Since 2014, Unicef India has partnered with the Supreme Court's One Person Committee on Juvenile Justice, headed by the Hon’ble Mr. Justice Lokur, to set in process a systematic review and follow up of the implementation of the JJ Act in the country. In many ways this process was a culmination of a rich engagement of the civil society in child rights in the country. A vibrant child rights movement that demanded accountability and an authority that could lead the charge on ensuring all stakeholders were on board. Every year since 2014, we have organised regional round tables with stakeholders, covering all States, and culminating in a national stocktaking where the report of this is released by the Chief Justice of India. I can write pages on the process and the impact it has had, but sadly, that will have to wait for another time. Today, as Justice Lokur completes his last working day in the Supreme Court of India, and I see tributes being written farewell speeches written in his honour, I have to share and reflect on what I have learnt from him in these four years.
1. The popular saying goes - aim for the stars and you will reach the moon. Sir taught me that as far as children’s rights go, we have to aim as well as reach for the stars. Nothing less will do. When we started planning these review conferences, I was very sceptical on how many states we could reach, and proposed we start with just a key few. Justice Lokur was emphatic in rejecting my proposal. It had to be all the States, including Union Territories. Even if one child in the Andaman Islands was having her rights violated, it was not acceptable. So that’s my first lesson: when it’s the rights of children on the line, nothing less than the best effort will do.
2. Very often in our field of work, especially in child protection, we struggle with data. Numbers are so hard to come by that at times there is an obsession of trying to acquire them. We feel immensely satisfied by seeing neat excel sheets and colourful graphs. Justice Lokur loves his numbers as well. Systems of data collection and analysis excited him. Yet in every visit I have made to a children’s home with him, he always took the time to reach out and help a child in distress. One child out of millions whose story he would listen to, and then ensure action was taken. I have received many a late call from him, inquiring,for example, the status of relocation for the family of a girl from Nagaland, forced to take shelter at a home in Bangalore, who was desperate to go back. This was my second lesson: it’s important not to get too caught up in averages and numbers only. Don’t forget that each of those numbers is a child who needs our support.
3. In these last four years of working with all States and High Courts, we met and listened to many stakeholders. From judges of High Courts to supervisors of children’s homes, from police officers to judicial magistrates, from activists to government officials. Focus was always on finding solutions to problems rather than faults. The man known for his stern and no nonsense judgements in court, was also the man who constantly sought out people with solutions and tried to bring them together. After a day of long deliberations, when everyone just wanted to call it a day, Justice Lokur would sit down with us to identify the most promising solutions presented, then compliment these people personally and make sure that their stories were shared with others. His attitude to all of them, from the humble frontline social worker to the top most lawmaker was the same...if they showed commitment, he showed respect. He also inspired others in the judiciary to start seeing Children’s issues as important and significant and their role within that. And that was my third lesson: Everyone can be the spark that can light the fire for change. Whatever role we are in, if we want to make a difference to the lives of children, we can contribute. Not everything has to be a big and fancy policy, though those are also welcome. But even a simple action like painting the walls of a home to add colour to the daily routine of children is worthy of recognition.
4. Of course we had our share of failures in this process. Uncooperative officials, or those that have been cynical. Politics, egos clashing, blame games... I have been witness to several such conflicts, especially after they were brought to Justice Lokur’s attention, and I have seen how he dealt with them. Staying neutral, non judgemental, and gently but firmly urging parties to not forget that they were doing something for the sake of children. In one case he fearlessly and successfully put himself between two such warring factions, knowing well that whatever happened, the fact that he represents the Supreme Court would ensure that the two parties are forced to swallow their pride and arrive at a compromise. He never failed to remind them that the children were benefiting from ending a battle of egos. Here came my fourth lesson: cooperation, and not conflict, is the better way to bring people together for the greater good. This was the essence of his style of functioning; collaborative action.
5. Many a times the world of child rights is also about normative standards of human rights, and holding ourselves accountable to it. In India, this was also the period in which a lot happened in terms of the laws changing. Some would call it a knee jerk reaction to incidents or, populist measures, not very rooted in evidences. As the Judiciary, of course Justice Lokur never directly involved himself in these discussions, yet one heard in his speeches the values of human rights being echoed time and again. He urged lawmakers not to forget the international and constitutional standards and expressed concern of how some changes in law would negatively impact children. In the infamous Muzzafarpur case, he lost no time in deciding that this was a matter the Supreme Court should take up suo moto. And here lies my fifth and most important lesson: we can be an activist and a changemaker in any work especially when human rights are at risk of being diluted or thwarted, we cannot just be mute spectators simply on the excuse of being neutral. Some values are always worth the fight...
