VISHNU DAYAL SHARMA Vs. STATE O

JUDGEMENT

(1.) AMAR Saran and R. N. Misra, JJ We have heard Shri Sukhendu Pal Singh, learned Counsel for the petitioner, Shri D. R. Choudhary, learned Government Advocate, Shri A. K. Sand, learned Additional Government Advocate, Shri Jagriti Singh, Advocate, the intervenor and Shri D. K Singh, Joint Registrar (Inspection), High Court, Allahabad.

(2.) AN affidavit has been filed today by Dr. ANil Mishra on behalf of State of U. P. mentioning that from 1. 12. 2006 to 31. 8. 2007, 138 children (47 of whom went missing in the year 2006 and 91 who were missing from 2002 to 2005) have now been recovered and the total number of 'missing children recovered since this Court started monitoring this matter is 1270. Only 984 children remain to be traced out. The ADG (Crime) has also issued a fresh circular dated 13. 9. 2007 seeking effective intervention for tracing out missing children. We must commend the State Government and the police authorities for their efforts and we hope that they will continue with this sincere effort and leave no stone upturned for tracing out the remaining missing children within the shortest time frame. The further progress report of the rescue of missing children be submitted again on the next date of listing.

(3.) AN affidavit has been filed today by the Deputy Chief Probation Officer, (HQ), Directorate of Women Welfare, Lucknow on behalf of Principal Secretary (Women and Child Development), U. P. Government, Lucknow. This affidavit describes the provisions of the Juvenile Justice Act (hereafter the J. J. Act) for setting up Juvenile Justice Boards (which are now functioning in 17 districts ). The provisions to keep juveniles in 17 existing observation homes for boys and the 5 Government homes for girls in U. P. , to keep juveniles whose cases have been decided in special homes, (there is one for boys and another for girls ). Child Welfare committees are to be constituted to look after cases of children who need care and protection (as distinct from children in conflict with the law ). These would constitute some of our neglected children who either run away from homes because of neglect or become easy prey for child traffickers. These committees are currently functioning in 18 districts and there are 10 children homes for such boys, 4 children homes for girls and 5 children homes for infants for the entire state of U. P. There is also a provision for Non-Governmental Organizations (NGOs) for opening and running such schools, which are required be registered under section 17 of the Juvenile Justice Act. There are 5 special adoption agencies and 12 NGO's who are functioning under section 41 (4) of the J. J. Act for adoption and rehabilitation of abandoned children. Under section of the Protection for Child Rights Act, 2005 juvenile Courts are proposed to be constituted in each district (equivalent to Sessions Courts) specifically for trafficking offences against children. AN Offence Against Children Bill 2006 is under consideration of the Government of India for comprehensive coverage of offences against children. We want comprehensive application of all the aforementioned and other provisions within a fixed time frame for enhancing "child welfare and child rights and the expected period by which the provisions of the Act will be implemented and there will be universal access by needed categories of children to juvenile boards, Courts, observation homes, special homes, children's homes, special adoption agencies and child welfare committees may be indicated in an affidavit on the next date of listing. In the end the Affidavit on behalf of the Principal Secretary (Women's and Child Development) seeks two months time for giving details of NGO run schemes, schemes of Child Help Line and how many children are being kept in various Government Children's Homes. We think that the time of two months sought is excessive and we grant one month's time to furnish the said information.