BHADRESWAR LOYING Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Assam Children Act has been in the statute book since 1971. It is a matter of regret and pity that an Act to provide for the care, protection, maintenance, health, welfare, training, education and rehabilitation of neglected or delinquent children and for the trial of delinquent children in this State is rotting in the cupboard. This Court had occasion in the past to draw the attention of the concerned authorities to bring into force the aforesaid statute which is in tune with the growing concern felt throughout the world to take care of juvenile delinquency which needs a special treatment to see that a child which is a national asset does not become a hardened criminal due to any lapses on its part. If a child is a national asset it is the duty of the State to look after the child with a view to ensure full development of its personality. If the future of the nation depends upon the care and concern bestowed on the child, there can be no two opinions that a child has to be well looked after in all matters. Art.39(f) of the Constitution desires that the children are given opportunities and facilities to develop in a healthy manner in condition of freedom and dignity. With the growth of knowledge about child psychology and behaviour, the idea of giving special treatment to juvenile delinquency is fast developing in the modern time. The aforesaid Act was enacted because it was felt that the existing Criminal Courts and jails do not provide adequately for special treatment to those who as a result of crisis and conflict of growth and development develop delinquent traits.

(2.) The highest Court, of the land had occasion in Sheela Barse v. Union of India, AIR 1986 SC 1773, to note that though every State in the country except Nagaland has a Children Act, some States have not brought the Act into force. It was observed that this piece of legislation is for the fulfilment of a constitutional obligation and is a beneficial statute. Obviously, the State legislatures have enacted the law on being satisfied that the same is in the interest of society particularly children. It was pointed out that though ordinarily it is a matter for the State Government to decide as to when a particular statute should be brought into force, but in the present setting it was felt that it was appropriate that every State should ensure without delay that the Act is brought into force and administered in accordance with the provisions contained therein. Nonetheless, no step has been taken in this regard by the State Government.

(3.) The need for a statute like the Assam Children Act has been felt in the present case because when the offence was committed by the appellant he was not even in his teens he was aged about 12 years - when in some weak moment he attempted to commit rape on Nandwati, a girl aged about 7 years. On the offence being established the accused was sentenced to undergo R.I. for two years and also to pay a fine of Rs. 200.00, in default R.I. for two manths, keeping in view his age, character, antecedent and social status.