9.131.44

There are two aspects of this question. We have had legislation in the provinces so far as delinquent children are concerned, but so far as the responsibility either of the provinces or of the Centre in respect of the abandoned and destitute children are concerned, there has been no legislation whatever. The wording of article 31 is exactly what I have put in my amendment, “that childhood and youth are protected against exploitation and against moral and material abandonment.” It is said that the very fact that this is included in the Directive Principles of State Policy will give the Centre jurisdiction. I am not a at all convinced of this argument and I feel convinced as a matter of fact of the inadmissibility of this argument. The mere inclusion of this in the Directive Principles of State Policy does not mean that power for legislation has been given, more especially because ours is going to be come sort of a Federation and it will always be arguable whether the responsibility for this is that of the Centre or the provinces; and since this ambiguity will be there, I think, Sir, that it is very necessary that there should be some provision for this in the Concurrent List so as to make the responsibility for this both that of the States as well as of the Centre.