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PETITIONER: VIKRAM DEO SINGH TOMAR

       Vs.

RESPONDENT: STATE OF BIHAR

DATE OF JUDGMENT02/08/1988

BENCH: PATHAK, R.S. (CJ) BENCH: PATHAK, R.S. (CJ) SHARMA, L.M. (J) OJHA, N.D. (J)

CITATION:  1988 AIR 1782            1988 SCR  Supl. (1) 755  1988 SCC  Supl.  734     JT 1988 (3)   186  1988 SCALE  (2)325  CITATOR INFO :  RF         1991 SC1902  (24)

ACT:      Constitution of  India-Art. 21-Right  of female inmates of ‘Care  Homes’ established  by State  to live  with  human dignity.

HEADNOTE:      This writ  petition arose upon a letter received from a voluntary organisation alleging that the female inmates of a ‘Care Home’  in Bihar  were compelled  to  live  in  inhuman conditions. Pursuant  to a  direction made by the court, the District Judge,  Patna visited the ‘Care Home’ and submitted a report on the conditions actually prevailing there.      Disposing of the writ petition, ^      HELD: Every  person is  entitled to  a quality  of life consistent with  his human  personality. The  right to  live with human  dignity is the fundamental right of every Indian citizen under  Art. 21  of the Constitution. And, so, in the discharge of  its responsibilities  to the people, the State recognises the  need for  maintaining establishments for the care of those unfortunates, both women and children, who are the castaways  of an  imperfect social  order and  for whom, therefore, of  necessity provision  must be  made for  their protection   and   welfare.   Both   common   humanity   and considerations of  law and order require the State to do so. To abide by the constitutional standards recognised by well- accepted principle,  it is  incumbent upon  the  State  when assigning women  and children  to these  establishments,  to provide at  least  the  minimum  conditions  ensuring  human dignity. [758D-F]      India is  a welfare  State governed  by a  Constitution which lays special emphasis on the protection and well-being of the weaker sections of society and seeks to improve their economic and social status. It shows a particular ragard for women and  children, and notwithstanding the pervasive ethos of  the   doctrine  of   equality  it  contemplates  special provision being made for them by law. [758B-C]      What we  see before us in the instant case is a crowded

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hovel, in  which a  large number  of human  beings have been thrown together,  compelled  to  subsist  in  conditions  of animal survival, conditions which 756 blatanly deny  their basic  humanity. It  is clear  that the Welfare Department  of the  State Government  of Bihar views its  responsibilities  in  regard  to  these  women  with  a lightness which  ill befits  its existence  and  the  public funds appropriated  to it.  The name of "Care Home" given to these establishments  is an  ironic misnomer.  The primitive conditions in  which the inmates are compelled to live shock the conscience. [758G; 759A-B]      The   State    Government   should   provide   suitable alternative  accommodation  expeditiously  for  housing  the inmates  of   the  present  "Care  Home".  It  is  necessary meanwhile to put the existing building, in which the inmates are presently housed, into proper order immediately, and for that purpose to renovate the building and provide sufficient amenities by  way of  living  room,  bathrooms  and  toilets within the  building, and also to provide adequate water and electricity. A  suitable range  of furniture, including Cots must be provided at once, and an adequate number of blankets and sheets,  besides  clothing,  must  be  supplied  to  the inmates. The Welfare Department of the State Government will take immediate steps to comply with these directions. [759D, F-H]      The inmates  have been  committed to  the care  of this Home under  orders issued  by various  Courts in Bihar or by different Executive authorities. The Welfare Department will submit a  report within  one month  from today detailing the particulars of  these cases  and mentioning  the judicial or executive authority  concerned to  the High  Court, and  the High Court  will thereupon  issue necessary  instructions to the pertinent District autority for taking appropriate steps in the different cases for their early disposal. [760B-C]

