Bombay High Court
High Court On Its Own Motion (Copy Of ... vs The State Of Maharashtra Through The ... on 1 October, 2018
Author: G.S. Kulkarni
Bench: Naresh H. Patil, G.S. Kulkarni
1 2-SMPIL 1-18.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SUO-MOTO PUBLIC INTEREST LITIGATION NO.1 OF 2018
High Court on its own Motion
(copy of Judgment of WP
(Civil) No.473 of 2005) ...Petitioner
Vs.
The State of Maharashtra through
the Principal Secretary & Ors. ...Respondents
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Ms.Deepa Chavan, Amicus Curiae, with Ms.Reshmarani Nathani for
Petitioner.
Mr.A.A. Kumbhakoni, Advocate General, with Ms.Nisha Mehra, AGP,
with Mr.Akshay Shinde for Respondent Nos.1 to 4.
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CORAM : NARESH H. PATIL, ACTING C.J. AND
G.S. KULKARNI, J.
DATE : 1st OCTOBER 2018 P.C.:
The learned Advocate General has presented Government Resolutions dated 22nd January 2018, 2nd February 2018 and 24th August 2018 and submitted that likewise separate Government Resolutions are issued in 197 cases.
2. The Apex court in Writ Petition (Civil) No.473 of 2005 by an order dated 9th February 2018 dealing with the issue relating to child friendly courts implementing of laws beneficial to children, in paragraph 96 has observed as under:-
"96. Finally, we request and urge the Chief Justice of each High Court to seriously consider establishing child friendly courts and vulnerable witness courts in each district. Inquiries under the JJ Act and trials under other statutes such as the Protection of ::: Uploaded on - 04/10/2018 ::: Downloaded on - 05/10/2018 00:51:34 ::: 2 2-SMPIL 1-18.doc Children from Sexual Offences Act, 2012, the Prohibition of Child Marriage Act, 2006, trials for sexual offences under the Indian Penal Code and other similar laws require to be conducted with a high degree of sensitivity, care and empathy for the victim. It is often said that the experience in our courts of a juvenile accused of an offence or the victim of a sexual offence is traumatic. We need to have some compassion towards them - even juveniles in conflict with law, since they are entitled to the presumption of innocence - and establishing child friendly courts and vulnerable witness courts is perhaps one manner in which the justice delivery system can respond to ease their pain and suffering. Another advantage of such child friendly courts and vulnerable witness courts is that they can be used for trials in which adult women are victims of sexual offences since they too are often traumatized by the not so friendly setting and environment in our courts."
3. We have perused the note on the Government Resolutions. It is stated that the State Government has sanctioned the amount of Rs.33,30,95,593/- (Rupees Thirty Three Crores Thirty Lakhs Ninety Five Thousand Five Hundred Ninety Three only) which includes funds for establishing child friendly courts and vulnerable witness Courts in the State of Maharashtra.
4. A sketch design of model Court is also presented. The State in consultation with the learned Advocate General and the learned Amicus may also consider a plan for a standard court to be prepared in respect of all such notified/special court in each of the District and make submission in this regard on the adjourned date.
5. The concerned Registry of the High Court shall take necessary steps now towards finalising a model design for child friendly court and for taking steps to establish such Courts in State of Maharashtra on the priority basis. The amount is marked by the State as advanced in the 14 th Finance Budget which needs to be utilised.
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6. Stand over to 6th October 2018. 'Direction'
7. We appreciate the efforts taken by the learned Advocate General and the amicus curiae.
G.S. KULKARNI, J. ACTING CHIEF JUSTICE
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