Investigative methodologies not attuned to effectively handle complex cyber crimes: SC judge

New Delhi, Oct 12 (PTI) Supreme Court judge Justice J B Pardiwala on Sunday said the girl child stands at a higher risk of being victimised in the online space and the present investigative methodologies are not attuned to effectively handle complex crimes committed in cyberspace.

He was speaking 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" organised by the Juvenile Justice Committee of the Supreme Court in association with UNICEF India.

"I am in the Supreme Court as a judge for the past three and a half years. This is the very first event that I am participating in. The reason is simple... I firmly believe that consultations on topics like the one we are discussing are far more important than the subjects like how to grant bail, when to grant bail, when not to grant bail, the future of so and so, the challenges towards so and so, etc," he said.

Justice Pardiwala said, "I am a man of few words and when I want to say something straight, I do not believe in mincing words. Let me put it straight and pithily. Talking alone is not enough".

He said hundreds of such consultations may be undertaken, hundreds of handbooks may be released, but such exercises by themselves 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. We need a team of people with hearts full of compassion and empathy," he said.

Justice Pardiwala said it is unfortunate that "our collective efforts began much after we secured independence as a nation." "This may be because the children do not constitute a voting class and, therefore, are often overlooked by the policy makers," he said.

On the issue concerning the fast-evolving digital world, Justice Pardiwala said the session on cybercrime highlighted both the risks and opportunities that the internet presents.

"Girl children stand at a higher risk of also being victimised in the online space. Perpetrators capitalise on the anonymity, accessibility and interconnectedness of the digital domain to commit crimes against women and girls. Our present investigative methodologies are not attuned to effectively handle complex crimes committed in cyberspace," he said.

"Therefore, we recognised the need for more stringent legal safeguards, enhanced law enforcement, and a more effective use of technology to protect children online, particularly girls, while enabling them to learn and grow," he said.

Justice Pardiwala said it is unfortunate and a hard reality that even after 75 years of the Constitution, the country is still grappling to improve upon as regards the rights of children, especially the girl child.

He said the Indian democracy may have committed mistakes in the past and it is likely it may commit mistakes in future but it is determined to pursue the path ordained by the Constitution and achieve socio-economic justice by democratic means.

"However, I must also acknowledge that we have been progressing. The hope and sheer will to change the past that was riddled with neglect has been the driving force behind the collective efforts of all stakeholders," he said.

Justice Pardiwala said the starting point for any discourse on safeguarding and securing the rights of girl children must be an acknowledgement of the gender bias that is inherent in society.

"We must be conscious that the problems faced by girl children are deeply rooted in our societal approach towards the female gender in general," he said.

Justice Pardiwala said numerous laws and schemes aimed at creating a supportive and conducive environment for the girl child have been enacted, but one must also acknowledge the grim reality that implementation of these laws faces several challenges arising from deep-rooted attitudes and norms which the society is unwilling to break away from.

"As is always said, any approach or attempt to correct a social wrong must begin within our own homes, by first identifying and confronting both the apparent and hidden discriminatory practices that persist within our own families and communities," he said.

He said true change does not begin in policy documents or courtrooms, and it starts in the mindsets, in daily conversations, and in the values the people pass on to their children.

"Actual change must therefore begin at the micro-level, within our homes, by treating children equitably, sharing responsibilities fairly, and modelling respect for the rights and dignity of girls in our daily lives. If every home becomes a space of equality and respect, society as a whole will follow," the judge said.

He said in many indigenous communities across India, including in the Northeast, the birth of a girl child is not merely accepted but celebrated. PTI ABA RHL