The main legal point established is the need for proper Rules under the Juvenile Justice Act to address issues related to the protection and care of children in conflict with the law and in need of care and protection.

K. Chandru, J.

Heard the arguments of Mrs. D. Geetha, learned counsel for the petitioners and Mr. M. Dhandapani, learned Special Government Pleader representing the respondents and perused the records.

2. In W.P. No. 36778 of 2005, the writ petition is filed by one Advocate seeking for a direction to the Child Welfare Committee at Chennai to initiate legal action under the Code of Criminal Procedure against the perpetrators of violence against those children who are produced before the Child Welfare Committee and also to provide assistance of an Advocate to the children who are produced before the Child Welfare Committee in Tamil Nadu.

3. In her affidavit, she had stated that a 13 years old girl, by name, Priyanka was sexually abused by her father for over 7 years. The girls father also took her to an Internet Cafe to watch pornographic pictures. This made her to run away from the house and she was rescued by the Child Welfare Committee at Erode and committed to appear before the Chennai Committee. A complaint was given to the third respondent. As no action was taken, the issue was represented before the Committee comprising of three members. When they made a representation on behalf of the child, it was stated that the Committee can permit representation by legal counsel only to prisoners and not to children in need of care and protection and it does not encourage the lawyers meeting the children kept under their custody. It was also stated that similar experience was gained before several other Child Welfare Committees in Tamil Nadu. Therefore, after referring to the Rules framed under Juvenile Justice (Care and Protection) Act, 2000, the petitioner found that the said Rules were lacking to cover the areas and are not in tune with the requirements mandated by the Act. Therefore, she prayed that the Rules must be made in tune with the provisions of the Cr.P.C. and the Rules must provide for the following:-

1. To register a complaint as and when cases of child abuse is reported before the Child Welfare Committee

2. To provide the assistance of a lawyer and a social worker to the victim of child abuse as per the the guidelines of the Supreme Court in Delhi Domestic Working Womens Forum – Vs – Union of India and others [1995 (1) SCC 14]

3. To permit the lawyers to have interviews with the children coming under the purview of Juvenile Justice System whether as children in need of care and protection or children in conflict with law.

4. This Court, by an order dated 111. 2005, directed an Advocate of this Court to interview the victim girl Priyanka and also to make a report to this Court. Subsequently, by an order dated 211. 2005, this Court formed a Committee and paragraph 5 of the said order may be reproduced:-

"By consent of the parties, we constitute a Committee consisting of the Secretary, Social Welfare Department, Government of Tamil Nadu, Director, Social Defence, Mrs. Andal Damodaran, General Secretary, Indian Council for Child Welfare, Mr. R. Muthukumaraswamy, Additional Advocate General, Smt. Geetha Ramaseshan, Advocate, and Mrs. D. Geetha, Advocate. The Secretary, Social Welfare Department, Government of Tamil Nadu, shall be the convener of the Committee. The Committee shall submit a representation to this Court within a period of eight weeks."

5. Pursuant to the direction, a meeting was held on 012. 2005. Thereafter, two consultative meetings were held on 112. 2005 and 212. 2005 with experts in the field. Finally, on 01.02.2006, the Committee met and finalised the draft Rules and the same was circulated to this Court along with the report of the Committee. Copies of the draft rules were furnished to counsel for both sides.

6. Even when this proceedings are pending, another Advocate by name, S. Anbazhagan filed a writ petition being W.P. No. 23407 of 2007 stating that four juveniles, who were arrested in Crime No. 3304 of 2007 on 26. 2007, were remanded to judicial custody and to be kept in Central Prison, Ti