Laws Are Not Enough, True Change Must Start At Home: Justice Pardiwala's Clarion Call for Girl Child Protection

New Delhi – Supreme Court Justice JB Pardiwala delivered a powerful address, urging a fundamental shift from legislative reliance to grassroots action to ensure the safety and empowerment of the girl child in India. Speaking at a national consultation, Justice Pardiwala, a member of the Supreme Court's Juvenile Justice Committee, contended that despite significant legal advancements, the nation continues to grapple with deep-seated societal prejudices that can only be dismantled from within families and communities.

The remarks were made at the closing ceremony of the National Annual Stakeholders Consultation on 'Safeguarding the Girl Child: Towards a Safer and Enabling Environment for Her in India', an event organized by the Supreme Court's Juvenile Justice Committee in collaboration with UNICEF India.

Justice Pardiwala expressed his dismay that over 75 years after the Constitution enshrined the principles of equality, the country is still struggling to secure the basic rights of its children, with girls facing a disproportionate share of the challenges.

“Talking alone is not enough. We may undertake hundreds of such consultations... Such exercises by itself are not sufficient and complete. Judgments are not going to be enough. The need of the hour is that we should work at the grassroots level,” he asserted, emphasizing that legal pronouncements and policy handbooks, while important, cannot single-handedly effectuate the required social transformation.

The Limits of Legal Frameworks

At the heart of Justice Pardiwala’s address was a critical analysis of the efficacy of law in the face of entrenched social norms. He acknowledged India's robust legal architecture, including numerous laws and schemes designed to protect and support girls. However, he pointed out a significant gap between legislative intent and on-ground reality, where the impact of these laws is often "blunted by deep-rooted social attitudes and cultural norms that resist change."

He elaborated on this dichotomy, stating, “While it is essential to ensure that laws are implemented in both letter and spirit, our efforts must extend beyond the legal framework to actively shape and transform social conversations and perceptions about the girl child. Only then can we create an environment where legal protections are matched by an equally responsive and accepting society.”

This perspective is crucial for legal practitioners and policymakers, suggesting that a successful strategy for child protection must be two-pronged: ensuring rigorous legal enforcement while simultaneously investing in social and behavioral change communication.

The Home as the Epicenter of Change

Justice Pardiwala firmly located the starting point for this societal transformation within the four walls of the home. He called for an introspective look at the discrimination, both overt and subtle, that persists in families and communities.

He highlighted the common practice of gender-based allocation of household chores, where girls are disproportionately burdened while boys are often exempted. “In doing so, we not only habituate the practice of exploiting the labour of the girl child from a very early age but also reinforce societal norms that undervalue her time, potential, and opportunities,” he observed.

This, he argued, is where the cycle of gender bias begins and is perpetuated. The solution, therefore, must also begin at home. "If every home becomes a space of equality and respect, society as a whole will follow,” he added, providing a clear and actionable directive for initiating change.

Addressing Modern Threats and Learning from Traditional Wisdom

The consultation also addressed contemporary challenges, particularly the risks faced by girls in the digital world. Justice Pardiwala highlighted the session on cybercrime, noting that girls are at a higher risk of victimization online. He pointed out a critical flaw in the justice system's response: “Our present investigative methodologies are not attuned to effectively handle complex crimes committed in the cyber-space.” This observation serves as a call to action for law enforcement agencies and the legal fraternity to urgently upgrade skills, technology, and legal safeguards to protect children in the digital domain.

While addressing modern challenges, Justice Pardiwala also drew inspiration from traditional wisdom. He pointed to indigenous communities, especially in North-Eastern regions, where traditions of gender equality are vibrant, the birth of a girl is celebrated, and girls are viewed as contributors.

"By learning from the wisdom of indigenous communities and re-orienting ourselves to further affirm the constitutional vision of equality, we can build a society where every girl child is welcomed, nurtured, and empowered to realise her full potential," he proposed.

The Path Forward: Data, Coordination, and Collective Resolve

Concluding his address, Justice Pardiwala outlined a strategic path forward. He stressed the importance of policies grounded in empirical data, seamless coordination among government departments, and a focus on preventive strategies like adolescent empowerment. He commended states such as Odisha, Rajasthan, Assam, Telangana, and Kerala for demonstrating effective models of community-based interventions in combating child marriage, cybercrime, and abuse.

He lamented that children often remain overlooked in policymaking because “they do not constitute a voting class,” which relegates their rights to the periphery. This statement is a stark reminder to lawmakers and the executive of their constitutional and moral obligation to prioritize child welfare, irrespective of electoral calculations.

In his final appeal, Justice Pardiwala urged all stakeholders to move beyond dialogue and into decisive action. “Let today mark not just the conclusion of a consultation, but the reaffirmation of our collective resolve to protect, empower, and uplift every child in India,” he urged. “Let us move forward with faith in our Constitution and compassion in our hearts, to build a nation where every child, especially every girl child, can live with dignity, equality, and hope.”