SHEELA BARSE & ANR. versus UNION OF INDIA & ORS.

Citation: [1986] 3 S.C.R. 443 · Decided: 05-08-1986 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Directions issued

Judgment (excerpt)

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SHEELA BARSE & ANR. 
V, 
UNION OF INDIA & ORS. 
AUGUST 5, 1986 
. [P.N. BHAGWATI, C.J. ANDRANGANATH MISRA, J.] 
Constitution of India, 1950, Art. 144,-Scope of-Duty of the 
Subordinate Courts/Judicial authorities to comply with the directions of 
the apex Court explained. 
Constitution of India, Art 39(f)-Legislation, enactment and en-
forcement of Children's Acts-Constitutional obligation of State-
States to enforce Children's Acts-District Judges to visit jails and see 
that child prisoners are accorded the benefit of Jail Manual. 
Children Acts-Children-Legislation for benefit of-Enactment 
and enforcement by States-Necessity of. 
The petitioner filed the present petition under Article 32 of the 
Constitution for release of children below the age of 16 years detained in 
jails within different States of the country, production of complete in-
. formation of children in jails and existence of juvenile Courts, homes 
and schools in the country. The petitioner also asked for a direction to 
the State Legal Aid Boards to appoint duty counsel to ensure availabil-
ity of legal protection for children as and when they are involved in 
criminal cases. The Supreme Court while directing the State Legal Aid 
and Advice Board in each State or any other Legal Aid Organisation 
existing in the State concerned, to send two lawyers to each jail within 
the State once a week for the purpose of providing legal assistance to 
children below the age of 16 years who are confined in the jails, called 
for information from the Dis.trict Judges about the children below the 
age of 16 years detained in yarious jails. However several District 
Judges did not comply with the direction within the time granted. 
While showing concern and surprise that a direction given by the 
apex Court bas not been properly carried out by the District Judges 
who are an effective instrumentality in the hierarchy of the judicial 
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444 
SUPREME COURT REPORTS 
[1986] 3 S.C.R. 
HELD: (1) Every defaulting District Judge who had not submit-
ted his report shall nnfailingly comply with the direction and furnish 
the report by August 31, 1986 through his High Court, and the Re-
gistrar of every High Court shall ensure that compliance of the present 
direction is made. It is surprising that the High Courts have remained 
aloof and indifferent and have never endeavoured to ensure submission 
of the reports by the District Judges within the time indicated in the 
order of this Court. [447G-H] 
(2)(1) Though the Children's Acts are on the statute book, in 
some States the Act has not beeu brought into force. This piece of 
legislation is for the fulfilment of a constitutional obligation and is a 
beneficial statute. There is hardly any justification for not enforcing the 
statnte. 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 is appropriate that without delay every State should 
ensure that the Act is brought into force and &dministered in accord-
ance with the provisions contained therein. [448B-E] 
(2)(11) Such of the States where the Act exists but has not been 
brought into force should indicate by filing a proper affidavit as to why 
the Act is not being brought into force in case the Act is still not in force. 
[448E] 
(3)(1) The safeguards which are provided in Jail Manuals preva-
lent in different States should be strictly complied with and the prison-
ers should have the full benefit of the provisions contained in the Man-
ual. It is also the obligation of the High Court to ensure that all persons 
in judicial custody within its jurisdiction are assured of acceptable liv-
ing conditions. [448F; 449A] 
(3)(11) Every District and Session Judge should visit the district 
jail at least once in two months, and in the course of his visit, he should 
take particular care about child prisoners, both convicts and under-
trials and as and when he sees any infraction in regard to the children in 
the prison he should draw the attention of the Administration as also of 
his High Court. [448G-H] 
CRIMINAL ORIGINAL JURISDICTION: Writ Petition 
(Criminal) No. 1451of1985 
Under Article 32 of the Constitution of India. 
S.B. Bhasme, Harbans Lal, A.S. Bhasme, Badri Das Sharma, 
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S. BARSE v. U.0.1. [BHAGWATI, CJ.[ 
445 
. C.V. Subba Rao, R. Kumar, D.N. Mukharji, R. Mukherji, Tapa

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