Holding

The Court directed comprehensive reporting, rule‑making, appointment of a commissioner, and financial deposits to ensure implementation of the Juvenile Justice Act, 1986.

Summary

The Supreme Court entertained a writ petition under Article 32 seeking relief for delinquent children detained in regular jails, in light of the Juvenile Justice Act, 1986. The Court noted that earlier reports from District Judges showed significant numbers of juveniles in regular jails across several states and that the Act required the establishment of juvenile courts, homes, special homes and observation homes. It directed every District Judge to submit, within four weeks, an updated report on the exact number of juveniles still in regular jails and on the status of the required institutions. The Court also ordered that states indicate whether they have framed and enforced rules under Section 62 of the Act, and directed any non‑compliant state to do so by 7 April 1989. A senior advocate was appointed as Commissioner to visit jails in Bihar and collect detailed data, and the Union and specified states were ordered to deposit funds to meet the expenses of the scheme. The order emphasized the societal responsibility to protect children and placed the monitoring mechanism under the Court’s supervision pending further coordination with High Courts.

Issues considered

Whether the State governments have complied with the Juvenile Justice Act, 1986 in establishing juvenile courts, homes, special homes and observation homes.
Whether the Supreme Court can direct District Judges to report the number of juveniles detained in regular jails and the status of institutional facilities.
Whether the Court can compel states to frame and enforce rules under Section 62 of the Juvenile Justice Act, 1986.
Whether the Court may order financial contributions from the Union and States to fund the monitoring scheme.

Legislation cited

Juvenile Justice Act, 1986s. 10, s. 11, s. 2(e), s. 2(h), s. 5, s. 62, s. 9

Subjects

Juvenile JusticeChild protectionDetention of juvenilesRegular jailsJuvenile courtsStatutory rulesSupreme Court directionsArticle 32Legal aid

Judgment

)_
A SUPREME COURT LEGAL AID COMMITTEE
v.
UNION OF INDIA & ORS.

MARCH 17, 1989
B
[RANGANATH MISRA AND M.N VENKATACHALIAH, H.) I
Juvenile Justice Act, 1986: Sections 2(e), 5, 9, JO, 11and62.
~
Juveniles detained in regular jails-Exact number-Determina- •
tion of-Setting up of juvenile courts-Establishment of-Juveniles
c homes-Special homes-Observation homes-Framing of statutory
rules-Directions of Supreme Court. y

Children-Need protective umbrella of society for better growth
and development-Responsibility of society-Paramount obligation of
those who are in charge of the governance of the country.
D
Pursuant to the directions made by the Supreme Court, with a
view to providing relief to delinquent children detained in jails, in 1986
the District Judges of the entire country supplied the particulars of
. -!-
under trial and convicted children found in regular jails within their
jurisdiction. With the passage of time and the coming into force of the
E
Juvenile Justice Act, 1986 it became necessary to get fresh detailed
reports for updating the information. ;..

The Supreme Court issued directions and,

HELD: 1. Children require the protective umbrella of society for >
better growth and development as they are not in a position to claim ~
F
their entitlement-to attention, growing up, food, education and the '
like. It is the responsibility of the society and is one of the paramount
obligations of those who are in charge of governance of the country
today to attend to the children to make them appropriate citizens of
tomorrow. [64A-BI
G -'I"
2. Every District Judge is directed to report to this Court the
figures as to the exact number of delinquent juveniles still detained in
regular jails and whether juvenile courts, juvenile homes, special homes
and observations homes as provied in the Juvenile Justice Act, 1986
have been established. [62H; 63AI
H

60
LEGAL AID COMMITfEE v. U.0.1. 61
)
2.1 A Senior Advocate of this Court is appointed as Commis-
A
sioner to visit the jails in the three Districts of the State of Bihar, viz.
Deogarh, Patna and Bhagalpur and collect the necessary particulars of
juvenile delinquents housed in t•10se jails and report to this Court. He
shall be provided all facilities by the State Government and shall also be
entitled to reimbursement of his expenses. [64H; 65A-B]
'"i B
3. Section 62 of the Juvenile Justice Act, 1986 empowers the State
). Government to make rules to carry out the purposes of the Act. The

. scheme of the Act is such that it cannot be properly enforced unless
appropriate rules are framed and brought into force. The District
Judges while making their reports shall also indicate whether rules have
been framed and whether such rules are already in force. Counsel for
the respective States are directed to inform this Court by written c
f Memorandum about the framing of rules and bringing them into force
in the-respective States. If such rules have not been framed in any
State, such State or States are directed to frame the same and bring
them into force without any further delay. [63C-E]
D
4. For facilitating tbe monitoring of the implementation of the
Juvenile Justice Act, 1986, a gronp of nominated advocates is entrusted
with the work of making a draft Scheme and placing it before the Court
-\·. for its consideration. [64D-E]

