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REPORTABLE  

 IN THE SUPREME COURT OF INDIA  

CIVIL ORIGINAL JURISDICTION  

WRIT PETITION (CIVIL) NO. 473 OF 2005  

 Sampurna Behura             ....Petitioner   

   Versus  

  Union of India & Ors.                     ....Respondents  

J U D G M E N T  

 Madan B. Lokur, J.  

1. What can a citizen do if the State pays no attention to his or  

her fundamental or human or statutory right, nor takes serious  

interest in fulfilling its constitutional or statutory obligations?  

What if that citizen is a voiceless child or someone whose voice  

cannot be heard over the din of governance – for example,  

physically or mentally challenged persons, senior citizens, and  

other disadvantaged sections of society such as scheduled castes,  

tribals and several others? The aggrieved would perhaps approach  

the judiciary (if he or she could and as a last resort) for the  

enforcement of a human right. Should the judiciary take corrective

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steps and be accused of ‗judicial activism‘ or overreach – or should  

the cynics and skeptics have their day resulting in the grievance of  

the voiceless and the disadvantaged remaining unheard and the  

fundamental and human rights lying unaddressed?   

2. These questions arise in the context of the virtual  

non-implementation or tardy implementation of laws beneficial to  

voiceless (and sometimes silenced) children, particularly, the  

Juvenile Justice (Care and Protection of Children) Act, 2000 (the  

Act of 2000) and the Juvenile Justice (Care and Protection of  

Children) Act, 2015 (the JJ Act).  We record and acknowledge our  

appreciation for the efforts of Sampurna Behura in highlighting  

some of these issues by way of a Public Interest Litigation and to  

learned counsel for the appearing parties in rendering assistance  

enabling us to address some of these issues by not making these  

proceedings adversarial, but a constructive effort for the benefit of  

the children of our country. No one has any doubt that it is time for  

the State to strongly and proactively acknowledge that even  

children in our country have fundamental rights and human rights  

and they need to be enforced equally strongly.   

3. If Nelson Mandela is to be believed, ―Our children are our  

greatest treasure. They are our future. Those who abuse them tear at

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the fabric of our society and weaken our nation.‖ 1  Our policy and  

decision makers need to heed this advice and warning and  

appreciate that they are not doing any favour to the children of our  

country by caring for them – it is their constitutional obligation and  

the social justice laws enacted by Parliament need to be effectively  

and meaningfully enforced.  

Background and Chief Justices Conferences  

4. In a prescient understanding of child rights, the Chief Justices‘  

 Conference held in 2006 (presided by the Chief Justice of India  

 with participation by the Chief Justice of every High Court) the  

 following  resolution was passed:  

―a) That High Courts will impress upon the State  

Governments to set up Juvenile Justice Boards, wherever  

not set-up. The Chief Justices may nominate a High Court  

Judge to oversee the condition and functioning of the  

remand/observation homes established under the Juvenile  

Justice (Care and Protection of Children) Act, 2000.  

b) The Chief Justices of the High Courts will expedite the  

matter with the respective State Governments for setting  

up of Juvenile Justice Boards, wherever they have not yet  

been set up.  

c) The Chief Justices of the High Courts will nominate a  

Judge to make periodical visits to Juvenile Homes,  

wherever set up, and the learned Judge may suggest  

remedial measures for the betterment of the conditions of  

the juvenile homes and inmates.‖  

                                                        1  Address by President Nelson Mandela at National Men's March, Pretoria on 22 November 1997

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5. The above resolution was passed almost six years after the Act  

of 2000 came into force – meaning thereby that even about six  

years after Parliament enacted a law for the benefit of children, the  

State Governments had not taken steps to fulfill one basic  

requirement of the law, that is, to set up Juvenile Justice Boards.  

6. In 2009 the Chief Justices‘ Conference discussed the progress  

made in setting-up of Juvenile Justice Boards and the resolution  

passed in the Conference in 2006 was reiterated indicating that  

little or no progress had still been made by the State Governments  

in setting up Juvenile Justice Boards. So, almost a decade had gone  

by without compliance by the State Governments of a basic  

statutory obligation laid down by Parliament.  

7. In 2013 the issue of strengthening the juvenile justice system  

was again discussed at the Chief Justices‘ Conference and the  

resolutions passed in 2006 and 2009 were reiterated. In addition,  

the mandate of setting up Child Welfare Committees in all districts  

was also emphasized to meet the requirements of children in need  

of care and protection and to give full effect to the provisions of  

the Act of 2000. It was the further resolved:  

―It was further resolved that Juvenile Justice Committees,  

as had been set up in the Delhi High Court, under the  

guidance of the Chief Justice and senior judges and others  

concerned with the welfare of juveniles and the working

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of the Juvenile Justice (Care and Protection of Children)  

Act, 2000, be set up in all the High Courts to monitor the  

implementation of the provisions of the Act in their true  

spirit.  

It was noticed that the State Governments had not taken  

serious steps to establish and set-up the various Homes,  

referred to in the Juvenile Justice (Care and Protection of  

Children) Act, 2000, as amended in 2006 and the Juvenile  

Justice (Care and Protection of Children) Rules, 2007. It  

was noticed that the conditions in the Remand/  

Observation Homes and Shelter Homes are not up to the  

standard and a lot of improvement was required to make  

these facilities meaningful, as envisaged under the above  

Act and Rules. It was also noticed that After-care Homes  

for adolescents passing into adulthood and, in particular  

girls, have not been taken up seriously by the concerned  

Authorities. The Chief Justices shall take up the matter  

with the State Governments for improving the conditions  

of the various Homes, referred to in the above Act and the  

Rules, and to provide for permanent staff to run the said  

establishments, as it was reported by some of the Chief  

Justices that many of the employees of the Homes had  

been working on an ad-hoc basis, even for as many as  

fifteen years. The Chief Justices were requested to take up  

the matter with the State Authorities to ensure that  

services of such persons, who have been working on  

ad-hoc basis, are regularised, if necessary, by creation of  

posts.   

Particular notice was taken of the fact that the provisions  

of the Juvenile Justice (Care and Protection of Children)  

Act, 2000, had not yet been implemented in the State of  

Jammu and Kashmir.‖  

8. In 2015 the issue of strengthening the juvenile justice system  

was once again discussed at the Chief Justices‘ Conference and the  

following resolution passed:   

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―Resolved that the High Courts shall continue to take all  

steps necessary, including evolving ways to ensure greater  

sensitivity, to effectively deal with cases in the field of  

Juvenile Justice in their respective States. The High  

Courts should ensure that constitution of Juvenile Justice  

Boards and Child Welfare Committees are in place, that  

visits are regularly made to the Juvenile Homes, Special  

Homes, Observation Homes, Shelter Homes and Rescue  

Centres etc. and that such homes are set up wherever they  

have not already been set up. It shall also be ensured that  

the requisite facilities are provided as per the Standards,  

Rules, Policies and Guidelines in all such Homes/Centres.  

The assistance of State Legal Services Authorities and  

District Legal Services Authorities shall also be taken in  

this regard.‖    

9. Finally, in 2016 at the Chief Justices‘ Conference the  

following resolution was passed:  

―The Conference has noted the necessity for ensuring  

institutional support for juveniles in conflict of law and  

children in need of care and protection.   

Resolved that:    

(i)  cases pending for a period in excess of one year be  

disposed of on priority by the JJBs;   

(ii)  Juvenile Justice Committees of the High Courts  

shall monitor the pendency and disposal of adoption cases  

and applications for declaring children free for adoption on  

a priority basis;  

(iii) steps be taken to ensure that every district is  

equipped with a Child Protection Unit, Special Juvenile  

Police Unit, Observation Homes and Children Homes;   

(iv) pending cases of orphaned, abandoned and  

surrendered children be monitored by the Juvenile Justice  

Committees of High Courts;  

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(v)   training and refresher training be imparted to  

judicial officers;   

(vi) vacancies in juvenile justice institutions be filled up  

on a mission mode basis in three months; and   

(vii) State Legal Services Authorities should actively  

discharge their role.‖  

10.   At this stage, it may be mentioned that pursuant to the  

resolutions passed in the Chief Justices‘ Conferences, every High  

Court has constituted a Juvenile Justice Committee headed by a  

judge of the High Court to take stock of and look into issues  

concerning children. We may note that every High Court has  

responded more than positively and each Juvenile Justice  

Committee has brought about some improvements in the living  

conditions in Homes and in the well-being and lives of many  

children.   

11.  Appreciating that the judiciary has a constitutional obligation  

to ensure that everybody acts in the best interests of the child, the  

Chief Justice of India set up a Committee in the Supreme Court to  

address the issues of effective implementation of the Act of 2000 –  

such is the importance given by the judiciary to the rights of  

children.  

