PATNA HIGH COURT
R.M.Lodha and Kishore K.Mandal JJ.
Matter Of Letter Of Sanat Kumar Sinha (Chief Co-ordinator), Bal Sakha
Versus
State Of Bihar Through The Chief Secretary, Govt.Of Bihar
Civil Writ Jurisdiction Case No. 9627 of 2008
Decided On : DECEMBER 10, 2008
1. This writ petition has been registered on the basis of a letter dated 7.06.2008 by the Non-Governmental Organization called "BAL SAKHA". In that letter, "BAL SAKHA", principally raised the grievance that a child of Jamui under Chandramandi Police Station, District - Jamui during his transit from the Police Station to the Civil Court for his appearance before the Chief Judicial Magistrate, was handcuffed by the policemen in uniform. This grievance is founded on a report that appeared in "Dainik Jagran", a Hindi daily Newspaper dated 4th June, 2008. It is stated that the newspaper ignored Sec. 21 of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, JJ Act) by disclosing the identity of the child.
2. "BAL SAKHA" also informed in the letter that there has been frequent violation of Human Rights of the juveniles and the authorities in the State have not been following the JJ Act and the decisions of the Supreme Court.
3. A notice has been issued to the State government through the Chief Secretary, Government of Bihar; the Director General of Police, Government of Bihar,; the Principal Secretary, Social Welfare Department, Government of Bihar,; the Director Social Welfare Department, Government of Bihar,; the District Magistrate, Jamui; and the Superintendent of Police, Jamui.
4. On behalf of the Superintendent of Police, Jamui a counter affidavit has been filed on 4th September, 2008. The Director, Social Welfare Department filed her counter affidavit on 22nd October, 2008. Yet another supplementary counter affidavit has been filed on behalf of the Director, Social Welfare Department, on 24th November, 2008.
5. JJ Act came to be enacted to consolidate and amend the law relating to juveniles by providing for proper care, protection and child friendly approach in the adjudication and disposition of matters in the best interest of children and their rehabilitation. It is a social welfare legislation to ensure that Juveniles human rights are protected and that delinquent juveniles derive benefit of its provision. It needs no emphasis that all steps need to be taken by the State government to ensure its full implementation.
6. Adverting first to the aspect of implementation of the provisions of the JJ Act in the State of Bihar, it transpires that in exercise of the powers conferred by Sec. 68 of the JJ Act, the Bihar Government has notified Bihar Juvenile Justice (Care & Protection of Children Rules, 2003 (for short, Rule 2003). However, it seems that consequent upon amendment in JJ Act in the year, 2006, the new rules have not yet been framed although it is stated that the process of drafting new rules has been initiated and the committee has been formed. For achieving the objects of the JJ Act, it is necessary that the State government frames the new rules as contemplated u/s. 68 after amendment in JJ Act (vide Amendment Act, 2006). If the process of drafting new rules pursuant to the Amendment Act, 2006 has already started, as stated in the counter affidavit filed on behalf of respondent No. 4, then such process must be taken to logical conclusion without unnecessary delay.
7. Mr. Narendra Kishore Sinha, Additional Advocate General - X submits that within two months from today, the new rules shall be in place. We accept his statement.
8. For effective implementation of the JJ Act and to achieve its objective, the constitution of diverse Boards, Committees as well as construction of Observation Homes, Special Homes, Children Homes, Shelter Homes, After Care Homes etc., are important. Quite a few steps concerning Juvenile Justice Board, Child Welfare Committee, Observation Homes, Special Homes, After Care Organizations seem to have been taken by the State government but still many things remain to be done.
9. Mr. Narendra Kishore Sinha, Additional Advocate General - X submits that thirty eight Juvenile Justice Boards for all thirty eight districts have been sanctioned; thirty two Juvenile Justice Boar
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