- (1.) AMAR Saran and R. N. Misra, JJ We have heard Shri Sukhendu Pal Singh, learned Counsel for the petitioner, Shri D. R. Choudhary, learned Government Advocate, Shri A. K. Sand, learned Additional Government Advocate, Shri Jagriti Singh, Advocate, the intervenor and Shri D. K Singh, Joint Registrar (Inspection), High Court, Allahabad.
(2.) AN affidavit has been filed today by Dr. ANil Mishra on behalf of State of U. P. mentioning that from 1. 12. 2006 to 31. 8. 2007, 138 children (47 of whom went missing in the year 2006 and 91 who were missing from 2002 to 2005) have now been recovered and the total number of 'missing children recovered since this Court started monitoring this matter is 1270. Only 984 children remain to be traced out. The ADG (Crime) has also issued a fresh circular dated 13. 9. 2007 seeking effective intervention for tracing out missing children. We must commend the State Government and the police authorities for their efforts and we hope that they will continue with this sincere effort and leave no stone upturned for tracing out the remaining missing children within the shortest time frame. The further progress report of the rescue of missing children be submitted again on the next date of listing. Another affidavit of the Deputy Labour Commissioner on behalf of the Principal Secretary (Labour), U. P. has been filed today, which mentions that in 38 districts where special schools have been sanctioned under the National Child Labour Project (NCLP), 1517 schools are running which have a strength of 76528 children who have been freed from hazardous and non-hazardous employments/processes. In our view whilst it is a good thing that special schools have been created for freed child labourers, but it is important to examine as to how many of such children are going to special schools because of the scholarships and other facilities that they offer, who could easily have been accomodated in the regular schools in the area if they were improved. In our view NCLP schools should principally serve children of migrant labourers who live in settlements, or other categories of child labourers for whom access to regular schools may be difficult. Otherwise what is needed is improvement of regular schools, improving teacher attendance, teacher training and developing a facility in regular schools that they can serve disad-vantaged children with special deprivations. One affidavit has also been filed by Sri Jagriti Singh, Advocate in person who is a public spirited lawyer associated with an organization which has set up a website, for missing children and the said association has even offered services free of cost to the State. The police appears to be procrastinating in the matter and seems to be caught up in endless financial or other negotiations with the U. P. Electronics Corpn. Ltd. Lucknow and is simply exchanging letters for 'setting up such a website, the last being dated 13. 9. 2007 to the M. D. of the Corporation. We think that Police Headquarters, should actively explore the possibilities of utilizing the web site set up by this intervenor Jagriti Singh's organization for posting information about missing children and submit a report on this aspect on the next date of listing. Another good suggestion made by the intervenor was that they have developed a technology for a Public Display or Public into System for putting up information about missing children on screens in Railway Stations, Bus Stations and other public places. Sri Jagriti Singh should be approached and the efficacy and feasibility of this system should also be seriously evaluated by the concerned departments of the State and 'central Governments. The said screens could also display pictures of wanted criminals or terrorists, or other important social issues and announcements. Let a report be submitted in this regard also by the concerned department on the next date of listing.
(3.) AN affidavit has been filed today by the Deputy Chief Probation Officer, (HQ), Directorate of Women Welfare, Lucknow on behalf of Principal Secretary (Women and Child Development), U. P. Government, Lucknow. This affidavit describes the provisions of the Juvenile Justice Act (hereafter the J. J. Act) for setting up Juvenile Justice Boards (which are now functioning in 17 districts ). The provisions to keep juveniles in 17 existing observation homes for boys and the 5 Government homes for girls in U. P. , to keep juveniles whose cases have been decided in special homes, (there is one for boys and another for girls ). Child Welfare committees are to be constituted to look after cases of children who need care and protection (as distinct from children in conflict with the law ). These would constitute some of our neglected children who either run away from homes because of neglect or become easy prey for child traffickers. These committees are currently functioning in 18 districts and there are 10 children homes for such boys, 4 children homes for girls and 5 children homes for infants for the entire state of U. P. There is also a provision for Non-Governmental Organizations (NGOs) for opening and running such schools, which are required be registered under section 17 of the Juvenile Justice Act. There are 5 special adoption agencies and 12 NGO's who are functioning under section 41 (4) of the J. J. Act for adoption and rehabilitation of abandoned children. Under section of the Protection for Child Rights Act, 2005 juvenile Courts are proposed to be constituted in each district (equivalent to Sessions Courts) specifically for trafficking offences against children. AN Offence Against Children Bill 2006 is under consideration of the Government of India for comprehensive coverage of offences against children. We want comprehensive application of all the aforementioned and other provisions within a fixed time frame for enhancing "child welfare and child rights and the expected period by which the provisions of the Act will be implemented and there will be universal access by needed categories of children to juvenile boards, Courts, observation homes, special homes, children's homes, special adoption agencies and child welfare committees may be indicated in an affidavit on the next