TMI Blog1986 (12) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... delivered on 4th February, 1985 on a writ petition filed by her. In the writ petition she made grievance about the working of the New Observation Home located at Mankhurd which is maintained and managed by the Children's Aid Society, Bombay. According to her, the Children's Aid Society, is registered under the Societies Registration Act 1860, and has also been treated as a Public Trust under the Bombay Public Trusts Act of 1950. The Society was rounded on 1st May, 1926. The Chief Minister of Maharashtra State is the ex-officio President and the Minister for Social Welfare is the Vice-President of the Governing Council of the Society. The said Society receives grants from the State. It has set up a Remand Home at Umerkhadi within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome of the allegations to be without any justification and yet others were accepted. In paragraphs 44 and 45 of the impugned judgment, the High Court colated its directions and recommended thus: (A) (i)A copy of the repatriation order passed by the Juvenile Court should always be sent to the Juvenile Aid Police Unit as it is now sent to the Observation Home. The order should specify that the police should implement that order within a week. What should be done by the police and the Observation Home in case the order is not implemented is mentioned in paragraph 27 of this judgment; (ii) The possibility of detailing sufficient number of personnel in the police department for the work connected with the Bombay Children Act should be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rivate entrepreneurs with a view to making financial gains for the Society. In support of this circumstance, reliance was placed upon an affidavit on behalf of the respondent filed in the High Court. The appellant next contended, relying on the balance-sheet of the Society forming part of the annual report, it has been contended before the High Court that the Society was making a profit of about Rupees four lakhs a year by engaging children into it to discharge various types of labour with-out making any payment to them. According to the appellant, the shortfall in follow-up action has not been properly considered by the High Court and the directions given by it are inadequate. In giving the directions, the High Court lost sight of mandator ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the Government of India as also the State machinery to implement the same in the proper way. The Children's Act, 1948 has made elaborate provisions to cover this and if these provisions are properly translated into action and the authorities created under the Act become cognizant of their role, duties and obligation in the performance of the statutory mechanism created under the Act and they are properly motivated to meet the situations that arise in handling the problems, the situation would certainly be very much eased. The problem is such that it does not brooke delay. There is no unanimity of the problem also though there may be a pattern, every individual case is likely to pose a situation very often peculiar to itself. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We are not inclined to agree with the contention advanced by the appellant that for employment in children's home, the children would be given remuneration. Children in Observation Homes should not be made to stay long and as long as they are there, they should be kept occupied and the occupation should be congenial and intended to bring about adaptability in life aimed at bringing about a self confidence and picking of humane virtues. We are not inclined to agree with the supervision over the Homes. Indeed, without this aspect being assured, the conditions of these Homes could not improve. Dedicated workers have to be found out, proper training to them has to be imparted and such people alone should be introduced into the childre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning, education and guidance in order that they may be able to have their rightful place in the society when they grow up. We agree with the appellant that the Respondent-Society should have been treated as a State within the meaning of Article 12 as it is undoubtedly an instrumentality of the State on the basis of the test laid down by this Court. The Respondent-Society has, therefore, to regulate its activities not only in accordance with the statutory requirements but also act in a manner satisfying the requirements of the Constitutional provisions in Articles 21 and 24 as also the Directive Principles of the State Policy. We would direct the State of Maharashtra to take prompt action to strictly enforce the law, act up to the requ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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