12.  Notwithstanding nudging by the judiciary, judicial ‗activism‘

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and criticism of it, over the last decade or so, State Governments  

and Union Territories have not fully complied with the provisions  

of a law solemnly enacted by Parliament for the benefit of children.  

In many instances, only cosmetic changes have been introduced at  

the ground level with the result that voiceless children continue to  

be subjects of official apathy. However, it must be acknowledged  

that the Union of India through the Ministry of Women and Child  

Development (for short MWCD) has taken some bold steps in  

recognizing the rights of the children and giving them some  

importance. Nevertheless, the overall picture relating to the  

recognition of the rights of children and their realization is far from  

satisfactory and remains gloomy as we continue to trudge along the  

long and winding road.   

Writ petition in Public Interest  

13. Sampurna Behura, the petitioner before us, has done her  

Masters in Sociology and was pursuing her Doctoral Thesis in the  

same subject at the relevant time. She has been involved in  

handling cases of child sexual abuse, street children and working  

children and has also undertaken various studies on child rights.   

14. Concerned with the plight of children in the country,  

Sampurna Behura filed a writ petition under Article 32 of the

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Constitution drawing attention to several Articles of the  

Constitution which impose primary responsibility on the State to  

ensure that the needs of children are met and their basic human  

rights are protected. The Articles in the Constitution referred to by  

her include those in the Chapter on Directive Principles of State  

Policy. She has also drawn attention to the Convention on the  

Rights of the Child adopted by the General Assembly of the United  

Nations on 20 th

November, 1989.  The Convention, to which  

India is a signatory, emphasizes inter alia, securing the best  

interests of the child, social reintegration of child victims etc.   

15. She has also stated in the writ petition that the Act of 2000  

was passed by Parliament bearing in mind various standards  

prescribed in the Convention on the Rights of the Child, the United  

Nations Standard Minimum Rules for the Administration of  

Juvenile Justice, 1985 (the Beijing Rules), the United Nations  

Rules for the Protection of Juveniles Deprived of their Liberty,  

1990 and other relevant international instruments.   

16. The main burden of the writ petition is the failure of State  

Governments to implement various provisions of the Act of 2000  

including, inter alia, the establishment of Child Welfare  

Committees, Juvenile Justice Boards, Special Juvenile Police Units,

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establishment of appropriate Homes for children in need of care  

and protection, improving the living conditions of juveniles in  

conflict with law, medical facilities for children in the custody of  

the State and several other human rights issues. It is on these broad  

facts and averments that relief was prayed for in public interest.  

17. The writ petition also drew attention to surveys and researches  

conducted in 2004-2005 in various States but it is not necessary to  

refer to them in any great detail, notwithstanding their significance  

and importance, since they might have lost immediate relevance  

with the passage of time.   

18. The prayer in the Public Interest Litigation is to the effect that  

the Chief Secretaries and the Directors General of Police and  

Superintendents of Police of all the States should forthwith  

implement the Act of 2000 in its true spirit.  

19. There is also a prayer that all respondent States be directed to  

provide basic amenities like nutritious food, proper and hygienic  

accommodation, educational facilities, recreational facilities and  

rehabilitation centres for juveniles in various Homes and to direct  

the Collectors of each district to involve reputed NGOs in  

implementing the orders of this Court.  

20. The Act of 2000 has since been repealed and what is now in

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force is the JJ Act. The repeal of the Act of 2000 does not at all  

change the sum and substance of the reliefs claimed in the Public  

Interest Litigation. As such this petition though filed way back in  

2005 is not infructuous, the issues raised being very much topical  

and alive even today.  

Proceedings in this Court  

21. The writ petition was first taken up for consideration on 26 th   

September, 2005 when notices were issued to all the respondents  

(Union of India and States). After service of notice (which itself  

took about one year!) the matter was taken up on 3 rd

January, 2007  

and it was observed that the prayer in the writ petition was for  

forthwith implementation of the Act of 2000 in its true letter and  

spirit and that the petition highlighted some provisions of the said  

Act which had not been implemented despite a number of years  

having elapsed. It was noted that the writ petition highlights the  

horrible conditions in some Homes for children and that this was a  

violation of Article 21 of the Constitution. Under these  

circumstances, the Court required detailed affidavits to be filed by  

the respondent States through the Chief Secretary of each State.  

22. Reference was made in the order dated 3 rd

January, 2007 to

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Sheela Barse II v. Union of India 2  which also dealt with  

abandoned or destitute children lodged in various jails across the  

country for ―safe custody‖.  It was noted in that decision that the  

National Policy for the Welfare of Children contained the  

following preamble:  

―The nation‘s children are a supremely important asset.  

Their nurture and solicitude are our responsibility.   

Children‘s programmes should find a prominent part in our  

national plans for the development of human resources, so  

that our children grow up to become robust citizens,  

physically fit, mentally alert and morally healthy, endowed  

with the skill and motivations needed by society.  Equal  

opportunities for development of all children during the  

period of growth should be our aim, for this would serve  

our large purpose of reducing inequality and ensuring  

social justice‖.  

23. The Court noted in that decision that if a child is a national  

asset (as per the National Policy), it is the duty of the State to look  

after the child with a view to ensuring full development of the  

personality and that is why statutes dealing with children provide  

that a child shall not be kept in jail.  It was directed that on no  

occasion should children be kept in jail and if a State Government  

does not have sufficient accommodation in its remand homes or  

observation homes for children, they should be released on bail  

instead of being subjected to incarceration in jail.  

2  (1986) 3 SCC 632

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24. It was also emphasized that Juvenile Courts should be set up  

in each district and there must be a special cadre of Magistrates  

who are suitably trained for dealing with cases against children.   

Some other directions were also issued but they arise out of the  

Childrens‘ Act and are presently not relevant. Reference was also  

made in the order to Sheela Barse v. Union of India 3  wherein this  

Court reiterated its decision referred to above.  

25. It was noted that Juvenile Justice Boards (for short ‗JJBs‘) and  

Child Welfare Committees (for short ‗CWCs‘) under the Act of  

2000 have been constituted in very few districts. It was also noted  

that some observation homes are like prisons with uniformed or  

armed police.  

26. After a few subsequent hearings and completion of pleadings,  

the Court impleaded the National Commission for Protection of  

Child Rights (the NCPCR) by an order dated 14 th

February, 2011  

and the National Legal Services Authority (for short ‗NALSA‘) by  

an order dated 11 th

July, 2011. In the hearing on 19 th  August, 2011  

quite a few suggestions were made by NALSA in respect of child  

rights. We will consider these submissions at the appropriate stage.  

27. During the course of hearing, the Court lamented the  

3  (1988) 4 SCC 226

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confusion and uncertainty about the availability of statistics  

relating to the number of juveniles in conflict with law in each  

district and details of such children.  This made it difficult to  

make an effective plan for providing legal aid or providing  

appropriate Homes.  The State Legal Services Authorities were  

therefore required to collect data and NALSA was required to  

make data available to the Court for issuing further directions. The  

Court also observed that CWCs and JJBs are not functional or not  

constituted in every district. Accordingly the State Legal Services  

Authorities were requested to coordinate with the appropriate  

Department in the State Government to ensure that CWCs and  

JJBs are established as per the Act of 2000.  

28. Pursuant to the order dated 19 th

August, 2011 a detailed and  

excellent Report was prepared by NALSA in three parts on the  

existing facilities for implementation of the Act of 2000, with the  

month and year of reporting being August 2011.  

29. When the case was again taken up on 12 th  October, 2011 the  

Court reiterated the importance of the directions passed on 19 th   

August, 2011 and also added focus to setting up Special Juvenile  

Police Units under Section 63 of the Act of 2000. Directions were  

given in this regard to the Home Department and the Director

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General of Police of all the States and Union Territories to ensure  

that there is at least one police officer in every Police Station who  

has the necessary aptitude and is given appropriate training and  

orientation to function as a Juvenile or Child Welfare Officer.   

The State Legal Services Authorities and NALSA were requested  

to provide necessary training and orientation in phases to such  

officers.  

30. The Home Department and the Directors General of Police  

were also directed to ensure that Special Juvenile Police Units are  

set up in every district and city to coordinate and upgrade the  

treatment of juveniles in conflict with law and children in need of  

care and protection as required by sub-section (3) of Section 63 of  

the Act of 2000.  

31. When the case was taken up for consideration on 11 th   

September, 2015 by the Social Justice Bench of this Court, it was  

noticed that the Union of India had filed affidavits on 31 st  July,  

2015 and 9 th  September, 2015. From a reading of these affidavits, it  

appeared that a large number of Homes were not registered under  

the provisions of the Act of 2000.  Since this was a matter of  

concern (with a possibility of trafficking of children), the learned  

Additional Solicitor General appearing for the Union of India was

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requested to look into the matter and he submitted that the Union  

of India had initiated steps to ensure that the Homes run by NGOs  

get registered under the Act of 2000 in a few months time.  

