LOK ADHIKAR SANGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, service of which is waived by learned A.G.P. Ms. Harsha Devani for respondent Nos. 1 to 4 whereas, learned Senior Standing Counsel Mr. D. N. Patel waives service for respondent No. 5.

(2.) The petitioner, by invocation of provisions of Art. 226 of the Constitution of India, has sought direction from this Court that respondent No. 1 be directed to frame rules under the Juvenile Justice (Care and Protection of Children) Act, 2000 and bring them into operation, as expeditiously as possible.

(3.) The Juvenile Justice Act, 1986 (LIII of 1986) is designed and provided for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles. It also provides the mechanism for adjudication of certain matters relating to and disposition of delinquent juveniles. It cannot be gainsaid that the legislative mechanism and statutory provisions in the Act as well as subsequently in the Juvenile Justice (Care and Protection of Children) Act, 2000 unambiguously indicate that much greater attention and welfare measures are required to be taken for the children who are found in situations of social maladjustment, neglected or delinquency. Obviously, the regular and traditional justice delivery system cannot be said to be fully adequate and suitable for being applied to the juveniles. The realm of juvenile justice has many dimensions and dynamics which are required separate serious care and consideration for that purposes, it is necessary to have uniform juvenile justice system throughout the country which should make adequate provision for dealing with all aspects in this changing social, cultural and economic situation in the country. Equally true is the fact that larger involvement of informal systems and community- based welfare agencies are necessary for the care, protection, treatment, development and rehabilitation and proliferations of the interest of such juveniles. It is in this context, the Parliament in its wisdom has enacted two important legislations : (1) Juvenile Justice Act, 1986, and (2) Juvenile Justice (Care and Protection of Children) Act, 2000.