Delhi High Court
Court On Its Own Motion vs Union Of India on 12 January, 2011
Author: Dipak Misra,Chief Justice
* IN THE HIGH COURT OF DELHI AT NEW DELHI
#14
+ W.P.(C) 5913/2010
COURT ITS OWN MOTION ..... Petitioner
Through Mr.Colin Gonsalves, Amicus
Curiae with Ms.Jayshree Satpute, Adv.
Mr.Jayant Bhushan, Amicus Curiae
with Mr.Gautam Talukdar, Adv.
versus
U.O.I. ..... Respondent
Through Mr.A.S. Chandhiok, ASG with
Mr.Atul Nanda, Adv. R-1
Mr.N. Waziri, Adv. for GNCTD
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 12.01.2011
The present public interest litigation was initiated suo motu by this
Court taking into consideration a newspaper report dated 29th August, 2010
published in the „Hindustan Times‟ that a destitute woman breathed her last
on a busy street after giving birth to a baby girl, namely, Karishma who had
been struggling for life at a foster home, namely, „Udayan‟.
The matter was dealt with to some extent on 1 st September, 2010 and
how important and significant the life of a child who forms the vertebra of a
spine of the nation and the role of the mother in building the nation.
On 20th October, 2010, after hearing Mr. Colin Gonsalves, learned
Amicus Curiae along with Ms.Jayshree Satpute, Advocate, this Court had
issued the following directions: -
"(1) Government of NCT of Delhi to demarcate five secured
shelter homes exclusively meant for destitute women, pregnant
and lactating women so that apposite care can be taken and no
destitute women would be compelled to give birth on the
footpath.
(2) The availability of the facilities in such shelter homes
shall be monitored by the helplines handled by professionally
trained people.
(3) In the aforesaid shelter homes, food and medical facility
shall be available for 24 hours as such facilities are imperative
for the cases of the present nature.
(4) Despite various schemes being framed by the State
Government, as the people are not aware of the same, especially
due to illiteracy, there would be dissemination of information
by radio as well as television in Hindi.
(5) There should be awareness camps in the areas or cluster
of areas by professionally trained people every fortnight.
(6) The State Government shall provide a mobile medical
unit so that the people, especially who are living in slum areas
can be taken to the shelter homes or to the hospital as the case
may be.
(7) The State Government shall make endeavour to involve
the genuine NGOs so that they can also work for getting the
scheme fortified as such an activity has to flow from the top to
the ground reality level."
Thereafter, when the matter was listed, Mr.Jayant Bhushan, learned
senior counsel was requested to assist the court and to give certain
suggestions. In pursuance of our earlier orders, a counter affidavit has been
filed by the Government of NCT of Delhi. In the counter affidavit, many an
assertion has been made but on a perusal of the same, it transpires that the
stand and stance of the State is that there are various homes which are meant
to take care of destitute and pregnant woman as well as the lactating woman.
Ms.Satpute has submitted a written note of submission especially
referring to the seven shelter homes which are available to the destitute,
deserted women and girls who are in need of immediate protection or are in
moral danger. As is evincible from the written note of submission, the
learned Amicus Curiae has contacted „Jivodaya Ashralayam‟ Care and
„Rehabilitation Centre for destitute women‟, "Santidham" a home for
destitute women care and rehabilitation centre for destitute women, „Shri
Digambar Jain Mahila Ashram‟, "Missionaries of Charity" - Shelter for
unwed mothers.
On a perusal of the submissions, it is perceptible that the said
rehabilitation centres for destitute women and care homes are not funded by
the State Government and they have categorically stated that they do not
intend to provide care and service for pregnant and lactating women in
future as it is beyond their functioning capacity. It is also discernible that
the Missionaries of Charity are only devoted for unwed mothers and also
availed the government funds. That apart, it is evident that the shelter has
capacity to service only 20 unwed pregnant women with medical, nutritional
and social services. Thus, what has been stated in the counter affidavit
really does not take care of the situation obtaining in the ground reality.