32. Soon thereafter, the JJ Act was passed by Parliament and  

brought into force on 15 th

January, 2016. The JJ Act brought in  

several changes in the juvenile justice regime but the substratum of  

the petition filed by Sampurna Behura remained unaffected.   

33. Her PIL was taken up on 15 th  February, 2016 in the above  

background and after hearing learned counsel for the parties and  

going through various orders passed by this Court from time to  

time, the following issues were identified as needing serious  

consideration and deliberation:    

1. Constitution of State Child Protection Society.   

2. Constitution of State Commissions for the Protection  

of Child Rights.   

3. Establishment of Juvenile Justice Boards (JJBs) in  

every district (if necessary more than one in some  

districts) and their training.   

4. Establishment of Child Welfare Committees (CWCs)  

and their training.   

5. Appointment of Probation Officers and their training.   

6. Establishment of Special Juvenile Police Units in  

every Police Station, their training and updating the  

Police Training Manual.  

7. Provision for legal aid lawyers and their training.   

8. Proper selection of members of JJBs and CWCs.  

9. Assessment of manpower requirements of JJBs and

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CWCs and filling up the vacancies.   

10. Furnishing of on-line quarterly reports by the State  

Governments.   

11. Significance of Social Investigation Report.   

12. Principal Magistrates should exclusively deal with  

Juvenile Justice inquiries.   

13. Registration of child care institutions.  

14. Improvement of living conditions in government run  

child care institutions.   

15. Establishment of Juvenile Justice Fund.    

34. Thereafter, the matter was taken up on 9 th  May, 2016 when the  

learned Additional Solicitor General stated that the process of  

collecting and updating information online was underway in  

MWCD and was proceeding at a fast pace and that he expected it  

to be completed very soon. He also stated that the names of  

persons in various positions, such as members of JJBs and CWCs  

would be placed on the website of MWCD so that it would be easy  

to contact them whenever necessary. Learned Additional Solicitor  

General stated that the assistance of the State Governments and the  

Union Territories was required for completing the project.  

Accordingly this Court directed the State Governments and the  

Union Territories to render necessary assistance to the Union of  

India for updating the information and keeping it updated from  

time to time.  

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35. As far as NALSA is concerned, it submitted on record a copy  

of the Training Module for Legal Services Lawyers and Probation  

Officers but it was suggested by the learned Senior Counsel  

appearing for NALSA that since the Modules were prepared on the  

basis of the Juvenile Justice (Care and Protection of Children)  

Rules, 2007 NALSA would conduct some pilot training  

programmes to ascertain their efficacy and subsequently bring  

them in line with the new Rules to be framed under the JJ Act.  

36. In the hearing on 22 nd

August, 2016 the Union of India was  

required to consider the feasibility of urgently providing computers  

and internet connectivity to the Juvenile Justice Boards and Child  

Welfare Committees.  

37. The matter was again taken up on 17 th  February, 2017 by  

which time considerable progress had been made by MWCD in the  

online collection of information to the extent that a Central Level  

Monitoring Format had been prepared which could easily be filled  

up by the States and Union Territories for providing full  

information which could be collated.  

38. We also required, in addition to the collated information, that  

the State Commission for Protection of Child Rights (SCPCR)  

should be in place in every State and Union Territory.  It may be

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mentioned that the SCPCR is a body constituted under the  

provisions of the Commissions for Protection of Child Rights Act,  

2005 with a variety of functions as detailed in Section 13 of the  

said Act.  

39. On 5 th  April, 2017 and on 11

th  July, 2017 we noted the  

information made available on the composition and constitution of  

the SCPCRs and on an overall view of the matter it was found that  

a large number of vacancies existed and that little or nothing was  

being done by some of the State Governments to fill them up or to  

show any urgency in respect of protection of the rights of children.  

40. Subsequently, on 15 th  November, 2017 we required MWCD to  

inform us of the amounts lying in the Juvenile Justice Fund in each  

State and Union Territory.  

41. With all this information available on record in some form or  

the other, we heard the submissions of learned counsel for the  

parties on 20 th  November, 2017 and reserved judgment.  

42. We have gone into detail with regard to some of the more  

important proceedings that have taken place in the matter from the  

time when the Public Interest Litigation was instituted only to  

highlight various dimensions to the problems faced by children and  

the casual approach that most State Governments and Union

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Territories have towards the rights of children.  It is easy to forget  

that children also deserve dignified treatment and merely because  

they have no voice in the affairs of State, it does not mean that they  

are inconsequential members of society who can be compelled to  

live in conditions that are uncomfortable (to say the least) and who  

have little or no access to justice.    

Affidavits filed by MWCD  

43. During the progress of the case, MWCD filed a few status  

reports and affidavits.  

44. In an affidavit filed on 31 st  July, 2015 the status of an online  

Central Level Monitoring System being implemented by MWCD  

was indicated. Briefly, each State and Union Territory is given a  

login ID and password to access the formats, feed data and submit  

Reports to MWCD. Very broadly, the areas covered by the Reports  

are Homes and Children, Open Shelters, Specialized Adoption  

Agencies, Non-Institutional Care, Child Welfare Committees,  

Juvenile Justice Boards and Service Delivery Structures. This is a  

very forward-looking step and a major attempt to collect  

information so that the JJ Act could be effectively implemented  

and the planning process more structured rather than ad hoc.  

45. MWCD filed another affidavit on 8 th  September, 2015 which

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indicated requests made to States and Union Territories to adhere  

to the requirements of entering information in the software as  

required by the Central Level Monitoring System. An indication  

was given in the affidavit regarding the extent of compliance. For  

the period 2014-15 it was stated that while most States and Union  

Territories had provided the necessary information, as many as 7  

States were not fully compliant. For the period 2015-16 most  

States did not provide the necessary information.  Those who did  

were Assam, Union Territory of Chandigarh, Chhattisgarh,  

Himachal Pradesh, Madhya Pradesh, Meghalaya, Mizoram,  

Nagaland, Punjab, Tamil Nadu and Tripura.  

46. MWCD filed a status report on 4 th  December, 2015 giving the  

details of Child Care Institutions and their registration as well as  

the availability of Probation Officers in the States and Union  

Territories. Unfortunately, as per the affidavit the status was quite  

unsatisfactory in the sense that not many Child Care Institutions  

had been registered and there was a serious shortage of Probation  

Officers. In a further affidavit of 12 th

February, 2016 MWCD  

stated that steps were being taken for the registration of Child Care  

Institutions and it also indicated the role of a Probation Officer in  

the scheme of things.

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47. In yet another affidavit filed by MWCD on 29 th

March, 2016 a  

factual response was given with regard to the 15 issues identified  

by this Court on 15 th  

February, 2015.  

48. MWCD filed its final status report on 3 rd  

May, 2016 in which  

it was stated that some formats for information given in the Central  

Level Monitoring System were added in view of the 15 issues  

identified by this Court.  

49. In the affidavit dated 11 th  January, 2017 it was disclosed by  

MWCD that the availability and use of computers and peripherals  

for juvenile justice issues was in quite a poor state. In fact,  

complete information in this regard was not made available to  

MWCD by the States and Union Territories.   

50. In the final affidavit filed by MWCD it was disclosed that a  

National Consultation was held on 26 th  

September, 2017 and it  

appears from a reading of the affidavit that there is considerable  

improvement in the understanding of child rights and juvenile  

justice issues by the participants, but there is still a lot to be done.  

Unfortunately, the minutes of the National Consultation have not  

been placed on record.  

Information and data provided by NALSA   

51. As far as NALSA is concerned, it had carried out a

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remarkable study and placed on record a three part Report on  

issues pertaining to Juvenile Justice Boards, Child Welfare  

Committees and Homes under the Act of 2000. Even though the  

reports prepared by NALSA are extremely useful, since they are  

now quite dated (with data upto August 2011) they are not being  

referred to in any detail.  

52. NALSA gave another Report on 20 th  

July, 2015 in which it  

was pointed out that a large number of inquiries are pending before  

the JJBs. It was pointed out that in Uttar Pradesh alone there are  

34,569 inquiries pending and in district Durg in Chhattisgarh, there  

are 1883 inquiries pending before the JJBs. It was pointed out in  

the report that many of the JJBs did not sit on a regular basis with  

some sitting maybe once or twice a week. It was also pointed out  

that in some places the distance between the Observation Home  

and the JJB was considerable. It was submitted that there was a  

need for Probation Officers who would deal exclusively with  

juvenile justice issues.   

53. At this stage, it may be mentioned that in May 2016 a  

Training Module for Probation Officers was brought out by  

NALSA. This Training Module has since been utilized by NALSA  

and we have been given to understand that it has been found to be

      W.P. (C) No.473 of 2005                                      Page 24 of 62  

extremely useful and beneficial as a training guide.  

