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1990 Supreme(Pat) 143

HIGH COURT OF PATNA
S.S. HASAN & S.H.S. ABIDI, JJ.
Sanat Kumar Sinha – Petitioner
Versus
State of Bihar through Chief Secretary & others – Respondents
C.W.J.C. No. 182 of 1988
Decided On: 5.4.1990

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ashok Priyadarshi.
For the State: M/s J.N. Pandey, A.A.G. & M.A. Rahmani, S.C. III.

Headnote:Constitution of India–Article 21 and Sections 9, 10 and 11 of Juvenile Justice Act 1986 – "Homes" meant for lodging juveniles in bad shape–Government should construct its own buildings–till such time the buildings in which such "Homes" are situated must be renovated/repaired within 4 months.

       [Para 11 (i)]

       Bihar Juvenile Justice Rules, 1987–Rules 43, 44 and 46–conduct of Matrons, Superintendents, Class III and IV employees posted in "Homes" should be kept under strict surveillances and should be subjected to frequent transfers to avoid misuse of position by them–unnecessary staff should be removed and persons dedicated to public service should be posted.

       [Para 11 (ii)]

       Bihar Juvenile Justice Rules, 1987–Rule 19–Civil Surgeons/Assistant Civil Surgeons should visit the institution every 2 weeks–Government advised to post one Assistant Civil, Surgeon for each institution–all necessary medicines to be provided when required–Civil Surgeons to be personally responsible for observance of these instructions.

       [Para 11 (iv)]

       Bihar Juvenile Justice Rules, 1987–Rules 15 and 16–adequate food and clothing is to be provided to the inmates forthwith.

       [Para 11 (v)]

       Juvenile Justice Act, 1986–Sections 9, 10 11 and 16–"Homes" established, under the Act to have the facilities equivalent to a "A" class prison.

       (Para 11)

       Constitution of India–Article 21–the State should provide and reserve jobs for the orphans according to their qualifications–female inmates wanting to settle down as house wife should be married to suitable persons with prior permission of Courts.

       (Para 11)

       Juvenile Justice Act, 1986–Section 27(3)–cases of juveniles to be decided expeditiously and in accordance to the Statutes. 1989 PLJR 1024, 1988 PLJR 93 (SC), (1986) 4 SCC 106–Followed.

       [Para 11 (viii)]

       

JUDGMENT

S. SHAMSUL HASAN, J.

1. This application was filed by a public spirited individual who desires to invoke the jurisdiction of this Court for trying to ameliorate the appalling condition of the various institutions for women and children which have been established by the Government of Bihar in the Welfare Department. To these homes are consigned the unfortunates–both women and children–due to the vagaries of misfortunes that befall them in their journey of life. This Court by an order dated 20-3-1989 had constituted a committee consisting of the Registrar (Judicial) of the High Court, the Additional Advocate General Mr. Jagdish Pandey, Mr. Ram Suresh Roy, Advocate, Mr. Ashok Priyadarshi, Advocate and Mr. Lala Kailash Bihari Prasad. Advocate. This committee was directed by this Court to visit the institutions concerned and submit its reports. We had also directed the Welfare Department to provide adequate funds and facilities to enable the Committee to perform its self–imposed and voluntary public duty at great personal sacrifice which we commend and record our appreciation. Although money was provided, though not very easily, little was done by way of providing basic comforts, like boarding and lodging, in Government accommodations. In spite of this, the team went through its arduous tasks and had consequently produced reports in relation to the following institutions:–

Name of the Institutions Kept at flag

(H. C. File)

1. Senior Remand Home for Boys at Patna. 'A'

2. After Care Home for women Patna. 'B'

3. Remand Home at Muzaffarpur. 'H'

4. Remand Home at Hazaribagh. 'Q'

5. Remand Home at Bettiah 'W'

6. Remand Home (Observation Home) Darbhanga. 80'

7. Reports re. two Homes for children & girls, Gaya. 85'

8. After Care Home for Women, Patna (Surprise visit) 95'

9. Remand Home at Deoghar 96'

10. Remand Home at Bhagalpur 97'

11. Remand Home at Munger 98'

12. Remand Home at Dumka 99'

13. Report of the Registrar, Patna High Court in 100'

regard to After Care Home at Patna in pursuance

of the order of this Court dated 8.2.1990

14. Special Home at Ranchi 110'

15. Special Home at Chaibasa 111'

16. Juvenile Home, Katihar 112'

17. Special Home, Dhanbad 113'

2. Since the dawn of civilisation, women have always been subject of varied interest of men and the society. They have also been subjected to multifaceted treatment at all times. Women have been worshipped, adored, respected, honoured, loved, cared for and subjected to tender care but the same woman, at the same time, has been subjected to ill-treatment, humiliation, degradation, hatred and even harmed physically and mentally after facing inhuman treatment. They have been, in the process, treated like transferable commodities on sale for whom bargains were struck in favour of die bard flesh traders. Now, however, social and human rights imperatives require that a woman be endowed with unflinching attention, care, honour, affection and kindness and given proper status in a society of male chauvinism. Our Constitution, the Government of this Country, the Governments all over the world and the international community and organisations have laid great stress on the rights of a woman and have always striven to provide her with her rightful place in the society being equal to that of a man in all social, cultural, political and commercial spheres. Flesh trade in woman and the institution as old as the time itself, is now abhored and an all–out crusade has been launched everywhere to prevent and eradicate it. Opportunities are being created for women to move and exist side by side with men in varied fields all over the world.

3. Similarly, children have also been receiving the greatest attention by the world community in general and the Government of this country in particular. There is an all– out endeavour to ensure that children arc no longer subjected to the treatment meted out to them by Fagins of























































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