The central legal point established in the judgment is the obligation of the State Government to implement the Juvenile Justice Act, 2000, and provide proper care, protection, and treatment for juveniles in conflict with the law and children in need of care and protection.

Ravi S.Dhavan, J.

1. Nothing worth the name has been done by the State Government to implement the Juvenile Justices Act, 2000, which is a re-enacted Act. Even the Rules which were contemplated under the 1986 Act were not framed by the State of Bihar all through the 14 years of the life of the 1986 Act. sec. 68 of the 2000 Act, obliged the State of Bihar to frame the Rules. Nothing has been done under the new Act either.

2. Learned Counsel on behalf of the State has been instructed to State that files apparently are shuttling between the Social Welfare Department, Law Department and the Advocate Genreala Secretariat. This will not work the Act. Much more has to be done to place the machinery under this Act. If the State Government only reads the Statement of Objects and Reasons on the content of planning to make this Act functional, then, it will be well advised to see the Statement of Objects reporduced below:

"An Act to consolidate and amend the law relating to juveniles in conflicts with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this enactment"

3. The statement of objects and reasons of the 1986 Act are also relevant. They read :

"A review of the working of the existing Children Acts would indicate that much greater attention is required to be given to children who may be found in situations of social maladjustment, delinquency or neglect. The justice system as available for adults is not considered suitable for being applied to juvenile. It is also necessary that a uniform juvenile justice system should be available throughout the contrary which should make adequate provision for dealing with all aspects in the changing social, cultural and economic situation in the country. There is also need for larger involvement of informal systems and community based welfare agencies in the care, protection, treatment, development and rehabilitation of such juveniles."

4. The content of the subject on which rules have to be framed under the 2000 Act, are given in sec. 68 :

"Power to make rules.--(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely : (i) the term of office of the members of the Board and the manner in which such member may resign under Sub-sec. (4) of sec. 4;

(ii) the time of the meetings of the Board and the rules of procedure in regard to the transaction of business at its meeting under Sub-sec. (1) of sec. 5;

(iii) the management of observation homes including the standards and various types of services to be provided by them and the circumstances in which and the manner in which, the certification of the observation home may be granted or withdrawn and such other matters as are referred to in Section 8;

(iv) the management of special homes including the standards and various types of services to be provided by them and the circumstances in which and manner in which, the certification of the special home may be granted or withdrawn and such other matters as are referred to in sec. 9;

(v) persons by whom any juvenile in conflict with law may be produced before the Board and the manner of sending such juvenile to an observation home under Sub-sec. (2) of sec. 10;

(vi) matters relating to removal of disqualifications attaching to conviction of a juvenile u/s. 19;

(vii) the qualifications of the Chairperson and members and the tenure for which they may be appointed under Sub-sec. (3) of sec. 29;

(viii) the time of the meetings of the Committee and the rules of procedure in regard to the tra