JUDGMENT:      ORIGINAL JURISDICTION:  Writ Petition  (Civil) No. 1426 of 1987.      (Under Article 32 of the Constitution of India).      Ms. Abha Jain for the Petitioner.      M.P. Jha for the Respondent.      The Judgment of the Court was delivered by      PATHAK, C.J.  This writ  petition arises  upon a letter received from  the Yuva  Adhivakta Kalyan  Samiti,  Sasaram, District Rohtas  (Bihar). Among  other things, it is alleged in the  letter that  the female  inmates of the "Care Home", Patna (Bihar) are compelled to live in 757 inhuman conditions in an old dilapidated building, that they are ill-treated,  provided food  which is  both insufficient and of  poor quality,  and  that  no  medical  attention  is afforded to  them. On  18 November,  1987 this  Court issued notice to  the Superintendent  of  the  Home,  the  District Magistrate, Patna  and the State of Bihar and simultaneously ordered the  learned District Judge, Patna to visit the Home and submit  a report  on the  conditions actually prevailing there in  the context  of the  allegations contained  in the letter. The learned District Judge has submitted his report. He states  that the  "Care Home"  is managed  by the Welfare Department of  the State Government under the administrative control  of   the  Deputy  Director,  Welfare,  Patna,  that although there  is provision  for a full time Superintendent

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no full  time Superintendent has been appointed, and instead the District Welfare officer, Smt. M.B. Verma, who is posted at Arrah,  is in  dual charge  of the "Care Home". The staff includes two  whole time  matrens, two  male clerks  and two night  Guards  and  recently  three  Supervisors  have  been attached to  the Home.  There are  three  teachers  and  one senior Instructress  for imparting  vocational training.  He points out  that thirty  inmates recently  escaped from  the "Care Home"  and now three Home Guards have been posted. His report discloses  a sorry  state of  affairs. He  points out that the  building in  which the  inmates are  housed  is  a century old  dilapidated house  rented for  the purpose. The building is  absolutely uninhabitable and unsafe, and during the rainy  season the roof leaks almost at every point. Five small damp  and dirty  rooms with  no windows  are  used  to accommodate twenty  five inmates,  while the remaining women have to  sleep in  an open verandah. Only a few of the women have been  provided with  blankets and cots. He reports that whereas the capacity of the "Care Home" is over one hundred, the Deputy  Superintendent admitted  before him  that  there were only  twenty five  thin blankets.  Most of  the inmates were compelled  to sleep  on the broken floor without even a sheet to  cover themselves. There was no woollen clothing at all, nor  were they  provided with  soap or  oil.  The  diet provided to  them cost  Rs.5 per day and was hardly adequate to sustain  them. As regards toilet facilities, he says that there is  one municipal  tap outside in the open, which also was not in proper working order. There was acute scarcity of water. One  hand-pump had  been installed  in  the  previous month. Three  dilapidated lavatories  existed far  away from the main  apartment. There  was no bathroom or toilet inside the apartment  and the inmates had to go out in the night to the distant  toilets. The  report discloses further that the inmates stated  that they  were often beaten up in case they complained  before   the  authorities,   and  most  of  them expressed a  desire to  be set free to earn their livelihood or to return to their families. Twelve lunatic inmates 758 had been transferred to the Ranchi Mental Asylum, and eleven children had  been sent  to the  Bal  Bhawan,  Deoghar.  The majority of  the inmates were major? five of them being deaf and dumb.  All of  them were  in protective  custody by  the order of  various judicial  and executive magistrates of the State. There was no regular visit by any physician, the last visit of  a doctor  having taken  place  almost  two  months before.      India is  a welfare  State governed  by a  Constitution which holds  the  pride  of  place  in  the  hearts  of  its citizens. It  lays special  emphasis on  the protection  and well-being of  the weaker  sections of  society and seeks to improve their  economic and  social status  on the  basis of constitutional guarantees  spelled out in its provisions. It shows a  particular  regard  for  women  and  children,  and notwithstanding the  pervasive  ethos  of  the  doctrine  of equality it  contemplates special  provision being  made for them by law. This is only to be expected when an enlightened constitutional system  takes charge  of  the  political  and socio-economic  governance  of  a  society,  which  has  for centuries witnessed  the relegation  of women to a place far below their  due. We  live in  an age  when this  Court  has demonstrated,  while   interpreting  Article   21   of   the Constitution, that  every person is entitled to a quality of life consistent  with his  human personality.  The right  to live with  human dignity  is the  fundamental right of every Indian  citizen.   And.  so,   in  the   discharge  of   its

