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2024 Supreme(Online)(Supreme(Bom)) 6829

HIGH COURT OF BOMBAY
Nitin Jamdar, M.M. Sathaye, JJ
Bachpan Bachao Andolan – Appellant
Versus
The State of Maharashtra – Respondent
CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 108 OF 2021



Advocates:
For the Appellants/Petitioners: Mr.Pragyan Sharma, Mr.Tejesh Dande, Mr.Bharat Gadhavi, Ms.Taruna Panwar, Ms.Surabhi Katyal
For the Respondents: Mr.P.P.Kakade, Ms.R.A.Salunkhe, AGP, Mr.S.B.Kalel, AGP

The court highlighted the necessity for state authorities to fill key vacancies promptly to ensure effective implementation of children's rights legislation.

Headnote:(A) Juvenile Justice (Care and Protection of Children) Act, 2015 - Focus on inadequacies in state implementation of children's rights legislation; directives issued based on non-compliance with previous Supreme Court orders - Staffing shortages impede effective functioning of Maharashtra State Commission for Protection of Child Rights and District Child Protection Units. (Paras 6-7, 13-14)

(B) The State must ensure timely appointments in oversight bodies and fill vacancies to facilitate effective implementation of child welfare legislation and rights protection.

(C) Urgent action required to address staffing deficiencies, improve reporting mechanisms, and leverage technology for better child welfare management.

Findings of Court:
Systemic failures in child welfare and protection require immediate intervention to safeguard children's rights. (Paras 66-67)

Issues: Whether the state has complied with its obligations under the 2015 Act and previous Supreme Court directives.

Ratio Decidendi: The court emphasized the necessity of adequate staffing and effective protocols to fulfill statutory mandates for child protection. (

Result: Immediate directives issued for compliance.)

Table of Content
1. overview of juvenile legislation history. (Para 1 , 2 , 3 , 4 , 5)
2. supreme court directions on juvenile justice system. (Para 6 , 7)
3. non-compliance with earlier supreme court directives. (Para 8 , 9 , 10)
4. state commission's role in child protection. (Para 11 , 12 , 13 , 14)
5. need for staffing in state commission. (Para 15 , 16 , 17)
6. issues regarding vacancy and operational continuity. (Para 18 , 19)
7. annual report necessity for child welfare information. (Para 20 , 21 , 22)
8. child protection units and their roles. (Para 23 , 24)
9. importance and function of child protection society. (Para 25 , 26)
10. challenges faced by child protection bodies. (Para 27 , 28 , 29)
11. juvenile justice boards' operational needs. (Para 31 , 32 , 33 , 34)
12. child welfare committees' guidelines and functions. (Para 35 , 36 , 37 , 38)
13. pending cases and measures to expedite resolutions. (Para 39 , 40)
14. role of probation officers in juvenile justice. (Para 41 , 42 , 43)
15. integration of technology in child welfare. (Para 44 , 45)
16. need for special juvenile police units. (Para 46 , 47)
17. evaluation and assessment of child care institutions. (Para 48 , 49)
18. management committees' importance in child welfare. (Para 50 , 51 , 52)
19. shortcomings of child care institutions. (Para 53 , 54)
20. legal services authority's contributions to rehabilitation. (Para 55 , 56)
21. protocol for rehabilitation challenges. (Para 57 , 58 , 59)
22. social investigation and care planning. (Para 60 , 61)
23. rehabilitation cards and social audit importance. (Para 62 , 63 , 64)
24. summary of child's rights protection. (Para 65 , 66)
25. court's directives for child welfare compliance. (Para 67 , 68 , 69 , 70)

JUDGMENT: (Per Nitin Jamdar, J.)

Rule. Rule made returnable forthwith. Respondents waive service. Taken up for disposal.

2. Bachpan Bachao Andolan, the Petitioner, is a non- governmental organization working for the protection and advocacy of children's rights. The founder of this organization was conferred the Nobel Peace Prize for their contribution to safeguarding the rights and well-being of children. The Respondents are the authorities representing the State of Maharashtra. The focus of this petition is on the inadequacies and deficiencies in the efforts of the State of Maharashtra to implement legislation about the rights of children and the orders passed by the Hon'ble Supreme Court. The Petitioners highlighting these shortcomings seek directions to enhance the State's efforts in this domain.

History of legislation

3. To place the subject matter in context a brief overview of the backdrop to the Juvenile Justice (Care and Protection of Children) Act, 2015 would be useful. A report published by the Tata Institute of Social Science commissioned by the State of Maharashtra provides a comprehensive background on the development of the legislative framework related to the subject. In British India, the Apprentice Act of 1850 marked the initial legislative effort to address juvenile delinquency. This Act empowered the courts to consider children engaged in minor offences as apprentices rather than resorting to imprisonment. Subsequently, the Reformatory School Act of 1897 allowed for the redirection of children sentenced to imprisonment to reformatory schools. The Criminal Procedure Act of 1898 then introduced specialized procedures for juvenile offenders. Madras, Bengal, and Bombay provinces enacted their Children Acts in 1920, 1922, and 1924, respectively. The Borstal Schools Act, established in 1929, aimed at detecting, training, and treating adolescent offenders, with the first Borstal School established in Punjab in 1912. The Constitution of India specifies the obligation of the State towards children, guaranteeing their rights and protection. Specific provisions for children include free and compulsory education between ages 6 and 14 (Article 21A) and the prohibition of children's employment in hazardous occupations (Article 24)

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