1. This writ petition has been registered on the basis of a letter dated 7th June, 2008 by the Non-Governmental Organization called 'BAL SAKHA'. In that letter, 'BAL SAKHA', principally raised the grievance that a child of Jamui under Chandramandi Police Station, District - Jamui during his transit from the Police Station to the Civil Court for his appearance before the Chief Judicial Magistrate, was handcuffed by the policemen in uniform. This grievance is founded on a report that appeared in 'Dainik Jagran', a Hindi daily Newspaper dated 4th June, 2008. It is stated that the newspaper ignored Section-21 of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, 'JJ Act') by disclosing the identity of the child.
2. 'BAL SAKHA' also informed in the letter that there has been frequent violation of Human Rights of the juveniles and the authorities in the State have not been following the JJ Act and the decisions of the Supreme Court.
3. A notice has been issued to the State government through the Chief Secretary, Government of Bihar; the Director General of Police, Government of Bihar,; the Principal Secretary, Social Welfare Department, Government of Bihar,; the Director Social Welfare Department, Government of Bihar,; the District Magistrate, Jamui; and the Superintendent of Police, Jamui.
4. On behalf of the Superintendent of Police, Jamui a counter affidavit has been filed on 4th September, 2008. The Director, Social Welfare Department filed her counter affidavit on 22nd October, 2008. Yet another supplementary counter affidavit has been filed on behalf of the Director, Social Welfare Department, on 24th November, 2008.
5. JJ Act came to be enacted to consolidate and amend the law relating to juveniles by providing for proper care, protection and child friendly approach in the adjudication and disposition of matters in the best interest of children and their rehabilitation. It is a social welfare legislation to ensure that Juveniles human rights are protected and that delinquent juveniles derive benefit of its provision. It needs no emphasis that all steps need to be taken by the State government to ensure its full implementation.
6. Adverting first to the aspect of implementation of the provisions of the JJ Act in the State of Bihar, it transpires that in exercise of the powers conferred by Section 68 of the JJ Act, the Bihar Government has notified Bihar Juvenile Justice (Care & Protection of Children Rules, 2003 (for short, 'Rule 2003). However, it seems that consequent upon amendment in JJ Act in the year, 2006, the new rules have not yet been framed although it is stated that the process of drafting new rules has been initiated and the committee has been formed. For achieving the objects of the JJ Act, it is necessary that the State government frames the new rules as contemplated under Section 68 after amendment in JJ Act (vide Amendment Act, 2006). If the process of drafting new rules pursuant to the Amendment Act, 2006 has already started, as stated in the counter affidavit filed on behalf of respondent No. 4, then such process must be taken to logical conclusion without unnecessary delay.
7. Mr. Narendra Kishore Sinha, Additional Advocate General - X submits that within two months from today, the new rules shall be in place. We accept his statement.
8. For effective implementation of the JJ Act and to achieve its objective, the constitution of diverse Boards, Committees as well as construction of Observation Homes, Special Homes, Children Homes, Shelter Homes, After Care Homes etc., are important. Quite a few steps concerning Juvenile Justice Board, Child Welfare Committee, Observation Homes, Special Homes, After Care Organizations seem to have been taken by the State government but still many things remain to be done.
9. Mr. Narendra Kishore Sinha, Additional Advocate General - X submits that thirty eight Juvenile Justice Boards for all thirty eight districts have been sanctioned; thirty two Juvenile Justice Boards have already been constituted. He stated before us that six Juvenile Justice Boards which have so far not been constituted shall be constituted within three weeks from today and a notification to that effect shall be issued. We accept his statement.
10. As regards Child Welfare Committee, the Additional Advocate General - X submits that thirty eight Child Welfare Committee for all thirty eight districts have been sanctioned by the State government. Ten Child Welfare Committees have already been constituted. For remaining twenty eight Child Welfare Committees, the Additional Advocate General - X submits that within three weeks from today, these committees, too, will be constituted. His statement is accepted accordingly.
11. In so far as the Observation Homes are concerned, the Additional Advocate General - X submits that the State government has sanctioned nineteen Observation Homes. Ten Observation Homes are functional at Patna, Muzaffarpur, Bhagalpur, Gaya, Darbhanga, Chapra, Purnia, Arrah, Bettiah and Munger. He further submits that for remaining nine Observation Homes which have been sanctioned for Saharsa, Jamui, Sitamarhi, Siwan, Sasaram, Nalanda, Lakhisarai, Begusarai and Araria, about six months are needed for construction of these Observation Homes. We, accordingly, grant time of six months to the State government for construction of nine Observation Homes at Saharsa, Jamui, Sitamarhi, Siwan, Sasaram, Nalanda, Lakhisarai, Begusarai and Araria. The State government will ensure that on and from 1st July, 2009, the Observation Homes at these places also become functional.
12. Section 62-A of the JJ Act which has been inserted vide Amendment Act, 2006 provides that every State government shall constitute a Child Protection Unit for the State and, such Units for every District, consisting of such officers and other employees as may be appointed by the State government to take up matters relating to children in need of care and protection. Thus, the very important provision concerning constitution of Child Protection Units responsible for implementation of the Act has been introduced. The State government is, accordingly, obliged to constitute a State Child Protection Unit and the necessary number of units in the district with adequate number of officers and employees manning such units.
13. The Additional Advocate General - X submits that as required by Section 62-A, a State Child Protection Unit and thirty eight District Child Protection Units have already been sanctioned. He assured that within three months from today, the requisite number of the officers and employees shall be appointed in the State Child Protection Unit as well as thirty eight District Child Protection Units and these units shall be made functional after three months. We, accordingly, direct that the necessary steps in the light of Section 62-A shall be taken by the State government in ensuring that a State Child Protection Unit and the District Child Protection Units become functional on and from 1st April, 2009.
14. The Observation Homes, Special Homes, Children Homes, Shelter Homes and After Care Homes need to be visited and monitored by the inspection teams at the State level as well as the district level. It appears that in large number of district inspection teams have not been constituted so far, although it is stated that steps in that regard will be taken. The delay in constitution of inspection teams may actually affect the functioning of Homes Created under the Act. We direct the State government to ensure that within three months from today, inspection teams in all concerned districts shall be constituted and notified.
15. In our considered view, the aforesaid time frame for implementation of the Act will be of great help for protection of the Juveniles under JJ Act, 2000.
16. Before we conclude, we may deal with one aspect highlighted by the petitioner with regard to a child of Jamui under Chandramandi police station having been handcuffed during his transit from the Police Station to the Civil Court for his appearance before the Chief Judicial Magistrate.
17. On behalf of the Superintendent of Police, Jamui, a counter affidavit has been filed and it is explained that the matter cited in the letter related to Chandramandi Police Station Case No. 27 of 2008 for the offences punishable under Sections 147, 148, 149, 448, 341, 323, 324 & 307 of the Indian Penal Code. It is stated that that boy was presumed to be twenty years of age and not juvenile and since he tried to flee away during the escort to the court, he was handcuffed by the constable. The explanation set out in the counter affidavit may or may not be justified but one thing does appear that there appeared to be serious doubt by the investigating agency about the age of the boy and, therefore, an application was also made before the concerned criminal court for ascertaining the correct age. We, therefore, leave the matter at that and no further order is needed in that regard. Suffice, however, to say that the State government must ensure that the rights of the children do not get violated by any one including its officers and more particularly, the police. If any initiatives are required to be taken by the State government in this regard, they need to be taken and it must be ensured that JJ Act, 2000 as amended up-to-date is implemented in its letter and spirit.
18. Writ petition stands disposed of accordingly.