Submissions made by the petitioner  

54. On its part, the petitioner submitted a large number of steps  

that need to be taken to improve the lives of children in Child Care  

Institutions and enable them to live with dignity. Suggestions were  

also given by the petitioner on 10 th  and 25

th  September, 2013 and  

10 th  

May, 2016 on several aspects of child rights and juvenile  

justice. Most of these suggestions complement the suggestions  

given by NALSA.  

Discussion, suggestions and recommendations  

(i) National and State Commissions for Protection of Child  

Rights  

55. Child related laws enacted by Parliament provide for two  

extremely important policy and decision-making institutions in  

respect of children and child rights, namely the NCPCR and the  

SCPCRs. Similarly, two extremely important bodies have been  

provided for at the ground or grass-roots level for implementation  

of the JJ Act, namely the State Child Protection Society and the  

District Child Protection Unit. In our opinion, if these institutions  

and bodies perform their duties as required by the laws made by  

Parliament, under the supervision and guidance of the concerned

      W.P. (C) No.473 of 2005                                      Page 25 of 62  

State Government and the Government of India, recognition and  

enforcement of child rights could actually become a reality in our  

country.  

56. The Commissions for Protection of Child Rights Act, 2005  

provides for the Central Government constituting a body to be  

known as the NCPCR at the national level and the State  

Governments constituting a body to be known as the SCPCR at the  

State level. The composition of the NCPCR is provided for in  

Section 3 of the statute while a similar composition of the SCPCR  

is provided for in Section 17 of the statute. Section 3 of the  

Commissions for Protection of Child Rights Act reads as follows:  

―3. Constitution of National Commission for Protection  

of Child Rights.—(1) The Central Government shall, by  

notification, constitute a body to be known as the National  

Commission for Protection of Child Rights to exercise the  

powers conferred on, and to perform the functions  

assigned to it under this Act.  

(2) The Commission shall consist of the following  

Members, namely:—   

(a) a Chairperson who, is a person of eminence and has  

done outstanding work for promoting the welfare of  

children; and  

(b) six Members, out of which at least two shall be women,  

from the following fields, to be appointed by the Central  

Government from amongst persons of eminence, ability,  

integrity, standing and experience in,—  

(i) education;  

(ii) child health, care, welfare or child development;  

(iii) juvenile justice or care of neglected or marginalized  

children or children with disabilities;

      W.P. (C) No.473 of 2005                                      Page 26 of 62  

(iv) elimination of child labour or children in distress;  

(v) child psychology or sociology; and  

(vi) laws relating to children.  

(3) The office of the Commission shall be at Delhi.‖  

57. It is quite apparent that at the national level, the NCPCR is an  

institution consisting of eminent persons and experts in their  

respective fields. As such, they are expected to look at issues  

concerning the welfare of children in the national perspective  

taking into consideration the views of every SCPCR and other  

stakeholders. At the State level, the SCPCR is an equally  

significant body consisting of eminent persons and experts. They  

are expected to take policy decisions for the benefit of the children  

in their State, regardless of which State the children originally  

belong to, for there might be children of one State who are in need  

of care and protection but in a Child Care Institution of another  

State.  

58. The functions of the NCPCR and the SCPCR are more or less  

the same except that one performs these functions at the national  

level, while the other performs these functions at the State level.  

Section 13 of the Commissions for Protection of Child Rights Act,  

2005 details the functions of the NCPCR and this reads as follows:

      W.P. (C) No.473 of 2005                                      Page 27 of 62  

―13. Functions of Commission.—(1) The Commission  

shall perform all or any of the following functions,  

namely:—  

(a) examine and review the safeguards provided by or  

under any law for the time being in force for the  

protection of child rights and recommend measures for  

their effective implementation;  

(b) present to the Central Government, annually and at  

such other intervals, as the Commission may deem fit,  

reports upon the working of those safeguards;  

(c) inquire into violation of child rights and recommend  

initiation of proceedings in such cases;  

(d) examine all factors that inhibit the enjoyment of rights  

of children affected by terrorism, communal violence,  

riots, natural disaster, domestic violence, HIV/AIDS,  

trafficking, maltreatment, torture and exploitation,  

pornography and prostitution and recommend appropriate  

remedial measures;  

(e) look into the matters relating to children in need of  

special care and protection including children in distress,  

marginalized and disadvantaged children, children in  

conflict with law, juveniles, children without family and  

children of prisoners and recommend appropriate remedial  

measures;  

(f) study treaties and other international instruments and  

undertake periodical review of existing policies,  

programmes and other activities on child rights and make  

recommendations for their effective implementation in the  

best interest of children;  

(g) undertake and promote research in the field of child  

rights;  

(h) spread child rights literacy among various sections of  

the society and promote awareness of the safeguards  

available for protection of these rights through

      W.P. (C) No.473 of 2005                                      Page 28 of 62  

publications, the media, seminars and other available  

means;  

(i) inspect or cause to be inspected any juvenile custodial  

home, or any other place of residence or institution meant  

for children, under the control of the Central Government  

or any State Government or any other authority, including  

any institution run by a social organisation; where children  

are detained or lodged for the purpose of treatment,  

reformation or protection and take up with these  

authorities for remedial action, if found necessary;  

(j) inquire into complaints and take suo motu notice of  

matters relating to,—  

(i) deprivation and violation of child rights;  

(ii) non-implementation of laws providing for protection  

and development of children;  

(iii) non-compliance of policy decisions, guidelines or  

instructions aimed at mitigating hardships to and ensuring  

welfare of the children and to provide relief to such  

children,   

or take up the issues arising out of such matters with  

appropriate authorities; and  

(k) such other functions as it may consider necessary for  

the promotion of child rights and any other matter  

incidental to the above functions.  

(2) The Commission shall not inquire into any matter  

which is pending before a State Commission or any other  

Commission duly constituted under any law for the time  

being in force.‖  

59. It will be seen from the above that both the NCPCR and the  

SCPCR have a range and variety of functions to perform and each  

one of them entails a great deal of responsibility. We have been  

given to understand that both the Government of India and the  

State Governments have not been giving these bodies the freedom

      W.P. (C) No.473 of 2005                                      Page 29 of 62  

to decide on broad policy matters and indeed in some instances,  

particularly relating to the SCPCR, vacancies have not been filled  

up for several months. In fact, the NCPCR was compelled to file a  

writ petition in the Punjab and Haryana High Court for a  

mandamus to the State Governments of Punjab and Haryana and  

the Union Territory of Chandigarh to fill up the vacancies of  

members of the SCPCR. 4  Unfortunately, at one point of time, even  

the position of the Chairperson of the NCPCR was lying unfilled  

for several months, until, on the directions of this Court, the  

position was eventually filled up. We need hardly say that unless  

the NCPCR and the SCPCRs are given due importance by the  

Government of India and the State Governments and vacancies are  

filled up in time, the enforcement of the rights of children will  

remain on the back burner and any number of welfare schemes  

formulated by the Government of India or by the State  

Governments will remain unimplemented or their implementation  

will remain sketchy and symbolic.   

60. We hope and trust that those in authority and power in the  

Government of India and in the State Governments appreciate the  

                                                        4  Court on its own motion v. State of Punjab and The National Commission for the Protection of Child  

Rights (NCPCR) v. The State of Haryana and Others, Decided on 9 th

April, 2013 and reported as  

MANU/PH/0599/2013  

      W.P. (C) No.473 of 2005                                      Page 30 of 62  

importance of adhering to the provisions of the laws enacted by  

Parliament and ensure that the NCPCR at the National level and  

the SCPCR at the State level actually function and perform their  

duties and recognize their responsibilities.  

(ii) State Child Protection Society and the District Child  

Protection Unit  

61. In the absence of any clear-cut guidelines on who should be  

appointed to these two bodies, the State Governments have found  

an easy way out by appointing Government officials only and  

leaving out members of civil society. In our opinion, the  

constitution of the State Child Protection Society and the District  

Child Protection Unit need serious consideration so that all  

stake-holders, including the police and NGOs are actively involved  

in the performance of the functions, duties and responsibilities of  

these two bodies.  

62. The functions of the State Child Protection Society and the  

District Child Protection Unit are detailed in Rule 84 and Rule 85  

of the Juvenile Justice (Care and Protection of Children) Model  

Rules, 2016 framed by the Government of India. [It may be noted  

that some States have framed their independent Rules, but we are  

not referring to them]. The functions are varied, extensive and

      W.P. (C) No.473 of 2005                                      Page 31 of 62  

geared to improve the living conditions of children through  

different strategies and with the involvement of all stake-holders.  

63. For the effective implementation of the JJ Act and the  

policies laid down by the NCPCR and the SCPCRs, Section 106 of  

the JJ Act provides for the constitution of a State-level Child  

Protection Society and a District-level Child Protection Unit.  

