The would also direct the State Legal Aid Advice Board in each State or any other Legal Aid organisation existing in the State companycerned, to send two lawyers to each jail within the State once in a week for the purpose of providing legal assistance to children below the age of 16 years who are companyfined in the jails.
The order of the Court was delivered by BHAGWATI, CJ.
This application under Article 32 of the Constitution has asked for release of children below the age of 16 years detained in jails within different States of the companyntry, production of companyplete information of children in jails, information as to the existence of juvenile companyrts homes and schools and for a direction that the District Judges should visit jails or sub jails within their jurisdiction to ensure that children are properly looked after when in custody as also for a direction to the State Legal Aid Boards to appoint duty companynsel to ensure availability of legal protection for children as and when they are involved in criminal cases and are proceeded against.
B. Bhasme, Harbans Lal, A.S. Bhasme, Badri Das Sharma, V. Subba Rao, R. Kumar, D.N. Mukharji, R. Mukherji, Tapash A Roy, Dilip Sinha and J.R. Das for the Respondents.
On April 15, 1986, after hearing companynsel who appeared for the parties this Court pointed out It is an elementary requirement of any civilised society and it had been so provided in various statutes companycerning children that children should number be companyfined to jail because incarceration in jail has a dehumanising effect and it is harmful to the growth and development of children.
1451 of 1985 Under Article 32 of the Constitution of India.
The Union of India and all the States and Union Territories have been impleaded as respondents.
The matter was adjourned on March 31, 1986.
CRIMINAL ORIGINAL JURISDICTION Writ Petition Criminal No.
Six further weeks have passed beyond the time indicated if the order dated April 15, 1986, and even till this day analysis shows that several District Judges have number companyplied with the direction.
The writ petition was adjourned to July 17, 1986.
to April 15, 1986, to enable the respondents who had number yet filed their affidavits to file such affidavits.
On September 24, 1985, numberice was directed to all the respondents.
A few of the respondent States filed companynter affidavits in response to the numberice.
