NARAIN Vs. STATE

JUDGEMENT

(1.) In the instant case in our order dated January 13, 1999 we noted that both the appellants, Shri Sri Narain and Smt. Savita, who are husband and wife, were in custody on account of being convicted for an offence punishable under Section 302 Indian Penal Code . read with Section 34 Indian Penal Code ., and sentenced to undergo life imprisonment. By the same order we also noted that they have minor children. In such a situation where both the husband and wife are in custody a question arises as to what would happen to their minor children, who may not have any one to look after them in the absence of their incarcerated parents. The question in the context of children being left alone due to incarceration of a single parent was dealt with by one of us in Criminal Misc. (Main) 1642/93 and Crl. Misc. (Main) 2144/93. By the order dated September 6, 1993 in Crl. Misc. (Main) 1642/93 it was observed as follows :-

(2.) In order to enforce the rights of the children guaranteed under Articles 21, 23 and 24, in the above said matter it was directed as follows :-

(3.) Pursuant to the above directions, in Criminal Misc. (Main) Nos. 1642/93 and 2144/93, the Secretary, Social Welfare Department, appeared on September 10, 1993. It was pointed out by him that a number of children's homes were being run by the Government and non-governmental organisations. He also stated that the children of the petitioner in Crl. Misc.(Main) 1642/93 could be accommodated in one of the children's homes. He was directed to file a detailed affidavit with regard to the number of children's homes which were being run by the Delhi Administration and NGOs with specific reference to the number of seats in those homes. A notice was also directed to be issued to the President of the Delhi High Court Bar Association to furnish a list of advocates who may be interested in associating themselves with the working of the children's homes. Pursuant to that order, an affidavit dated September 23, 1993 was filed by the Secretary, Social Welfare Department, giving a list of children's homes. On December 15, 1993, the Secretary, Social Welfare Department, again appeared and stated that the children of the prisoners and detenus contemplated by the order dated September 6, 1993 could be accommodated in the institutions listed at serial Nos. 15 to 21, 25 and 26 of Annexure `A' to his affidavit dated September 23, 1993. He also agreed that the advocates whose names would be submitted by the Delhi High Court Bar Association will be associated with the working of the aforesaid children homes and they will be nominated on their Boards. It was directed that the members of the Bar who are appointed to the Boards will file their reports every month and the same will be placed before the court so that there is a proper monitoring of the homes, where the children of prisoners could be accommodated. They were also permitted to make their suggestions to effectuate the orders dated September 6, 1993 and September 15, 1993. Besides, the Delhi High Court Bar Association was required to create a cell for receiving requests for lodging such children in the homes which could be forwarded to the advocates nominated on the Boards of the homes and the creation of such a cell was required to be notified for the general information of the members of the Bar and public at large.