NIL Vs. STATE OF GOA

JUDGEMENT

(1.) Heard learned Advocate General on behalf of the State/respondents and Mr. Padiyar, learned amicus curiae. Rule, by consent made returnable forthwith and heard.

(2.) This petition has its origin in the Reports dated 10.3.2008 and 4.10.2008 submitted by the learned Principal District and Sessions Judge, North Goa, Panaji of the inspection held by him during his personal visits to Apna Ghar, Merces and the reports published in The Times of India" dated 22.10.08 and Herald dated 30.10.08. These reports pointed out certain defects in Apna Ghar which have been treated as Public Interest Litigation (suo motu).

(3.) 'Apna Gha' is the observation cum children's home, established by the Government of Goa under the Juvenile Justice (Care and Protection of Children) Act, 2000. Apna Ghar is basically an orphanage, most of its inhabitants being abandoned and orphaned children. Juveniles, in conflict in law, are also housed in Apna Ghar. It is an elementary requirement of any civilised society and it has been so provided in various statutes concerning children that children should not be confined to jail because incarceration in jail has a dehumanising effect and it is harmful to the growth and development of children. Hence, juveniles in conflict in law are not placed in jails, but they are kept in remand homes or children's home, like the present one. The purpose of the juvenile justice legislation is to provide succour to the children who were being incarcerated along with adults and were subjected to various abuses, as well as to provide care and protection to children in need of the same. It is not only a beneficent legislation, but also a remedial one. Juvenile justipe homes/children's home give protection to children who have been in situations of social maladjustment, abandonment, delinquency or neglect.