SHEELA BARSE Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Venkatramani is discharged from this case at his request.

(2.) We are adjourning the Writ Petition to 19.7.86 to enable the petitioner appearing in person to analyse the reports which have come from the various District Judges. It is a little surprising that though we gave directions long back directing the District Judges/Chief Judicial Magistrates to send their reports of inspection of not only the District Jails but also sub jails in the Districts on or before 10.6.86, the reports have not yet come in respect of several Districts and particularly in respect of sub-jails in the Districts. We propose to give directions for expediting submission of these reports at the next hearing of the Writ Petition. We are very keen that the High Courts should be requested to minitor the submission of these reports and we have therefore requested the counsel appearing in the case to make constructive suggestions in that behalf.

(3.) Meanwhile, there are a few matters which need our urgent directions. It seems that there are a number of children who are mentally or physically handicapped and there are also children who are abandoned or destitute and who have no one to take care of them. They are lodged in various jails in different states. It is necessary to make provision in regard to them because they cannot be allowed to remain in jails. In fact, no child below the age prescribed in various Children's Acts can be kept in jail, but the position becomes very acute in the case of these who are physically or mentally handicapped or who are abandoned or destitute because they are kept in jails not because of any offence alleged to have been committed by them but only by way of what may be euphemistically called safe custody'. The State Governments must take care of these mentally or physically handicapped children and remove them to a Home where they can be properly looked after and so far as the mentally handicapped children are concerned, they can be given proper medical treatment and physically handicapped children may be given not only medical treatment but also vocational training to enable them to earn their livelihood. Those children who are abandoned or lost and are presently kept in jails must also be removed by the State Governments to appropriate places where they can be looked after and rehabilitated. We would, therefore, direct the State Governments to intimate to the Court the names and particulars of Government-run Homes or places where these children can be removed and taken care of and also inform the court as to what the State Governments propose to do in this behalf. We realise that possibly there may not be sufficient accommodation in the Homes or places run by the State Governments and it may, therefore, be necessary to mobilise social service organisations in this task of rehabilitation of children. We would, therefore, direct the Social Welfare Department of each State Government to submit to the Court at the next hearing of the Writ Petition a list giving names of Governmental, Semi-governmental and non-governmental organisations which can take care of these children and look after them with a view to their rehabilitation. We would also request the Central Social Welfare Board as also the Social Welfare Board in each State to provide this information to the Court by addressing a letter to the Registrar of this Court at the earliest. We would also ask the Director General, All India Radio and the Director General, Doordarshan to give publicity requesting non-governmental social service organisations to offer their services for the purpose of accepting these children with a view to taking care of them and providing for their rehabilitation in accordance with a hand-out I to be sent by the Registrar of this Court.