ORDER :— This writ petition filed in 1985 has been heard on different occasions and several orders and directions have been made from time 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.

2. 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 convicted 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. There was no such child in any regular jail of Gujarat but a 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.

3. With the lapse of two years time since such reporting was done there is every likelihood of a change in that position. Even otherwise, in the intervening period the Juvenile Justice Act, 53 of 1985, (hereafter referred to as the Act) has come into force in the whole of the country excepting the State of Jammu & Kashmir with effect from 2-10-1987. The Act provides for setting up of, juvenile homes, special homes and observation homes by the State Government. 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 in S. 2(e) of the Act, still detained in regular jails. At the same time it is necessary that a report as to whether Juvenile Courts as required under S. 5 of the Act have been set up and juvenile 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 record that on the earlier occasion response to directions by this Court had taken more than six months; repetitive adjournment had become necessary and compliance was effected by indicating coercive steps. We hope and trust there would be no repetition.

4. 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 such that it cannot be properly enforced unless appropriate 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 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 this order we direct such State or States to frame the same on or before 7th of April, 1989 and to bring them into force without any further delay thereafter.

5. Section 2(h) defines juvenile to mean

"a boy who has not attained the age of sixteen years or a 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 def