SHEELA BARSE versus SECRETARY, CHILDREN AID SOCIETY & OTHERS

Citation: [1987] 1 S.C.R. 870 · Decided: 20-12-1986 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Disposed off

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
SHEELA BARSE 
v. 
SECRETARY, CHILDREN AID SOCIETY & OTHERS 
DECEMBER 20, 1986 
B 
[P.N. BHAGWATI, CJ, AND R.S. PATHAK, J.) 
c 
D 
Bombay Childern's Act, 1948: Children-Citizens of future era-
Frob/em child-A negative factor-Provisions of Childrens Act to be 
properly translated into action-Child Welfare Officer/Superintendent 
of Observation Home/ Presiding Officer of Juvenile Court-Should be 
duly motivated and approach oriented. 
Constitution of India, 1950, Articles 12, 21 & 24-Children's Aid 
Society, Bombay undoubtedly an instrumentality of the State-
Necessity to act in a manner satisfying requirements of Articles 21 & 24 
and Directive Principles of State Policy. 
The respondent-a society registered under the Societies Regis-
tration Act, 111641 is also a Public Trust under the Bombay Pub6c Trusts 
Act of 1950. It has set-up many Observation Homes under the provi-
sions of the Bombay Children's Act 1948. 
J 
• 
E 
The appellant, in a letter lo the High Court, made certain grie-
-"I 
vances about the working of the New Observation Home managed by 
the respondent al Mankburd. The High Court treated the aforesaid 
letter as a writ petition and disposed it of by giving certain directions. 
Aggrieved by the decision of the High Court, the appellant filed 
F the present appeal by special leave contending that the High Court 
failed to consider (i) that children while staying in the Observation 
Homes art forced to work withoot remuneration and are engaged in 
hazardous employment; (ii) that the shortfall in fOUow up actloo in the 
Observation Homes bas not been properly considered by the High 
Court and the directions given by the High Court are inadequate; and 
G (iii) that the Society should have been treated as a Stale and not as a 
voluntary organisation withiu the meaning of Aris. 21 and 24 of the 
Constitution. 
Disposing of the appeal, 
H 
HELD: I. I Children are the citizens of the future era. On the 
870 
-f 
·~· 
r 
SHEELA BARSE v. CHILDREN AID SOCIETY 
871 
proper bringing lip of the children and giving them the proper training io 
turn out to be good citizens depends the future of the country. In recent 
A 
years, this proposition has been well realised. Every society must; 
therefore, devote full attention to ensure that children are properly 
cared for and brought up in a proper atmosphere where they could 
receive adequate training, education and guidance in order that they 
may be able to have their rightful place in the society when they grow 
B 
up. [87SD; 877C] 
... 
1.2 The Children's Act 1948 bas made elaborate provisions to 
cover all the rights of the child and if these ,provisions are properly 
translated into action and the authorities created llDder the Act become 
cognizant of their role, duties and obligation in the performance of the 
statutory mechanism created llDder the Act and they are properly t 
motivated to meet the situations that arise in handling the problems, the 
situation would certainly be very much eased. [875F·G] 
1.3 The Child Welfare Officer (Probatiiln) as als.. the Superinten• 
dent of the Observation Home must be duly motivated, They must have 
D 
the working knowledge in psychology and have a sense of keen observ;t• 
lion. On their good functioning would depend the efficacy of the 
scheme. [876C-D] 
I .'4 The Juvenile Court has to be manned by a Judicial Officer 
with some special traifiing. Creation of a court with tisual Judicial 
E 
Officer and labelling it as Juvenile Court does not serve the. require• 
ment of the statute. tr that were so, the statute has no necessity of 
providing a Juvenile Court. The statutory scheme contemplates a judl• 
cial officer of a different type with a more sensitive approach-oriented 
outlook. Without these any Jiidlcial Officer Would, indeed not be com-
petent to handle the special problem of children. [876G-H] 
F 
i. Children in Observation Homes should ilot be made to stay 
long and as along as they are there, they sbould be kept occupied and 
the occupation should be congenial and intended to bring about adapta-
bility in life aimed at bringing about a self~nfidence and picking of 
humane virtues. However, for employment in Children's home, the 
G 
. children would not be given any remuneration. [876E] 
3. The Children Aid Society should have been treated as a State 
within the meaning of Art. 12 and it is undoubtedly an instrumentality 
of the State on the basis of the test laid down by the Supreme Clliirt. The 
Society has

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