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responsibilities to  the people,  the State  recognises  the need for  maintaining establishments  for the  care of those unfortunates, both women and children, who are the castaways of an  imperfect social  order and  for whom,  therefore, of necessary provision  must be  made for  their protection and welfare. Both  common humanity and considerations of law and order  require   the  State  to  do  so.  To  abide  by  the constitutional   standards   recognised   by   well-accepted principle, it  is incumbent  upon the  State when  assigning women and  children to these establishments, euphemistically described as  "Care Home",  to provide  at least the minimum conditions ensuring  human dignity. What we see before us in the instant case is a crowded hovel, in which a large number of human  beings have  been thrown  together,  compelled  to subsist in  conditions of  animal survival, conditions which blatantly deny  their basic  humanity.  How  else  shall  we describe  an  establishment  where  women  are  detained  in miserable conditions,  compelling most  of them  to sleep on broken floors, in damp and dank conditions, with no covering whatever to  protect them  from  the  chill  wind  and  near freezing temperatures  of the  north Indian  winter, who are fed a  wretched health-denying  diet, are  denied the  basic amenities of convenient toilets and a private bathing place, who, 759 if they  complain, are  beaten up,  and although attacked by disease and  illness  are  unable  to  find  timely  medical relief. It is clear that the Welfare Department of the State Government of  Bihar views its responsibilities in regard to these women  with a lightness which ill befits its existence and the  public funds  appropriated to it. The name of "Care Home" given  to these  establishments is an ironic misnomer. The primitive  conditions in which the inmates are compelled to live shock the conscience.      The counter  affidavit filed  on behalf  of the Welfare Department of  the State  Government seeks  to minimise  and gloss over  the deplorable  conditions faced by the inmates, and the  presence of many of the facilities alleged to exist cannot be  accepted in the face of the report of the learned District  Judge.  The  affidavit,  sworn  by  the  Assistant Director (Social Welfare), does not disclose that he visited the home personally. The facts seem to have been supplied to him by  others. The report of the learned District Judge, on the contrary, is the report of an objective neutral observer who took  the trouble of visiting the place himself. We have every reason to prefer the facts set out in his report.      In the  circumstances, we  think it necessary to direct the  State   Government  to   provide  suitable  alternative accommodation expeditiously  for housing  the inmates of the present "Care  Home". It  is said  that the State Government has given  two acres  of land near the Ganga bridge at Patna to the  Welfare Department  for putting  up a  complex as  a "Care Home"  and for shifting to it such inmates as are also housed in  a Government  building. It  is  stated  that  the Welfare  Department   has   sanctioned   31.10   lakhs   for establising a  Care Home  in the  building and  that Rs.  12 lakhs have  been allocated for constructing the building. We do not know how long it will take for the new building to be ready.  It  is  necessary  meanwhile  to  put  the  existing building, in  which the  inmates are  presently housed, into proper order  immediately, and  for that purpose to renovate the building  and provide  sufficient amenities  by  way  of living rooms, bathrooms and toilets within the building, and also to  provide adequate  water and electricity. A suitable range of  furniture including Cots must be provided at once,

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and an  adequate number  of  blankets  and  sheets,  besides clothing, must  be supplied to the inmates. We note that the Welfare Department  has stated  that the  allowance  of  the inmates is being increased from Rs. 150 per month to Rs. 200 per month  and that  besides  they  will  be  provided  such amenities as  Soap, oil  and other  toilet  requisites.  The Welfare  Department   of  the  State  Government  will  take immediate steps to comply with the directions we have framed for the welfare of the 760 inmates of  the Care  Home. We direct the Welfare Department further to  appoint a  full time Superintendent to take care of the  Home, and  to ensure  that a  Doctor visits the Home daily.      We are  constrained to  note also that the inmates have been committed  to the care of this Home under orders issued by  various  Courts  in  Bihar  or  by  different  Executive authorities. The  Welfare Department  will submit  a  report within one  month from  today detailing  the particulars  of these  cases   and  mentioning  the  judicial  or  executive authority concerned  to the  High Court,  and the High Court will thereupon issue necessary instructions to the pertinent District authority  for  taking  appropriate  steps  in  the different cases for their early disposal.      With  these   directions,  we   dispose  of  this  Writ Petition. We  make it  clear, however,  that in the event of no, or  insufficient, compliance being made with this order, we will  have no  hesitation in  reopening the case for such further steps  as may  be considered necessary for enforcing this order. H.L.C.                            Petition disposed of. 761