Section 106 of the JJ Act reads as follows:  

―106. State Child Protection Society and District Child  

Protection Unit.—Every State Government shall  

constitute a Child Protection Society for the State and  

Child Protection Unit for every District, consisting of such  

officers and other employees as may be appointed by that  

Government, to take up matters relating to children with a  

view to ensure the implementation of this Act, including  

the establishment and maintenance of institutions under  

this Act, notification of competent authorities in relation to  

the children and their rehabilitation and co-ordination with  

various official and non-official agencies concerned and to  

discharge such other functions as may be prescribed.‖  

64. A perusal of the above provision broadly indicates that the  

primary function of the State Child Protection Society and the  

District Child Protection Unit is to ensure implementation of the JJ  

Act. In addition, these bodies are obliged to ensure that the  

institutions under the JJ Act are established and maintained,  

competent authorities in relation to children and their rehabilitation  

are in place and these two bodies are also required to coordinate  

with Government officials as well as NGOs to discharge their

      W.P. (C) No.473 of 2005                                      Page 32 of 62  

wide-ranging functions. The involvement of civil society through  

NGOs is a progressive step and these two bodies are expected to  

take their assistance from time to time.  

65. If these two bodies actually perform their duties,  

responsibilities and functions in the manner expected of them, the  

implementation of the JJ Act would no longer be an issue.  

Unfortunately, we have been informed that these bodies are not  

functioning in many places or in the manner in which they are  

expected to and in several districts the District Child Protection  

Unit has not even been constituted. We expect remedial steps to be  

taken by all concerned.  

(iii) Juvenile Justice Boards and Child Welfare Committees  

66. With regard to the establishment of JJBs, we were given to  

understand that most districts now have a JJB, but it is high time  

that every district in every State must have a JJB. An exception  

could perhaps be made, such as in some districts of Arunachal  

Pradesh where there is perhaps no juvenile crime or, there could be  

some districts where the number of inquiries are very few in which  

event the JJB may appropriately schedule its sittings. Similarly, a  

‗circuit JJB‘ could be considered if there are some adjacent  

districts where the number of pending inquires is quite few.

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67. We have also been given to understand that the appointment  

of some social workers as members of the JJB is not necessarily in  

accordance with the provisions of Section 4 of the JJ Act. The  

relevant provision in this regard reads as follows:  

―4. Juvenile Justice Board :– 1. xxx xxx xxx    

2.  A Board shall consist of a Metropolitan Magistrate or a  

Judicial Magistrate of First Class not being Chief  

Metropolitan Magistrate or Chief Judicial Magistrate  

(hereinafter referred to as Principal Magistrate) with at  

least three years experience and two social workers  

selected in such manner as may be prescribed, of whom at  

least one shall be a woman, forming a Bench and every  

such Bench shall have the powers conferred by the Code of  

Criminal Procedure, 1973 (2 of 1974) on a Metropolitan  

Magistrate or, as the case may be, a Judicial Magistrate of  

First Class.  

3. No social worker shall be appointed as a member of the  

Board unless such person has been actively involved in  

health, education, or welfare activities pertaining to  

children for atleast seven years or a practicing  

professional with a degree in child psychology, psychiatry,  

sociology or law.  

4. xxx xxx xxx  

5. The State Government shall ensure that induction  

training and sensitization of all members including  

Principal Magistrate of the Board on care, protection,  

rehabilitation, legal provisions and justice for children, as  

may be prescribed, is provided within a period of sixty  

days from the date of appointment.  

6. and 7. Xxx xxx xxx.‖    

68. The selection of social workers as members of the JJB is

      W.P. (C) No.473 of 2005                                      Page 34 of 62  

required to be carried out in accordance with the provisions of  

Rule 88 read with Rule 87 of the Model Rules. It must be  

appreciated that the appointment of social workers is serious  

business, inasmuch as they bring their experience - practical and  

professional - while conducting an enquiry under the JJ Act. This  

becomes all the more important when it is appreciated that the  

social workers can also conduct an enquiry independent of the  

Principal Magistrate as provided for in Section 7 of the JJ Act.  

However, the final disposition of the enquiry cannot be without the  

Principal Magistrate as mandated in the proviso to sub-section (3)  

of Section 7 of the JJ Act. There is therefore a heavy responsibility  

on the social workers to make a meaningful contribution during the  

course of an enquiry and also at the time of its disposition.  

69. In this context, it is important to note that the training of the  

Principal Magistrate as well as the social workers is extremely  

important and this is provided for in Rule 89 of the Model Rules.  

Unfortunately, the duration of training and the curriculum and  

course have not yet formulated, and the nature of training given to  

the Principal Magistrate and the social workers is somewhat ad hoc  

and unstructured. The lack of meaningful and effective training  

(and refresher courses) can have a vital impact on the ultimate

      W.P. (C) No.473 of 2005                                      Page 35 of 62  

disposition of an enquiry as also on the rehabilitation and  

reintegration of a juvenile in conflict with law who is before the  

JJB. Serious thought is required to be given to this not only from  

the point of view of awareness of the law and child rights but also  

from the point of view of sensitization of the JJBs, case  

management and creation of a child friendly ambience and  

environment within the JJB for a juvenile in conflict with law.  It  

appears to us that not much thought has been given to these aspects  

of the functioning of the JJBs and that is perhaps the reason why a  

very large number of inquiries are pending as mentioned above,  

with the State of Uttar Pradesh topping the list.   

70. On the functioning of the JJBs, it is worth referring to the  

following passage from a decision of the Gauhati High Court in  

Naisul Khatun v. State of Assam and Ors. 5   

―The second disturbing aspect of the case is that it appears  

the Juvenile Justice Board constituted under section 4 of  

the Act did not actually sit or assemble to deal with the  

case of the juvenile. We say so because from the original  

case records we find that all the order sheets passed in the  

matter, including those refusing bail, to juvenile have all  

been signed only by the Principal Magistrate of the  

Juvenile Justice Board. There is nothing to suggest that the  

two social worker members of the Board ever met to  

consider the request of the juvenile's father to grant him  

bail. This is rather unfortunate because the application of  

5  2011 Cri LJ 326 = 2010 SCC Online Gau 225

      W.P. (C) No.473 of 2005                                      Page 36 of 62  

mind has to be by the Juvenile Justice Board and not only  

by the Principal Magistrate.‖  

71. The submissions made before us by learned counsel for the  

petitioner as well as by learned counsel appearing for NALSA  

suggest that the JJBs do not have daily sittings. Of course, this  

would depend upon the number of inquiries pending before each  

JJB, but clearly if there are a large number of inquiries pending, it  

is the obligation of the JJB to sit on a daily basis so that the  

enquiry is concluded within the time limit prescribed by the JJ Act.  

It does not serve any purpose at all if an enquiry remains pending  

for a considerable period of time - no one benefits by the delay in  

the disposition of an enquiry. In this context, we may also add that  

where a large number of inquiries are pending, it would be  

worthwhile for the State Government and the High Court to  

consider having more than one JJB. In Delhi, for instance, there are  

as many as three JJBs functioning at any given point of time and  

that is because of the large number of pending enquiries. Similar  

steps can be taken by some of the other State Governments as well  

as by the High Courts after evaluating and making an assessment  

of the need for more than one JJB being established in a district.  

72. During the course of hearing, we had emphasized the need  

for a study to be conducted by the State Governments on whether

      W.P. (C) No.473 of 2005                                      Page 37 of 62  

there is adequate staff available with the JJBs. Unfortunately, the  

response was rather poor and we were only told that there is  

adequate staff available. It must be appreciated that a JJB is  

virtually in the nature of a court, although it does not conduct a  

trial, but only conducts an enquiry. Nevertheless, it does need  

adequate staff to perform its functions in an efficient manner. The  

JJB also has several administrative functions and they need due  

attention so that there is effective coordination between the JJB,  

the officials of the Observation Home, the police, the juvenile in  

conflict with law and the parents of that juvenile and lawyers  

representing the police as well as the juvenile in conflict with law.  

These administrative duties need attention if the JJB is to function  

effectively and a casual statement that the JJB has adequate staff,  

though possibly correct, is neither here nor there considering the  

requirements of the stake-holders who attend the enquiry before  

the JJB.  

73. In this context, it must also be mentioned that there is a dire  

need to have quality legal aid lawyers who can assist juveniles in  

conflict with law. This is an issue that must be taken up with all  

earnestness by the State Legal Services Authority. Unless a child is  

given adequate legal representation, it may impact his or her future,

      W.P. (C) No.473 of 2005                                      Page 38 of 62  

more so if the child in conflict with law is found guilty and placed  

in a Special Home. On its part, NALSA has brought out a manual  

for training of legal aid lawyers and we believe that it will be  

extremely useful not only for legal aid lawyers who are  

representing juveniles in conflict with law, but also for legal aid  

lawyers generally. Similarly, prosecutors also need to be sensitized  

and we hope that the State Governments will take necessary steps  

to educate and train them keeping in mind the primary objective of  

the JJ Act, which is to reintegrate a juvenile in conflict with law in  

society and to rehabilitate that juvenile.  

