Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1948 Bombay Childern's Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Bombay Children Act, 1948 (71 of 1948) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Bombay Children's Act, 1948: Children-Citizens of future era- Problem 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 Registration Act, 1860 is also a Public Trust under the Bombay Public Trusts Act of 1950. It has set-up many Observation Homes under the provisions of the Bombay Children's Act 1948. The appellant, in a letter lo the High Court, made certain grievances about the working of the New Observation Home managed by the respondent at Mankhurd. 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 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 without remuneration and are engaged in hazardous employment; (ii) that the shortfall in follow up action in the Observation Homes has not been properly considered by the High Court and the directions given by the High Court are inadequate; and (iii) that the Society should have been treated as a Stale and not as a voluntary organisation within the meaning of Arts. 21 and 24 of the Constitution. |
Judge | Honble Mr. Justice P.N. Bhagwati |
Neutral Citation | 1986 INSC 286 |
Petitioner | Sheela Barse |
Respondent | Secretary, Children Aid Society & Others |
SCR | [1987] 1 S.C.R. 870 |
Judgement Date | 1986-12-20 |
Case Number | 300 |
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