date of listing. In the end the Affidavit on behalf of the Principal Secretary (Women's and Child Development) seeks two months time for giving details of NGO run schemes, schemes of Child Help Line and how many children are being kept in various Government Children's Homes. We think that the time of two months sought is excessive and we grant one month's time to furnish the said information. An affidavit of the Secretary, U. P. Basic Education Board, Allahabad has also been filed today. The affidavit mentions that so far as the direction of this Court for complying with the fundamental right guaranteed under Article 21-A of the Constitution of India for providing free and compulsory education to all children in the age group of 6 to 14 years, which is also the objective of the State's 'sarva Shiksha Ab-hiyan,' it is pointed out that the said Abhi-yan (campaign) is functioning since 2001-2002 in the entire. state of U. P. There is also an objective to enrich primary education throughout the State up to 2010 as part of the 8th five year plan and plans are afoot for closing gender gaps. The Primary Education department has established a total of 33650 primary/upper primary schools and with the aid of the Central Government under the Sarva Shiksha Abhiyan the State has constructed 176296 additional class rooms for' primary schooling. In each school two Shiksha Mitras have been appointed and in Naxalite affected areas three Shiksha Mitras have been appointed. The total number of Shiksha Mitras so appointed are 167273 for improving the teacher-student ratio. Mid-day meals are being provided in all Parshidiya schools in classes 1 to 5. There is a National Programme for Education of Girls at Elementary Level (NPEGEL) and free uniforms are being provided to students of Parashadiya schools. There is also a provision for distributing free books and writing materials to girls and boys of classes 1 to 8. A survey conducted by Sarva Shiksha Abhiyan shows that in the age groups of 6-14 years 7. 85 lakh students were found out of schools. About 4. 42 lakhs of these students were taking alternative education through Primary Education in the State of U. P. However the Annual State of Education Report (Rural) ASER for the year 2006 mentions that as many as 5. 9% of children are out of school in the age group of 6 to 14 in U. P. There do appear to be discrepancies in the proportion of eligible children who are reported to be out of school between the reports of the Sarva Shiksha Abhiyan of the State Government and the ASER reports. The number of children who would be estimated to be out of school if ASER percentages are taken should be specified on the next date of listing by the Education Secretary. There is also a problem of low quality of level of learning achievement in the Parashadiya schools and that has become a reason why many children are now being sent to private schools even though they are very inadequately funded. The dismally low level of learning in the primary schools has been indicated in surveys conducted by the social organization Pratham and we desire that details in regard to the same are furnished on the next date of listing. It will not be possible to ensure that all children attend school unless teacher attendance is ensured and the quality of teaching in primary schools improves. What steps are being taken for achieving this objective needs to be highlighted. The Principal Secretary (Primary Education), U. P. Government, Lucknow seeks one month's time for filing the latest household survey reports of the out of school children. The time sought is allowed. He should submit a report also on the other points raised hereinabove on the next date of listing. In paragraph 6 of the affidavit filed by the Principal Secretary (Primary Education), U. P. Government, Lucknow, it has been mentioned that so far as the suggestion of this Court for preparing photo-identity cards for primary and pre-primary school children is concerned as an indicator for effectively checking whether the child is attending the concerned school or not and also as a photo record of the child, in case he/she goes missing, an expenditure of Rs. 10/- would be required for preparation of such identity cards for each child but there is no budgetary provision for the same. As we think that this is an important need, the Principal Secretary (Education) may consider the possibility of earmarking the budget for preparing photo identity cards from other sources, if it is possible and also take the assistance of Principal Secretary, Finance for raising of such a budget. The Principal Secretary Finance may also file an affidavit indicating what contributions can be made by the finance department in this regard or what steps can be taken for raising the said funds. Moreover, as pointed out by the learned Government Advocate that the Central Government in its 'sarva Shiksha Abihiyan' has a large budget. Shri K. C. Sinha, learned Assistant Solicitor General is directed to consult the Ministry of Human Resources Development or other concerned departments whether provision for such a budget for photo identity cards of the pre-primary and primary school children could also be made from Central sources. We are clear in our mind that if there is a will, then certainly a way would be found for achieving these laudable objectives and we would like the co-operation of all concerned for effectuating these ideals we are seeking to achieve, because there is no charm in merely quoting figures and entering a number game about the number of children who are getting primary or pre-primary schooling or other facilities. We will not be content unless every single child of the relevant age group is attending school as is mandated by Article 21-A of the Constitution of India and various decisions of the apex Court. The Principal Secretary (Primary Education) may also indicate in his affidavit as to whether steps have already been made or are being taken for making the School head masters and teachers, Gram Pradhans and Panchayats and Panchayat Adhikaris or others answerable by means of suitable Government orders and directions if children of the eligible age of 6 to 14 are found out of school.;