74. In the context of conducting an effective enquiry, the role of  

a Probation Officer cannot be underestimated nor can we  

underestimate the significance of an accurate Social Investigation  

Report prepared by a Probation Officer. The duties of a Probation  

Officer have been detailed in Rule 64 of the Model Rules and this  

reads as follows:  

―64. Duties of a Probation Officer. — (1) On receipt  

of information from the Police or Child Welfare Police  

Officer under clause (ii) of sub-section (1) of section 13 of  

the Act, without waiting for any formal order from the  

Board, the Probation Officer shall inquire into the  

circumstances of the child as may have bearing on the  

inquiry by the Board and submit a social investigation  

report in Form 6 to the Board.  

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(2) The social investigation report should provide for  

risk assessment, including aggravating and mitigating  

factors highlighting the circumstances which induced  

vulnerability such as traffickers or abusers being in the  

neighbourhood, adult gangs, drug users, accessibility to  

weapons and drugs, exposure to age inappropriate  

behaviours, information and material.  

(3) The Probation Officer shall carry out the directions  

given by the Board and shall have the following duties,  

functions and responsibilities:  

(i) To conduct social investigation of the child in Form 6;  

(ii) To attend the proceedings of the Board and the  

Children‘s Court and to submit reports as and when  

required;  

(iii) To clarify the problems of the child and deal with  

their difficulties in institutional life;  

(iv) To participate in the orientation, monitoring,  

education, vocational and rehabilitation programmes;  

(v) To establish co-operation and understanding between  

the child and the Person- in-charge;  

(vi) To assist the child to develop contacts with family and  

also provide assistance to family members;  

(vii) To participate in the pre-release programme and help  

the child to establish contacts which could provide  

emotional and social support to the child after release;  

(viii) To establish linkages with Probation Officers in  

other Districts and States for obtaining social investigation  

report, supervision and follow-up;  

(ix) To establish linkages with voluntary workers and  

organisations to facilitate rehabilitation and social  

reintegration of children and to ensure the necessary  

follow-up;

      W.P. (C) No.473 of 2005                                      Page 40 of 62  

(x) Regular post release follow-up of the child extending  

help and guidance, enabling and facilitating their return to  

social mainstreaming;  

(xi) To prepare the individual care plan and post release  

plan for the child;  

(xii) To supervise children placed on probation as per the  

individual care plan;  

(xiii) To make regular visits to the residence of the child  

under his supervision and places of employment or school  

attended by such child and submit periodic reports as per  

Form 10;  

(xiv) To accompany children where ever possible, from  

the office of the Board to the observation home, special  

home, place of safety or fit facility as the case may be;  

(xv) To evaluate the progress of the children in place of  

safety periodically and prepare the report including  

psycho-social and forward the same to the Children‘s  

Court;  

(xvi) To discharge the functions of a monitoring authority  

where so appointed by the Children‘s Court;  

(xvii) To maintain a diary or register to record his day to  

day activities such as visits made by him, social  

investigation reports prepared by him, follow up done by  

him and supervision reports prepared by him;  

(xviii) To identify alternatives of community services and  

to establish linkages with voluntary sector for facilitating  

rehabilitation and social reintegration of children; and  

(xix) Any other task as may be assigned.‖  

75. It is clear from a reading of the above provision that a  

Probation Officer has a very important role to play in ensuring that

      W.P. (C) No.473 of 2005                                      Page 41 of 62  

a juvenile in conflict with law is given adequate representation and  

a fair hearing before the JJB and the enquiry is conducted in a  

manner that is conducive to the rehabilitation of the juvenile in  

conflict with law. In this regard, the preparation of an individual  

care plan and post release plan gain immense significance and a  

Probation Officer has an important role to play in this.   

76. Once again, it is of great importance that a Probation Officer  

should be given adequate training, sensitization and awareness of  

his or her duties and responsibilities. NALSA has made a  

significant contribution in this regard by preparing a training  

module for Probation Officers. We expect all the State  

Governments as well as MWCD to ensure that training is given to  

Probation Officers on the lines suggested by NALSA with  

improvements being made in adult learning techniques, training  

methodology, the curriculum and the course content in due course  

of time.  

77. The submissions made by learned counsel for all the parties  

and our views and conclusions pertaining to the JJBs are equally  

applicable to the CWCs and it is not necessary to repeat them.  

However, it might be noted that it is not always necessary for the  

State Legal Services Authority to appoint legal aid lawyers to assist

      W.P. (C) No.473 of 2005                                      Page 42 of 62  

the CWC - this would depend on a case to case basis and only as  

an Amicus Curiae for the purpose of advising the CWC on a  

question of law, should the need arise.  

78. We were informed, somewhat unfortunately, that Child  

Welfare Committees are sometimes treated as ‗second class bodies‘  

and that payment of honorarium is not made to them on a regular  

basis. In addition, they are compelled to hold their sittings in  

buildings with very poor infrastructure facilities. This is a sad  

commentary on the working of the JJ Act for which the full  

responsibility rests on the shoulders of the concerned State  

Governments who must remedy the situation.   

(iv) Use of technology  

79. The use of technology, both by the JJBs as well as by the  

CWCs is extremely important and we are disheartened to note  

from the affidavits and submissions made by MWCD that there is  

an acute shortage of computers and peripherals with the JJBs and  

CWCs. Technology is important not only for the effective  

functioning of the JJBs and CWCs, but also to deal with issues that  

would arise from time to time concerning the tracing and tracking  

of missing children, the rescue of children working in hazardous  

industries, trafficked children, children who leave the Child Care

      W.P. (C) No.473 of 2005                                      Page 43 of 62  

Institutions, victims of child sexual abuse and follow-up action,  

among several other requirements. It is well-known that our  

country is a technological power-house and if we are unable to take  

advantage of the resources available with us and fully utilize the  

benefits of technology through computers and the internet for the  

benefit of children, our status as a technological power-house  

would be in jeopardy and would remain only on paper. Data,  

particularly of the magnitude of the kind that we are concerned  

with, can be easily collected through the use of computers and the  

internet. This would be of great assistance in planning and  

management of resources and MWCD and others concerned with  

child rights must take full advantage of this.    

80. That apart, there can be no doubt that the use of computers  

and peripherals would make an immense contribution to the  

administrative functioning of the JJBs and CWCs. Both the  

Government of India and the State Governments need to look into  

this and provide necessary software and hardware to the JJBs and  

the CWCs for obvious reasons. We were informed by learned  

counsel that the Police authorities in Telangana and Andhra  

Pradesh in consultation with the Juvenile Justice Committee of the  

High Court have made considerable use of information and

      W.P. (C) No.473 of 2005                                      Page 44 of 62  

communication technology and we are of the view that innovative  

steps must be encouraged. Similarly, the use of video conferencing  

could also be considered in appropriate cases where some  

inconvenience to the juvenile in conflict with law necessitates the  

use of video conferencing facilities.  

81. In the context of the use of technology, MWCD must be  

complimented for bringing out an online Central Level Monitoring  

System. We have been told by the learned Additional Solicitor  

General that this online system is working rather effectively  

although it would need upgrading from time to time as the months  

go by. The unfortunate part is that there does not seem to be much  

active cooperation extended by the State Governments in updating  

the information on the Central Level Monitoring System. In one of  

the affidavits filed by MWCD and adverted to above, it was stated  

that while almost every State Government has filled up the relevant  

information for the year 2014-15, but the response was rather  

lukewarm with regard to the period 2015-16. Needless to say,  

updating information is extremely important so that there can be  

efficient planning which will ultimately lead to better management  

of issues concerning children. We may mention that the State  

Governments are required to fill up the information on the Central

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Level Monitoring System once a quarter and surely that cannot be  

a difficult task.  

(v) Role of Police  

82. An extremely important stake-holder in the effective  

implementation of the JJ Act is the local police. Section 107 of the  

JJ Act mandates the appointment of a Child Welfare Police Officer  

(for short ‗CWPO‘) and a Special Juvenile Police Unit (for short  

‗SJPU‘) in each district. The SJPU must also include two social  

workers having experience of work in the field of child welfare,  

one of them being a woman. The responsibility for appointment  

lies on the State Government. Section 107 of the JJ Act reads as  

follows:  

―107. Child Welfare Police Officer and Special Juvenile  

Police Unit. — 1.   In every police station, at least one  

officer, not below the rank of assistant sub-inspector, with  

aptitude, appropriate training and orientation may be  

designated as the child welfare police officer to exclusively  

deal with children either as victims or perpetrators, in  

co-ordination with the police, voluntary and  

non-governmental organisations.  

