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2013 Supreme(P&H) 361

A.K.Sikri, Rakesh Kumar Jain
Court on its own motion – Appellant
Versus
State of Punjab – Respondent


Advocates:
Present:Mr.Hemant Goswami, petitioner in CWP-2693-2010 in person, Mr.H.C. Arora, Advocate/Amicus Curiae Mr.Anil Malhotra, Advocate for petitioner in CWP-13137-2012 and for respondent No.3 in CWP-2693-2010.
Mr.O.S. Batalvi, Special Senior Standing Counsel with Mrs. Kamla Malik, Advocate for Union of India.
Mr.J.S. Puri, Addl. Advocate General, Punjab.
Mr.B.S. Rana, Addl. Advocate General, Haryana.
Mr.Sanjay Kaushal, Standing Counsel for U.T., Chandigarh.

JUDGMENT

Mr. A.K. SIKRI, C.J.:- The children in any society, being the most voiceless and defenceless group, require special attention for protection of their human rights. It is indeed the duty of the society at large, including the legal and judicial authorities, to protect those who are helpless to protect themselves, and this is especially true of children. The controversy raked up through the present petitions also relates to the rights of the children.

2. In the year 2009, this Court had taken suo motu cognizance of the issue raised in CWP-9968-2009 pertaining to the proper and effective implementation of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as ‘the J.J. Act’). The trigger point was the two news items, one dated 18.6.2009 and the other dated 19.6.2009 depicting appalling conditions of the Children Homes run by the Department of Women and Children and the Observation Homes run by the Department of Social Security. Taking cognizance of these two news items the Vacation Judge passed orders dated June 20, 2009 directing the Sessions Judge of the area where these Children Homes and Observation Homes are run, to








































































































































































































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