1. It is the duty of this Court and all other Courts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests of the child (accused or otherwise) must be considered first and foremost in dealing with all aspects concerning that child.

2. The parents of the children who are brought before the police under arrest or otherwise, must be informed without delay.

3. A probation officer must be appointed immediately to report to the Court with regard to matters concerning the child.

4. Bail should be considered as a matter of course and detention/confinement should ensue only as the exception in unavoidable scenarios.

5. In dealing with the child, its custody, care, protection and wellbeing, the views of the child, its parents, guardians, extended family members as well as social welfare agencies must be considered.

6. Where the best interests of the child demands its separation from its parents, special protection and assistance must be provided and there must be alternative care for the child.

7. Steps must be taken to assist the parents to mend their ways and to provide a congenial atmosphere for the proper development of the child.

8. If a child is detained or placed in the care of someone other than the natural parents, its detention or placement must be reviewed at short intervals with a view to handing back custody to its parents or guardians, subject to their attainment of suitability to get custody of the child.

9. When dealing with children, detention and imprisonment shall be used only as a measure of last resort and for the shortest period of time, particularly keeping in view the age and gender of the child.

10. If detention is inevitable, then the child shall be kept in the appropriate Homes/Institutions, separated from adults and preferably with others of his/her same age group.

11. Every effort must be made at all stages for reintegration of the child within the family and so as to enable him/her to assume a constructive role in society.

12. Due consideration must be given to the fact that children come into conflict with the law due to failure of their parents/ guardians or the State to provide adequate facilities for their proper upbringing. If the parents or guardians lead the child astray, then it is they who are liable and not the child.

13. The Legislature should consider amending the Children Act, 1974 or formulating new laws giving effect to the provisions of the UNCRC, as is the mandate of that Convention upon the signatories.

14. The use of children as ‘drug mules’ should be made an offence and incorporated in the Children Act, making the parents/ guardians of any child used for carrying drugs criminally liable.

15. The State must make provision for diversion of child offenders from the formal placement in government safe homes/prisons to be placed in an atmosphere where the child may be guided in more congenial surroundings within a family unit, either with relatives or unrelated foster families, if necessary on payment of costs for the child’s maintenance......................................(26)  

The Penal Code, 1860 (XLV of 1860); section 82

It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code, 1860. According to this section, any police personnel worthy of his badge cannot arrest a child below the age of nine years, since that child is immune from prosecution……………………..(16)

The children wing of the prison is meant for children who have been convicted and who cannot be placed in detention in any certified institute in accordance with the law. Certainly the children wing in the prisons are not meant to be used for children who are kept on remand or simply kept overnight as a place of safety. . . The law requires that children kept in any confinement, must be kept separate from adults and convicted prisoners should not be allowed to mix with those under trial……………………….(30)

The damage done to the children by placing them in prison for their so-called ‘safety’ can never be compensated, but the officials concerned who have perpetrated such anguish and misery upon the children must be made to realise that what they have done is morally wrong and also palpably illegal………………………….(32)

The Children Act, 1974 (Act No. XXXIX of 1974); sections 17, 46

Section 17 of the Children Act prohibits the publicity in relation to any child who is involved in any case or proceeding in any Court under the Children Act, which leads directly or indirectly to the identification of such child, nor shall any picture of such child be published. Though it is appreciated that the newspaper has brought to the notice of the public at large the illegality which have been committed by the law enforcing agencies and the judiciary, but at the same time, they should refrain from identifying children who are alleged to have committed criminal offences and are again reminded of provisions of 17 of the Children Act and the sanction that is provided under section 46 of the Children Act…………………………(34)