2.   To co-ordinate all functions of police related to children,  

the State Government shall constitute Special Juvenile  

Police Units in each district and city, headed by a police  

officer not below the rank of a Deputy Superintendent of  

Police or above and consisting of all police officers  

designated under sub-section (1) and two social workers  

having experience of working in the field of child welfare,  

of whom one shall be a woman.  

      W.P. (C) No.473 of 2005                                      Page 46 of 62  

3.   All police officers of the Special Juvenile Police Units  

shall be provided special training, especially at induction as  

child welfare police officer, to enable them to perform their  

functions more effectively.  

4.  Special Juvenile Police Unit also includes Railway  

police dealing with children.‖  

83. We have been given to understand by learned counsel for the  

parties that many States have actually appointed CWPOs and set  

up SJPUs. Unfortunately, their duties and responsibilities have not  

been clearly identified but are generally stated in Rule 86 of the  

Model Rules. We have also been given to understand that no  

system of effective training for CWPOs and SJPUs has evolved  

and many of them exist only symbolically and only because the  

law requires them to exist. Since the duties and responsibilities of  

the CWPOs and SJPUs have not been specified or identified, it is  

high time in our opinion, that the Bureau of Police Research &  

Development and the National Police Academy in consultation  

with the State Police Academies identify the functions, duties and  

responsibilities of the CWPOs and SJPUs. In this regard, we may  

note that NALSA has prepared Guidelines for Training  

Juvenile/Child Welfare Officers attached to every police station  

and members of the Special Juvenile Police Unit. Perhaps this  

could be a starting point for their training through the Bureau of

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Police Research & Development and the Police Academies.  

84. The importance of training can be appreciated from the  

allegations made before the Patna High Court in The Matter of  

Letter of Sanat Kumar Sinha (Chief Co-ordinator), Bal Sakha v.  

The State of Bihar through the Chief Secretary, Govt. of Bihar  

and Ors. 6  It was alleged in that case that a child was handcuffed  

by policemen in uniform during his transit from the Police Station  

to the Civil Court for his appearance before the Chief Judicial  

Magistrate. Additionally, it was alleged that contrary to the  

provisions of the Act of 2000 the identity of the child was  

disclosed. Of course, the Patna High Court took up the issue with  

due seriousness but such a situation ought not to have occurred at  

all and could have been avoided through proper training and  

sensitization.  

85. With regard to the Police generally, it was submitted that due  

to the policy of rotation, it often happens that soon after a police  

officer completes his or her training that officer is transferred out  

to another department. This is a waste of effort and one of the ways  

of resolving problems arising out of transfers is for every State  

Police Academy to conduct regular training programmes under the  

6  MANU/BH/0384/2008

      W.P. (C) No.473 of 2005                                      Page 48 of 62  

guidance of senior police officials of the State and for the State  

Government to optimally utilize the services of its officers.  

86. Similarly, the Government of India is required to involve   

Railway Police for dealing with children. No information or data is  

forthcoming in this regard and learned counsel for the parties were  

unable to assist us insofar as this aspect is concerned. We expect  

the Government of India through the Railways to look into the  

matter with some degree of urgency. We were told by learned  

counsel that a large number of runaway children and children on  

drugs are found in railway stations (and other places) working as  

rag-pickers or performing other menial activities. It was submitted  

before us that even otherwise, there is rampant drug abuse among  

such children. Efforts must be made to establish de-addiction  

centres especially for such children and also generally for juveniles  

in conflict with law and children in need of care and protection.  

(vi) Child Care Institutions  

87. There is a lot to be said with regard to Child Care  

Institutions. Many of them are housed in run-down buildings and  

are hardly conducive to comfortable living even to a minimum  

degree. State Governments must appreciate that they are not doing  

any charity by putting up children in Child Care Institutions - they

      W.P. (C) No.473 of 2005                                      Page 49 of 62  

are merely performing their statutory and constitutional obligations.  

There is, therefore, an urgent need to make an evaluation and  

assessment of all the Child Care Institutions in every State to  

ascertain their condition, the infrastructure requirements and  

staffing requirements. Children live in these Institutions, not  

because they want to but because they have no other option, since  

most of them are children in need of care and protection. The  

obligation of society is to provide solace and comfort to these  

children and adherence to the minimum standards of care. Model  

Rules contain details for improved Child Care Institutions and their  

requirements. The State Governments have merely to adhere to  

these minimum requirements. The condition of some State  

managed Child Care Institutions is best illustrated by the  

observations made by the Punjab and Haryana High Court in Court  

on its own motion v. State of Punjab (supra) to the following  

effect:  

―….The sordid state of the said Observation Home  

depicted that Observation Home at Sonepat had two  

barracks and a front side courtyard with high walls. The  

entry gate was similar to jail gate. The Home was having  

no source of recreation facilities or playground for the  

juveniles housed therein. The courtyard was filled with  

stagnated water due to blockage of drainage system and  

there was hardly any place for going out of barrack for  

using courtyard. Enquiry revealed that there was no  

arrangement for potable water. The bathrooms and kitchen

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were also in deplorable condition. The Observation Home  

was managed by a single teacher who, besides performing  

job of a teacher, was also looking after the overall  

administration of the Home. In this manner, no  

meaningful education was being imparted to the children.  

The Observation Home was found to be worse than a  

prison. Observation Home at Hoshiarpur (Punjab) was  

found to be no better with almost similar dilapidated  

conditions…..‖  

88. There are, of course, additional duties and responsibilities  

obligated by the Constitution on the State Governments such as  

providing education, health-care (both physical and psychological)  

and adequate nutrition. These are huge areas that need to be looked  

into with all sincerity by the bodies and institutions established  

under the Commissions for Protection of Child Rights Act, 2005  

and the JJ Act. Concerned citizens like Sampurna Behura can only  

highlight the systemic implementation lapses and flaws and hope  

that the State Governments and the various bodies constituted  

under statutes enacted by Parliament perform their duties and  

functions. But, in such exceptional circumstances, the courts are  

constitutionally obliged to issue a continuing mandamus in public  

interest for implementation of the laws enacted by Parliament,  

which is essentially the primary responsibility of the Executive. If  

the Executive ignores the mandate of Parliament with continuing  

callousness, it will only be to the detriment of the children of our  

country.

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89. In this context, we may add that MWCD has made  

considerable efforts in ensuring that Child Care Institutions run  

and managed by individuals and NGOs are registered in  

accordance with the provisions of the JJ Act. We are quite  

surprised that there has been some resistance to registration from  

some institutions, as informed by the learned Additional Solicitor  

General, and therefore we must make it clear that the law has to be  

obeyed as long as it exists on the statute books. It might be  

uncomfortable for those who manage some of these Child Care  

Institutions, but registration is compulsory and in public interest to  

ensure that minimum standards of care are maintained and the  

children in those Institutions are well looked after. We may note  

that occasionally there are allegations originating from Child Care  

Institutions of trafficking and child sexual abuse, some of which  

may be unverified, but to avoid any such shameful allegations it is  

necessary that their registration, their management and functioning  

are strictly monitored by the State Governments and by MWCD.  

90. It was suggested by learned counsel that in all Child Care  

Institutions, there should be a segregation of children in terms of  

age and wherever applicable segregation based on the nature of the  

offence allegedly committed so that the possibility of sexual abuse  

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or any other kind of violence is eliminated. Additionally, all such  

institutions should be advised to provide vocational or continuing  

education with a view to re-settling children in conflict with law  

and children in need of care and protection by reintegrating and  

mainstreaming them in society. All these are issues of serious  

concern and need to be addressed by the State Governments and  

SCPCRs.   

91. It was emphasized that there should be adequate staff  

available in all Child Care Institutions so that they are able to  

perform their duties efficiently. It was also suggested that the  

location of the JJBs and CWCs should be in close proximity of the  

Child Care Institutions to avoid children having to travel long  

distances for their appearance before these statutory bodies. All  

these suggestions and recommendations made by learned counsel  

are issues of concern and must be dutifully addressed by the State  

Governments and the SCPCRs.  

92. One of the submissions made with regard to Child Care  

Institutions was that District Legal Services Authorities may make  

unscheduled visits to them to ascertain whether they are in fact  

functioning as they should. We are of opinion that this ‗Visitor‘

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system is definitely worth implementing and we expect NALSA to  

go ahead with the suggestion given. In fact, the Chief Justices  

Conference in 2006 had specifically adverted to the appointment of  

Visitors to Child Care Institutions and in the Chief Justices  

Conference in 2013 and 2015 improving the living conditions in  

Child Care Institutions was also adverted to. NALSA and the  

District Legal Services Authorities must respect the views  

expressed in the Chief Justices Conferences.   