I can only end with deep gratitude to Justice Lokur for his journey with UNICEF and having had a profound impact on our work and values. Continue to be this warm light of hope and courage always...
1. The popular saying goes - aim for the stars and you will reach the moon. Sir taught me that as far as children’s rights go, we have to aim as well as reach for the stars. Nothing less will do. When we started planning these review conferences, I was very sceptical on how many states we could reach, and proposed we start with just a key few. Justice Lokur was emphatic in rejecting my proposal. It had to be all the States, including Union Territories. Even if one child in the Andaman Islands was having her rights violated, it was not acceptable. So that’s my first lesson: when it’s the rights of children on the line, nothing less than the best effort will do.
2. Very often in our field of work, especially in child protection, we struggle with data. Numbers are so hard to come by that at times there is an obsession of trying to acquire them. We feel immensely satisfied by seeing neat excel sheets and colourful graphs. Justice Lokur loves his numbers as well. Systems of data collection and analysis excited him. Yet in every visit I have made to a children’s home with him, he always took the time to reach out and help a child in distress. One child out of millions whose story he would listen to, and then ensure action was taken. I have received many a late call from him, inquiring,for example, the status of relocation for the family of a girl from Nagaland, forced to take shelter at a home in Bangalore, who was desperate to go back. This was my second lesson: it’s important not to get too caught up in averages and numbers only. Don’t forget that each of those numbers is a child who needs our support.
3. In these last four years of working with all States and High Courts, we met and listened to many stakeholders. From judges of High Courts to supervisors of children’s homes, from police officers to judicial magistrates, from activists to government officials. Focus was always on finding solutions to problems rather than faults. The man known for his stern and no nonsense judgements in court, was also the man who constantly sought out people with solutions and tried to bring them together. After a day of long deliberations, when everyone just wanted to call it a day, Justice Lokur would sit down with us to identify the most promising solutions presented, then compliment these people personally and make sure that their stories were shared with others. His attitude to all of them, from the humble frontline social worker to the top most lawmaker was the same...if they showed commitment, he showed respect. He also inspired others in the judiciary to start seeing Children’s issues as important and significant and their role within that. And that was my third lesson: Everyone can be the spark that can light the fire for change. Whatever role we are in, if we want to make a difference to the lives of children, we can contribute. Not everything has to be a big and fancy policy, though those are also welcome. But even a simple action like painting the walls of a home to add colour to the daily routine of children is worthy of recognition.
4. Of course we had our share of failures in this process. Uncooperative officials, or those that have been cynical. Politics, egos clashing, blame games... I have been witness to several such conflicts, especially after they were brought to Justice Lokur’s attention, and I have seen how he dealt with them. Staying neutral, non judgemental, and gently but firmly urging parties to not forget that they were doing something for the sake of children. In one case he fearlessly and successfully put himself between two such warring factions, knowing well that whatever happened, the fact that he represents the Supreme Court would ensure that the two parties are forced to swallow their pride and arrive at a compromise. He never failed to remind them that the children were benefiting from ending a battle of egos. Here came my fourth lesson: cooperation, and not conflict, is the better way to bring people together for the greater good. This was the essence of his style of functioning; collaborative action.
5. Many a times the world of child rights is also about normative standards of human rights, and holding ourselves accountable to it. In India, this was also the period in which a lot happened in terms of the laws changing. Some would call it a knee jerk reaction to incidents or, populist measures, not very rooted in evidences. As the Judiciary, of course Justice Lokur never directly involved himself in these discussions, yet one heard in his speeches the values of human rights being echoed time and again. He urged lawmakers not to forget the international and constitutional standards and expressed concern of how some changes in law would negatively impact children. In the infamous Muzzafarpur case, he lost no time in deciding that this was a matter the Supreme Court should take up suo moto. And here lies my fifth and most important lesson: we can be an activist and a changemaker in any work especially when human rights are at risk of being diluted or thwarted, we cannot just be mute spectators simply on the excuse of being neutral. Some values are always worth the fight...
I can only end with deep gratitude to Justice Lokur for his journey with UNICEF and having had a profound impact on our work and values. Continue to be this warm light of hope and courage always...
