education and material resources, a secure and safe environment, developing a distinct sense of self and being able to achieve whatever she sets her mind to has to be equivalent to that of a boy child born in this country. She should not merely survive but actively thrive,” Justice Nagarathna said.

The CJI said that despite constitutional and legal guarantees, many girls across the country continue to be tragically denied their fundamental rights and even basic necessities for survival and this vulnerability exposes them to disproportionately high risks of sexual abuse, exploitation and harmful practices, such as female genital mutilation, malnutrition, sex-selective abortions, trafficking and child marriage against their will.

“To secure her safety is not merely to protect her body, but to free her spirit. To create a society where she can hold her head high in dignity and where her aspirations are nourished by education and equality.... We must confront and overcome the deep-rooted patriarchal customs that continue to deny girls their rightful place,” Justice said.

Reciting Rabindranath Tagore’s poem, “Where the Mind is Without Fear”, Justice Gavai said it captures the very essence of what is sought to be achieved in safeguarding the girl child.

“That vision remains incomplete so long as any girl in our country lives in fear — fear of violence, of discrimination, or of being denied the chance to learn and to dream,” he said, adding that only when every girl child grows in an environment of freedom and respect can it be said with conviction that the country has awakened into that “heaven of freedom” of which Tagore so beautifully spoke.

Calling for a deeper examination of the social, economic and cultural barriers that continue to impede girls’ lives, the CJI said the threats faced by young girls are no longer confined to physical spaces, they extend into the vast and often unregulated digital world.

The consultation was attended by Union Minister for Women and Child Development Annpurna Devi, Cynthia McCaffrey, the country representative for UNICEF-India, judges, advocates and other stakeholders.