VIKRAM DEO SINGH TOMARversusSTATE OF BIHAR

                        VIKRAM DEO SINGH TOMAR
                                   v.                                              A
                             STATE OF BIHAR

                                 AUGUST 2, 1988

       [R.S PATHAK, CJ, L.M. SHARMA AND N.D. OJHA, JJ.J                            B

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

          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         c
     made by the court, the District Judge, Patna visited the 'Care Home'
     and submitted a report on the conditions actually prevailihg there.

           Disposing of the writ petition,
                                                                                   D
           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 Constitu-
     tion. 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        E
     an imperfect social order and for whom, therefore, of necessity provi-
     sion 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           p
     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 notwithstand-           G
     ing the pervasive ethos of the doctrine of equality it contemplates special
     provision being made for them by law. l758B-CJ

t.        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       H
                                        755
                                                                                :·
    756          SUPREME COURT REPORTS                [1988) Supp. 1 S.C.R.

    blatanly deny their basic humanity. It is clear that the Welfare Depart-
A   ment 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;
B   759A 0 B)
          The State Government should provide suitable alternative accom,
    modation 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
c   amenities by way of living room, bathrooms and toilets within the build-
    ing, 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-Hl
D
            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 mention-
    ing the judicial or executive authority concerned to the High Court, and
E   the High Conrt will thereupon issne necessary instructions to the perti-
    nent District authority for taking appropriate steps in the different
    cases for their early disposal. [760B-C l

            ORIGINAL JURISDICTION: Writ Petition (Civil) No. 1426 of
    1987.                                                                            ~
F
            (Under Article 32 of the Constitution of India).

            Ms. Abha Jain for the Petitioner.

            M.P. Jha for the Respondent.
G
            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
H   inmates of the "Care Home", Patna (Bihar) are compelled to live in
       '·
                        V.K. SINGH v. STATE OF BIHAR [PATHAK, CJ.I               757

            inhuman conditions in an old dilapidated building, that they are ill-
                                                                                        A
            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 simultaneoQsly
            ordered the learned District Judge, Patna to visit the Home and submit
            a report on the conditions actually prevailing there in the context of      B
            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 adminis-
            trative control of the Deputy Director, Welfare, Patna, that although
            there is provision for a full time Superintendent 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      c
            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            D
            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 E
            remaining women have to' sleep in an open verandah. Orily 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 F
            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 work-
            ing order. There was acute scarcity of water.· One hand-pump had
            been installed in the previous month. Three dilapidated lavatories G
            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 H
      758         SUPREME COURT REPORTS                [1988] Supp. 1 S.C.R.

      had been transferred to the Ranchi Mental Asylum, and eleven
A
      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 con-
      stitutional guarantees spelled out in its provisions. It shows a particu-
c     lar 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
D     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 responsibilities to the people, the State
E     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 com-
      mon humanity and considerations of law and order require the State to
      do so. To abide by the constitutional standards recognised by well-          '
F     accepted principle, it is incumbent upon the State when assigning wo-
      men and children to these establishments, euphemistically described
      as "Care Home", to provide at least the minimum conditions ensuriqg
      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, condi-
G     tions 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
H     basic amenities of convenient toilets and a private bathing place, who,
             V.K. SINGH v. STATE OF BIHAR {PATHAK, CJ.I                759

if they complain, are beaten up, and although attacked by disease and
                                                                              A
illness are unable to find timely medical relief. It is clear that the
Welfare Department of the State Government of Bihar views its re-
sponsibilities 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           B
shock the conscience.

       The counter affidavit filed on behalf of the Welfare Department
of the State Government seeks to minimise and gloss over the deplor-
able 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             c
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.      D

      In the circumstances, we think it necessary to direct tile State
Government to provide suitable alternative accommodation expediti-
ously 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         E
a "Care Home" and for shifting to it such inmates as are also housed in
a Government building. It is stated that the Welfare Dj!partment 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        F
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, and an adequate
number of blankets and sheets, besides clothing, must be supplied to          G
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
comrilv with the directions we have framed for the welfare of the             H
    760         SUPREME COURT REPORTS                11988] Supp. 1 S.C.R.

A 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 com-
B   mitted to the care of this Home under orders issued hy various Courts
    in Bihar or by different Executive authorities. The Welfare Depart-
    ment will submit a report within one month from today detailing the
    particulars of these cases and mention;ng the judicial or executive
    authority concerned to the High Court, and the High Court will there-
    upon issue necessary instructions to the pertinent District authority for
    taking appropriate steps in the different cases for their early disposal.
c
          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 enfor-
    cing this order.
D
    H.L.C.                                              Petition disposed of.




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