Sheela Barse v. Union of India

Facts

• Sheela Barse (journalist) filed PIL highlighting conditions of children in Indian jails.
• Children (both accused and victims) were being kept in adult jails without separation.
• No educational or rehabilitative facilities existed for detained children.
• Children were subjected to physical and sexual abuse by adult inmates.

Issues

1. Whether children in conflict with law can be detained in adult prisons.
2. What facilities must be provided for detained children.

Held

• No child shall be kept in jail or police lockup under any circumstances.
• Separate observation homes and special homes must be established by every state.
• Children are entitled to education, recreation, and rehabilitation during institutional care.
• Art. 39(f) mandates that children be given opportunities for healthy development.
• States directed to comply within specified timelines.

Ratio Decidendi

Children are the future of the nation. Placing them in adult jails exposes them to criminogenic influences, physical and sexual abuse, and permanently damages their development. Art. 21 read with Art. 39(e) and (f) mandates that the State provide protective, not punitive, custody for children.