Bachpan Bachao Andolan And Anr vs The State Of Maharashtra And Ors

Headnote AI-drafted · Reviewed and approved

Public Interest Litigation filed by Bachpan Bachao Andolan, a non-governmental organisation working for the protection and advocacy of children's rights, challenging inadequacies and deficiencies in the State of Maharashtra's implementation of legislation concerning the rights of children and orders passed by the Supreme Court of India. The petitioners sought directions to enhance the State's efforts in implementing the Juvenile Justice (Care and Protection of Children) Act, 2015 and related statutory obligations.

The Court traced the history of child welfare legislation from the Apprentice Act of 1850 through the Juvenile Justice (Care and Protection of Children) Act, 2015, noting India's obligations under the United Nations Convention on the Rights of the Child, the Beijing Rules, and the Riyadh Guidelines. The judgment noted persistent issues including child abuse in Child Care Institutions, inadequate facilities in Children's Homes, delays in adoption, and lack of clarity in roles and responsibilities despite multiple legislative amendments.

The Court examined the constitutional provisions guaranteeing children's rights under Articles 21A, 24, 39, 45 and 47, and the legislative framework enacted pursuant to India's international obligations, including the Child and Adolescent Labour (Prohibition) Act 1986, the Protection of Children from Sexual Offences Act 2012, and the Right of Children to Free and Compulsory Education Act 2009, with a view to issuing appropriate directions to the State authorities.

Catchwords: Public Interest Litigation · children's rights · Juvenile Justice · Child Care Institutions · Child Welfare Committees · Juvenile Justice Boards · implementation of legislation · constitutional obligations · international conventions · UN Convention on Rights of the Child · Beijing Rules · Riyadh Guidelines · child protection · POCSO · Right to Education · child labour