5. The Registry of this Conrt should have appropriate funds to E
meet the expenses from time to time. The Union of India is directed
-"- to deposit a sum of Rs.50,000 while each of the States of Bihar and
West Bengal and Uttar Pradesh is directed to deposit a sum of
Rs.15,000. [65B-C]

~ ORIGINAL JURISDICTION: Writ Petition (Criminal) No.
1451of1985.
F

(Under Article 32 of the Constitution of India.)

R.K. Jain and Yo,geshwar Prasad, R.K. Khanna, R.K. Bhatt and
·r.. Dalveer Bhandari for the Petitioner. G

V.C. Mahajan, Tapas Ray, A.S. Nambiar, S.B. Bhasme, Kapil
Sibal, R.B. Misra, A. Subhashini, Y.P. Rao, Ms. S. Janani, Ms.
Urmila Kapur, D.K. Sinha, J.R. Dass, P.K. Manohar, Ms. S. Vasude-
van, M. Veerappa, Uma Nath, R.K. Mehta, V. Krishnamurthy, A.S.
Bhasme, K.R. Nambiar, B.D Sharma, Kailash Vasudev, D.N. H
62 SUPREME COURT REPORTS 11989] 2 S.C.R.

Mukherjee, D. Goburdhan, Ms. Kamini Jaiswal, T. V.S.N. Chari,
A
Mahabir Singh, Probir Chowdhry, M.N. Shroff, A. Subba Rao, R.S.
Suri, G. Probhakar, K. Ram Kumar, S.K. Bhattacharya, L.R. Singh,
A.K. Sanghi, C.V. Subba Rao, R. Venkataramani, Salman Khurshid,
Gopal Singh, Mrs. Vimla Sinha and Mrs. H. Wahi for the Res-
pondents.
B
The following Order of the Court was delivered:

ORDER

This writ petition filed in 1985 has been heard on different
occasions and several ordes and directions have been made from time
c to time with a view to providing relief to delinquent children detained
in jails. On August 29, 1988, this Court made an order (1988 4 SCC
226) wherein some such directions have been excerpted and it is not
necessary to make any detailed reference to those directions now.

D In 1986 the District Judges of the entire country in response to
the directions made by this Court supplied, inter alia, the particulars of
under trial and convict\'d children found in regular jails within their
respective jurisdiction. On the basis of the said reports it was found
that in Assam, Bihar, Orissa, Punjab and West Bengal, the number of
such children in regular jails was 64, 247, 60, 63 and 437 respectively.
E There was no such child in any regular jail of Gujarat but in varying
numbers not exceeding 30 to 35 they were found in other States.
Thereafter some of the States have filed affidavits indicating release
from custody or transfer of such children from jails and have stated
that the position at present is very different and the number is either
nil or negligible.
F
With the lapse of two years' time'since such reporting was done
there is every likelihood of a change in that position. Even otherwise,
m the intervening period the Juvenile Justice Act, 53 of 1986,
(hereinafter referred to as the 'Act') has come into force in the whole
of the country excepting the State of Jammu & Kashmir with effect
G from 2.10.1987. The Act provides for setting up of juvenile homes,
special homes and observation homes by the State Governments.
Chapter IV provides for dealing with delinquent juveniles. In this
back-drop it is necessary to get fresh detailed reports from the District
Judges and update the figures as to the exact number of delinquent
juveniles, as defined ins. 2(a) of the Act, still detained in regular jails.
H At the same time it is necessary that a report as to whether juvenile
LEGAL AID COMMITIEE v. U.0.1. 63

courts as required under s. 5 of the Act have been set up and juvenile
A
homes, special homes and observation homes have been established as
required by ss. 9, 10, and 11 should be obtained. Every District Judge
is, therefore, directed by this order to report within 4 weeks from
today to the Registry of this Court through the Registrar of the
appropriate High Court as to the exact position obtaining on 28.2.1989
in regard to the particulars indicated above. We would like to place on . B
record that on the earlier occasion response to directions by this Court
had taken more than six months; repetitive adjournments had become

.. necessary and compliance was effected by indicating coercive steps.
We hope and trust there would be no repetition .