Be it noted, in the counter affidavit there is reference to a family
counselling, Unit helping victims of rape, Rape crisis cell, Mobile van
helpline, Mahila Panchayat Programme, Pre-Marital Counselling Cell,
Awareness campaigns, Scheme for implementing the protection of women
from Domestic Violence Act, Scheme for working women‟s hostel, Scheme
of short stay home for women in distress, children homes for the care and
protection of destitute children, Mental health unit at Nirmal Chhaya
Complex and Campaign to make Delhi free of violence against women and
girls. Eventually, in paragraphs 9 and 10, it has been stated so -
"9. It is also respectfully submitted that every year, there is
large influx of poor migrants from neighbouring states to Delhi.
These people come from the lowest strata of society. The
medical facilities available in the state of origin is extremely
poor and inadequate. The Delhi Government is making efforts
to cater to the increasing demand of medical and rehabilitation
care for this large continuously migrating population.
10. It would however be appropriate if Union Government is
requested to issue suitable directive to the neighbouring states
to provide adequate infrastructure facilities for destitute women,
pregnant and lactating women belonging to the deprived
sections of society. Further, due to limited availability of land
in the national capital, it may be difficult to set up large
capacity shelters exclusively for this target group in Delhi.
Large tracts of land are available in neighbouring states to set
up high capacity shelter homes which can take care of this
target group. These centres can be run by reputed NGOs and
financial assistance can be provided by the Union Government
or respective State Governments."
It does not require solomon‟s wisdom to say that the affidavit
nowhere really focuses on the problem that has crept up.
Mr.Jayant Bhushan, learned senior counsel, who was requested to
give certain suggestions, submitted that he has not drafted out any
suggestion as nothing has been done by the Delhi Government regard being
had to the directions given by this Court on earlier occasion and he will do
so if something specifically is done and anything else is required to be done.
At this juncture, Mr.N. Waziri, learned standing counsel appearing for
the Government of NCT of Delhi submitted that the homes that the learned
Amicus Curiae has visited may not reflect the correct picture but, as advised
at present, we are not inclined to accept the said submission of the learned
standing counsel for the State.
Mr.Atul Nanda, learned standing counsel for the Union of India
submitted that Joint Secretary, Ministry of Women and Child may be given
the responsibility to coordinate with the State Government as well as the
Municipal Corporation of Delhi to find out about the homes, which the
learned Amicus Curiae has visited, whether they are really funded by the
Government and what activities they are taking.
Though we are inclined to direct that the said exercise be done, yet we
just cannot become the silent spectators waiting for the Government to move
like a tortoise and allow the destitute pregnant women and lactating women
to die on the streets of Delhi, may be after giving birth to a child or may be
along with the child. Such a situation cannot be countenanced and is not
possible to visualize in the backdrop of Article 21 of the Constitution of
India. It is expected of the State and the persons who are in-charge of its
departments to have a vision. It has been said long back that the personalities
who have vision can always visualize the invisibility. To elaborate: it
conveys the situation which exists and are likely to eloquently get edificed,
must be pursued by the persons who are in the helm of administration.
In view of the aforesaid, we command the Government of NCT of
Delhi to file a proper and comprehensive affidavit within a period of four
weeks and pending that we direct the Government of NCT of Delhi to
demarcate or hire or create at least two shelter centres meant for destitute
pregnant women and lactating women so that proper care can be taken to see
that no destitute woman is compelled to give birth to a child on the footpath.
We are sure, no apathy shall be shown in this regard as any kind of
recalcitratant, propensity or proclivity in this regard would be violative of
the concept of Rule of Law.
At this juncture, we may note with profit one of the suggestions given
by Mr. Jayant Bhushan. It is submitted by Mr. Bhushan, learned senior
counsel that when the State takes recourse to such an action, it should be
widely published so that the people who are in such a situation or the people
who are aware of such a situation and can help people and also can take
them to such shelter homes. We are sure, the State Government shall live
upto the same and do the needful within a week including spreading of
awareness as stated hereinabove.
Needless to say, a shelter home should have facility for food and
appropriate medical aid.
Let the matter be listed on 19th January, 2011 on which date the matter
shall be adverted to whether the State Government has demarcated, hired or
created the shelter homes, as directed hereinbefore.
Order dasti under the signature of the Court Master.
CHIEF JUSTICE
JANUARY 12, 2011 SANJIV KHANNA, J
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