Supreme Court Justice Advocates for Girls' Right to Thrive Amidst Concerning Sex Ratio Statistics in India

Supreme Court Justice BV Nagarathna highlighted that the first obstacle for Indian girl children is their very birth, as many families experience disappointment upon learning they have a daughter instead of a son.

During a national consultation on "Safeguarding the Girl Child: Towards a Safer and Enabling Environment for Her in India," Justice Nagarathna expressed deep concern regarding the deteriorating sex ratios in certain states, likely due to female infanticide and foeticide. She emphasized that girls should be given opportunities to thrive, not merely survive.

The consultation was organized by the Supreme Court's Juvenile Justice Committee in partnership with UNICEF India, with Chief Justice BR Gavai, Union Minister for Women and Child Development Annapurna Devi, and other Supreme Court judges in attendance.

Justice Nagarathna asserted that a young Indian girl can only be considered truly equal when she can freely aspire to achieve anything her male counterparts can, with equivalent support and resources, without facing gender-specific barriers.

"The opportunities for her birth, access to proper nutrition, care, education, resources, a secure environment, developing self-identity, and achieving her goals must be equivalent to those of boys. Girls should actively thrive, not just survive," she stated.

Addressing gender disparities, she noted that while the child sex ratio has shown marginal improvement from 914 girls per 1000 boys in the 2011 census to 929 girls per 1000 boys in the National Family Health Survey-5, recent reports indicate concerning trends of worsening ratios in some states, though many others have shown improvements.

As chairman of the Supreme Court's Juvenile Justice Committee, Justice Nagarathna emphasized the critical importance of nutritional care, pointing out that girl children are often deliberately fed less or lower quality food compared to boys.

"While government initiatives like the midday meal scheme, 'anaemia mukt Bharat' program, and POSHAN abhiyan have improved nutrition access for young girls, we must better publicize how early malnutrition negatively impacts girls' physical activity, thinking abilities, and problem-solving skills," she explained.

On child marriage, Justice Nagarathna acknowledged positive trends shown in successive National Family Health Surveys, with combined policy efforts and community engagement having halved India's child marriage rates over the past fifteen years.

"Through legislation like the Prohibition of Child Marriage Act, 2006 and compliance with UN Convention on the Rights of the Child, governments at various levels have made significant progress. What we need now are holistic, regionally-tailored solutions to maximize intervention effectiveness," she stated.

Regarding girls' education, Justice Nagarathna emphasized that quality education is essential not only for girls' empowerment but also for national prosperity. For India to become a global superpower, today's girls must be adequately supported to become the influential women of tomorrow.

She noted encouraging improvements in school attendance for girls aged 15-17, according to NFHS data. However, high dropout rates continue to hinder education pursuit beyond secondary level.

"We must address why girls abandon their education. Many are expected to sacrifice their education entirely or pursue courses they aren't interested in so their brothers can pursue their dreams. Education must be free from stereotypes, bias, and ideology, preparing students to become upstanding societal members," she emphasized.

Justice Nagarathna also stressed the need for expanded trauma-informed and child-sensitive procedures in courts and police stations. She highlighted the concerning statistic that between 2018 and 2022, despite numerous charge sheets filed, only about 4.8 percent of individuals arrested for human trafficking were convicted.