IMPORTANT POINT
The Bombay Children Act, 1948 has stood repealed on coming into force of the Juvenile Justice Act, 1986.

JUDGMENT

D.R. Dhanuka, J. - On 1st August, 1990 this Hon'ble Court issued a notice to the learned Advocate General of Maharashtra seeking his assistance to determine the question as to whether the Bombay Children Act, 1948 has stood repealed on coming into force of the Juvenile Justice Act 1986. This question is now being determined after hearing submissions of the learned Advocate General and all the learned Counsel appearing for the petitioner.

2. For the purpose of consideration of the above question, it is necessary to refer to the legislative history of the two Acts and, briefly, to their respective provisions.

3. On 1st December, 1986 the Juvenile Justice Act, 1986 (Act No. 53 of 1986) received the assent of the President. The said Act is a Parliamentary Statute enacted to provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles.

4. On 13th day of August, 1987 the Central Government issued its Notification bearing No. G.S.R. 710 (E) in exercise of the powers conferred on it under sub-section (1) of section 1 of above referred Act appointed 2nd of October, 1987 the date of Birthday of Mahatma Gandhi, the father of the Nation, as the date on which all the provisions of the said Act would come into force in all the States except the State of Jammu and Kashmir. Section 63 of the said Act provided that if immediately before the date on which the above referred Central Act comes into force in any State there was in force in that State any law corresponding to this Central Act, that State law stand repealed on the appointed date. Proviso to section 63 of the Central Act is not relevant for our purposes as by the said proviso it was merely provided that such repeal shall not affect the previous operation of any law so repealed or any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed. The only question which would therefore arise for my consideration is as to whether the Bombay Children Act, 1948 is a law corresponding to the Juvenile Justice Act, 1986. If the Bombay Children Act, 1948 is a corresponding law, then it stands repealed with effect from 2nd October 1987.

5. Prior to coming into force of the above referred Central Act, several Children Acts were in force in different States. In our State the Bombay Children Act, being Act No. LXXI of 1984, was in force. Similar Acts were in force in other States. On 26th December, 1960 our Parliament enacted the Children Act, 1960 to deal with same subject for the Union Territories. It was observed by the Hon'ble Supreme Court in its judgment in the case of Sheela Barse and another. v. Union of India and others1:

"... instead of each State having its own Children’s Act different in procedure and content from the Children’s Act in other States, it would be desirable if the Central Government initiates Parliamentary Legislation on the subject, so that there is complete uniformity in regard to the various provisions relating to children in the entire territory of the country"

In the Statement of Objects and Reasons appended to bill No. 103 of 1986 pertaining to the Act under consideration it was specifically stated that the above learned Act would replace the corresponding law on the subject such as the Children Act, 1960 and other State laws on the subject. The above-referred Central Act No. 53 of 1986 was enacted with a very noble object to bring the operation of the juvenile justice system in the country in conformity with the United Nations Standard Minimum Rule for the Administration of Juvenile Justice and to develop appropriate linkage and co-ordination between the formal system of juvenile justice and voluntary agencies engaged in the welfare of the children. It is therefore obvious that the intention of the Parliament was that on Act No. 53 of 1986 coming into force, all the State