BACHPAN BACHAO ANDOLAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Respondents waive service. Taken up for disposal.

(2.) Bachpan Bachao Andolan, the Petitioner, is a nongovernmental organization working for the protection and advocacy of children's rights. The founder of this organization was conferred the Nobel Peace Prize for their contribution to safeguarding the rights and well-being of children. The Respondents are the authorities representing the State of Maharashtra. The focus of this petition is on the inadequacies and deficiencies in the efforts of the State of Maharashtra to implement legislation about the rights of children and the orders passed by the Hon'ble Supreme Court. The Petitioners highlighting these shortcomings seek directions to enhance the State's efforts in this domain.

(3.) To place the subject matter in context a brief overview of the backdrop to the would be useful. A report published by the Tata Institute of Social Science commissioned by the State of Maharashtra provides a comprehensive background on the development of the legislative framework related to the subject. In British India, the Apprentice Act of 1850 marked the initial legislative effort to address juvenile delinquency. This Act empowered the courts to consider children engaged in minor offences as apprentices rather than resorting to imprisonment. Subsequently, the Reformatory School Act of 1897 allowed for the redirection of children sentenced to imprisonment to reformatory schools. The Criminal Procedure Act of 1898 then introduced specialized procedures for juvenile offenders. Madras, Bengal, and Bombay provinces enacted their Children Acts in 1920, 1922, and 1924, respectively. The Borstal Schools Act, established in 1929, aimed at detecting, training, and treating adolescent offenders, with the first Borstal School established in Punjab in 1912. The Constitution of India specifies the obligation of the State towards children, guaranteeing their rights and protection. Specific provisions for children include free and compulsory education between ages 6 and 14 (Article 21A) and the prohibition of children's employment in hazardous occupations (Article 24). Article 39 under the Directive Principles of State Policy, and Article 45 calls for state provision for early childhood care and education for all children up to the age of six years. Article 47 enjoins the State to enhance living standards, improve health, and raise nutrition levels.