(vii) Juvenile Justice Fund  

93. The JJ Act provides for the constitution of a Juvenile Justice  

Fund. The learned Additional Solicitor General placed before us  

figures relating to the contribution of the State Governments in the  

Juvenile Justice Fund. We are quite distressed to note that some of  

the State Governments have not even set up the Juvenile Justice  

Fund while one or two State Governments have set up the Fund  

with an embarrassing amount of only a few thousand rupees. We  

wonder how the welfare of children can be looked after by these  

State Governments with such a pittance in the kitty. Obviously,  

these State Governments are not seriously concerned about the  

welfare of children, which is a pity. This is yet another example of  

official apathy to the rights of children and a cause for worry.  

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(viii) Evaluation and assessment  

94. Finally, it would be appropriate if some sort of an evaluation  

or social audit is carried out every six months for the next couple  

of years to monitor and supervise the implementation of the JJ Act.  

More than sufficient time has already elapsed since the Act of 2000  

was enacted by Parliament and certainly the children of our  

country deserve much better and cannot wait for another 15 or 16  

years for the effective implementation of the JJ Act. Most of the  

children who were born when the Act of 2000 was enacted are  

nearing adulthood and many of them have not had the benefit of  

the provisions of the Act of 2000. This mistake, a serious one at  

that, cannot be repeated in the implementation of the JJ Act. It is  

said that children are the future of the country and if they are not  

looked after, it is the future of the country that is at stake.  

Conclusions and Directions  

95. Keeping in mind the concerns expressed by all learned  

counsel and the need to invigorate the juvenile justice system in  

the country, we are of the view that the following directions ought  

to be given and we do so.   

1. The Ministry of Women and Child Development in the  

Government of India and the State Governments should

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ensure that all positions in the NCPCR and the SCPRs are  

filled up well in time and adequate staff is provided to these  

statutory bodies so that they can function effectively and  

meaningfully for the benefit of the children.   

2. The NCPCR and the SCPCRs should take their duties,  

functions and responsibilities with great earnestness keeping  

in mind the faith reposed in them by Parliament. A position  

in these statutory institutions is not a sinecure. These bodies  

have a very significant and proactive role to play in  

improving the lives of children across the country.   

3. The State level Child Protection Societies and the District  

level Child Protection Units have an enormous responsibility  

in ensuring that the JJ Act is effectively implemented and  

Child Care Institutions are managed and maintained in a  

manner that is conducive to the well being of children in all  

respects including nutrition, education, medical benefits,  

skill development and general living conditions. These two  

bodies would be well advised to take the assistance of NGOs  

and civil society to ensure that the JJ Act serves the purpose  

for which it is enacted by Parliament.  

4. The State Governments must ensure that all positions in the

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JJBs and CWCs are filled up expeditiously and in  

accordance with the Model Rules or the Rules framed by the  

State Government. Any delay in filling up the positions  

might adversely impact on children and this should be  

avoided.  

5. The JJBs and CWCs must appreciate that it is necessary to  

have sittings on a regular basis so that a minimal number of  

inquiries are pending at any given point of time and justice is  

given to all juveniles in conflict with law and social justice to  

children in need of care and protection. This is a  

constitutional obligation.  

6. The NCPCR and the SCPCRs must carry out time-bound  

studies on various issues, as deemed appropriate, under the  

JJ Act. Based on these studies, the State Governments and  

the Union Territories must take remedial steps.   

7. In particular the NCPCR and the SCPCRs must carry out a  

study for estimating the number of Probation Officers  

required for the effective implementation of the JJ Act.  

Based on this study, the State Government must appoint the  

necessary number of Probation Officers. It must be  

emphasised that the role of a Probation Officer is critical for

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the rehabilitation and social reintegration of a juvenile in  

conflict with law and due importance must be given to their  

duties as postulated in the Model Rules and Rules, if any,  

framed by the State Governments and the Union Territories.  

8. The MWCD must continue to make creative use of  

information and communication technology not only for the  

purpose of collecting data and information but also for other  

issues connected with the JJ Act such as having a database of  

missing children, trafficked children and for follow up of  

adoption cases etc.  With the utilization of technology to the  

fullest extent, administrative efficiency will improve  

considerably, which in turn will have a positive impact on  

the lives of children.   

9. It is important for the police to appreciate their role as the  

first responder on issues pertaining to offences allegedly  

committed by children as well as offences committed against  

children.  There is therefore a need to set up meaningful  

Special Juvenile Police Units and appoint Child Welfare  

Police Officers in terms of the JJ Act at the earliest and not  

only on paper. In this context, it is necessary to clearly  

identify the duties and responsibilities of such Units and

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Officers and wherever necessary, guidance from the  

available expertise, either the National Police Academy or  

the Bureau of Police Research and Development or NGOs  

must be taken for the benefit of children.  

10. The National Police Academy and State Police Academies  

must consider including child rights as a part of their  

curriculum on a regular basis and not as an isolated or  

sporadic event.   

11.  The management of Child Care Institutions is extremely  

important and State Governments and Union Territories  

would be well advised to ensure that all such institutions are  

registered so that children can live a dignified life in these  

Institutions and issues of missing children and trafficking are  

also addressed.   

12.  State Governments and Union Territories would be well  

advised to appoint eminent persons from civil society as  

Visitors to monitor and supervise the Child Care Institutions  

in all the districts. This will ensure that the management and  

maintenance of these Institutions are addressed.  We have  

no doubt that the State Legal Service Authorities and the  

District Legal Service Authorities will extend full assistance

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and cooperation to the government authorities in this venture  

as well as to the Visitors.    

13.  The JJ Fund is a bit of an embarrassment with an absence of  

an effective response from the State Governments and the  

Union Territories. If financial resources are not made  

available for the welfare of the children we shudder to think  

what could be better utilization of the funds.  

14.  NALSA has done a remarkable job in collecting data and  

information relating to the JJ Act, as evidenced by the three  

part Report prepared by it. We request NALSA to carry  

forward the exercise and complete a similar Report  

preferably before 30 th  April, 2018 to assist all the policy  

making and decision taking authorities to plan out their  

affairs.  

15.  The importance of training cannot be over-emphasized. It is  

vital for understanding and appreciating child rights and for  

the effective implementation of the JJ Act. All authorities  

such as JJBs and CWCs, Probation Officers, members of the  

Child Protection Societies and District Child Protection  

Units, Special Juvenile Police Units, Child Welfare Police  

Officers and managerial staff of Child Care Institutions must

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be sensitized and given adequate training relating to their  

position.  A very positive step has been taken in this regard  

by NALSA and we expect the NCPCR with the assistance of  

the SCPCRs to carry forward this initiative so that there is  

meaningful implementation of the JJ Act.   

16.  Since the involvement of the State Governments and the  

Union Territories is critical to child rights and the effective  

implementation of the JJ Act, it would be appropriate if each  

High Court and the Juvenile Justice Committee of each High  

Court continues its proactive role in the welfare of children  

in their State. To make the involvement and process more  

meaningful, we request the Chief Justice of every High  

Court to register proceedings on its own motion for the  

effective implementation of the Juvenile Justice (Care and  

Protection of Children) Act, 2015 so that road-blocks if any,  

encountered by statutory authorities and the Juvenile Justice  

Committee of the High Court are meaningfully addressed  

after hearing the concerned governmental authorities. A  

copy of this judgment and order should be sent by the  

Secretary General of this Court to the Registrar General of  

each High Court for being placed before the Chief Justice of

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every High Court for initiating suo motu proceedings.         

96. Finally, we request and urge the Chief Justice of each High  

Court to seriously consider establishing child friendly courts and  

vulnerable witness courts in each district. Inquiries under the JJ  

Act and trials under other statutes such as the Protection of  

Children from Sexual Offences Act, 2012, the Prohibition of Child  

Marriage Act, 2006, trials for sexual offences under the Indian  

Penal Code and other similar laws require to be conducted with a  

high degree of sensitivity, care and empathy for the victim. It is  

often said that the experience in our courts of a juvenile accused of  

an offence or the victim of a sexual offence is traumatic. We need  

to have some compassion towards them – even juveniles in  

conflict with law, since they are entitled to the presumption of  

innocence - and establishing child friendly courts and vulnerable  

witness courts is perhaps one manner in which the justice delivery  

system can respond to ease their pain and suffering. Another  

advantage of such child friendly courts and vulnerable witness  

courts is that they can be used for trials in which adult women are  

victims of sexual offences since they too are often traumatized by  

the not so friendly setting and environment in our courts.  

97. We record our appreciation for Sampurna Behura for

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highlighting the issues raised in this Public Interest Litigation and  

to learned counsel for the appearing parties in not making this an  

adversarial proceeding, but a constructive effort for the benefit of  

the children of our country.  

98. The petition stands disposed of.  

99. The Registry should list the matter on 13 th

March, 2018 for  

directions after obtaining a response from the Registrar General of  

each High Court.    

               ...……………………J                    (Madan B. Lokur)    

                               .…………………....J               

New Delhi;                            (Deepak Gupta)   

February 9, 2018