Section 62 of the Act empowers the State Governments to make
rules to carry out the purposes of the Act. The scheme of the Act is
c
such that it cannot be properly enforced unless apropriate rules are
framed and brought into force. Counsel appearing before us for the
different States are not in a position to make a definite statement that
the States they represent have framed rules and brought them into
force. We, therefore, direct that the District Judges while making their D
reports shall also indicate whether rules have been framed and
whether such rules are already in force. Counsel appearing before us
are also directed to inform the Registry by written memorandum about
the framing of rules and bringing them into force in the respective
States. If such rules have not been framed in any State, by Ibis order
we direct such State or States to frame the same on or before 7th of E
April, 1989 and to bring them into force without any further delay
thereafter.

Section 2(h) defines 'juvenile' to mean:

"a boy who has not attained the age of sixteen years or a F
girl who has not attained the age of eighteen years."

Official reports indicate that 35 to 40 per cent of the total population of
the country would be covered by the definition. As such about 30
crores of young boys and girls come within the purview of the Act.
1-. There can be no two opinions that these children of today are the G
citizens of tomorrow's India and the country's future would necessarily
depend upon their proper hygiene-physical and mental. The problem
is, therefore, gigantic; at the same time, there is demand for
immediate attention. Several counsel appearing before us have told us
and we agree with their submissions that unless the importance of the
matter is properly perceived and the response is adequate both in H
64 SUPREME COURT REPORTS [1989] 2 S.C.R.
~
regard to sufficiency of actions and inunediacy of attention, the
A
purpose of the Act cannot be fulfilled. Children require the protective
umbrella of society for better growth and development as they are not
in a position to claim their entitlement-to attention, growing up,
food, education and the like. It is the responsibility of the society and
is one of the paramount obligations of those who are in charge of
B governance of the country today to attend to the children to make y
them appropriate citizens of tomorrow. '
-\
We are of the view that in the setting indicated the matter
perhaps requires overseeing by the Court. For coordination between ~

the Union Government and the State Government and between
authorities within the State, at the initial stage and it would be in the
c interest of children that the matter is obverseen by this Court and y
when the machinery is properly geared the responsibility of overseeing
may be entrusted to the respective High Courts.

With a view to working out the modality and to make overseeing
D convenient, it is necessary that a scheme should be evolved. Counsel
appearing before us have suggested that a group of advocates should
be entrusted with the work of making a draft scheme and place
it before the Court for its consideration. We accordingly nominate
Messrs V.C. Mahajan, Yogeshwar Prasad, R.K. Jain, Tapas Roy and ~-
Mukul Mudgal who are advocates appearing for some of the States to

-
E draw up a scheme and file it in the Registry of the Court by 7th April,
1989.

As we pointed out earlier from the reports it has been found that
the number of children in regular jails were the highest in West Bengal
and Bihar. Mr. Tapas Roy representing the State of West Bengal relies ~

F upon an affidavit filed before this Court to contend that the position
has substantially changed subsequent to the reports and at present
...
'
perhaps the number of children in regular jails is either nil or very
small. He has personally undertaken to collect the particulars and
furnish the same by way of the memorandum to the Registry on or
before 7th of April, 1989. So far as the State of Bihar is concerned, Mr.
G Goburdhan is not in a position to make any statement. From the _\
analysis prepared based upon the report of the District Judges, it
appears that there were 27 children in the District Jail of Deogarh,
about 13 in the jails at Patna and 17 in the jails at Bhagalpur. We are of
the view that Mr. A.S. Mambiar, Sr. Advocate of this Court should be
appointed as Commissioner to visit these jails in the three districts of
H Bihar and collect the necessary particulars of juvenile delinquents
LEGAL AID COMMITIEE v. U.0.1. 65

}. housed in those jails and report to this Court on or before 7th of April, A
1989. He shall be provided all facilities by the State Government and
its officers as may be deemed reasonable and necessary for implement-
ing this direction. He shall also be entitled to reimbursement of his
expenses.

It becomes necessary that the Registry should have appropriate
B
funds to meet the expenses from time to time. We, therefore, direct
that the Union of India shall deposit a sum of Rs.50,000 while each of
the States of Bihar and West Bengal and Uttar Pradesh is directed to
.. deposit a sum of Rs.15,000. Such deposits shall be made on or before
15th of April, 1989. The expenses have of course to be met by all the
States but in due course an order directing other States to pay to the c
fund and final apportionment, if necessary, shall be ordered.

Notice be issued to the learned Attorney General to appear and
assist the Court in this proceeding.

The directions indicated above must be worked out within the D
time frame as we are fixing the case for further hearing at 2.00 P.M. on
24th of April, 1989.

.--1· . T.N.A .