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

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

Every District Judge who has not yet submitted their report on children in jails must comply with the Supreme Court's direction and submit the report through the High Court by August 31, 1986; all States must bring into force and administer their respective Children's Acts without delay, and must file affidavits explaining any failure to do so. District and Session Judges shall visit district jails at least once in two months to ensure welfare of child prisoners. State Legal Aid Boards must appoint counsel to assist children in criminal cases. Registrar of every High Court must ensure compliance. Strict compliance with Jail Manual safeguards is required. Petitioner is permitted access to...

Parties
Petitioner: Sheela Barse; Respondent: Union of India; Respondent: State respondents (multiple States and Union Territories)
Jurisdiction
India
Judgment Date
05 August 1986
Procedural Posture
Writ Petition (criminal) No. 1451 of 1985 / Final Order With Directions
Outcome
Directions issued; reports and compliance required by August 31, 1986; writ petition adjourned for directions.
Legal Topics
Children in Prisons, Enforcement of Children's Acts, District Judge Duties, Legal Aid for Children, Judicial Directions Compliance
Constitutional Law Child Rights Criminal Procedure Children in Prisons Enforcement of Children's Acts District Judge Duties Legal Aid for Children Judicial Directions Compliance

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Parties

Sheela Barse

Petitioner

Union of India

Respondent

State respondents (multiple States and Union Territories)

Respondent

Procedural Posture

Writ Petition (criminal) No. 1451 of 1985 / Final Order With Directions

Legal Issues

  1. 1 Release of children below the age of 16 years detained in jails
  2. 2 Production of information about children in jails, juvenile courts, homes and schools
  3. 3 Appointment of duty counsel for children in criminal cases

Ratio Decidendi

Every District Judge who has not yet submitted their report on children in jails must comply with the Supreme Court's direction and submit the report through the High Court by August 31, 1986; all States must bring into force and administer their respective Children's Acts without delay, and must file affidavits explaining any failure to do so. District and Session Judges shall visit district jails at least once in two months to ensure welfare of child prisoners. State Legal Aid Boards must appoint counsel to assist children in criminal cases. Registrar of every High Court must ensure compliance. Strict compliance with Jail Manual safeguards is required. Petitioner is permitted access to...

Court Disposition

Directions issued; reports and compliance required by August 31, 1986; writ petition adjourned for directions.

Orders

  • Defaulting District Judges must submit reports by August 31, 1986 through the High Court.
  • Registrars of High Courts must ensure compliance with directions.