Judgment M. KAPUR, J. ( 1 ) THE amount Bail to have been emblazed by the petitioner has been deposited by him. The original four receipts in this respect for Rs. 18,151/- have been shown to me. Out of this some money was recovered from his pay. Considering the fact that the amount has been recovered and the petitioner shall face the trial, when it comes up then he can be released on anticipatory bail. ( 2 ) THE SHO/ Arresting Officer, Investigating Officer, Police Station Kotwali, Bharatpur in F. I. R. No. 418/88, is, therefore, directed that in the event of arrest of petitioner Rajendra Kumar Sharma he be released on bail, provided he furnishes a personal bond in the sum of Rs. 5,000/- with one surety in the like amount, to his satisfaction on the following conditions: (a) that the petitioner shall make himself available for interrogation by a police officer as and when required. (b) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case so as to dissuade him from disclosing such facts to the court, or to any police officer, and (c) that the petitioner shall not leave India without the previous permission of the Court. Petition allowed. CONDITIONS OF CARE HOMES V. HUMAN DIGNITY By Dr. Mool Singh* The conditions of Care Homes maintained by the State are worst. Cafe Homes are, just, mini jails. Most of them are crowded hovels in which a large number of human beings have been thrown together in zoological conditions. India, being a welfare State, has a pious obligation to protect all sections of the society with special attention for the well-being of the weaker sections-the women and children. This obligation imposes an imperative duty to improve the economic conditions and social status on the basis of constitutional guarantees. The doctrine of equality, in its real sense, contemplates that special provisions be made for them by way of welfare laws. We live in a civilised age. The right to live with human dignity in its substantial meaning is the fundamental right of every citizen. The proper discharge of the responsibilities of the State towards the people recognises the need for maintaining establishments for the care of these unfortunate women and children, who are unable to march in the social parade at their own accord. The right to live with human dignity in its substantial meaning is the fundamental right of every citizen. The proper discharge of the responsibilities of the State towards the people recognises the need for maintaining establishments for the care of these unfortunate women and children, who are unable to march in the social parade at their own accord. Therefore, it is necessary that necessary provisions must be made for their protection, care and welfare at the instance of the State. This obligation does not make free the State merely by establishing care homes. It is incumbent upon the State to provide at least the minimum conditions ensuring human dignity. The important point for consideration here is about the Must on the part of the State to provide at least minimum conditions ensuring human dignity in the care homes established and maintained at various places for the care, welfare and we Il-being of women and children. ( 3 ) THE Supreme Court of India, recently, witnessed this problem in a writ petition by way of a letter received from the Yuva Adhivakta Kalyan Samiti, Sasaram, District Rohtas, Bihar. 1 It was alleged in the letter that the female inmates of the care home, Patna are compelled to live in inhuman conditions in an old dilapidated building. They are illtreated, provided insufficient food of poor quality and no medical care is being provided to them. The Supreme Court, on 18th November, 1987, issued notice to the Superintendent of the Home, the District Magistrate, Patna and the State of Bihar. Simultaneously the District Judge, Patna was ordered to visit the Home and submit a report on factual conditions in the context of allegation contained in the letter. The District Judge submitted the report disclosing the sorry state of affairs about insufficiency of means as well as staff supervisor, teacher or guard. He pointed out that the building in which the inmates are housed is a century old dilapidated house. It is absolutely inhabitable and unsafe. There is acute shortage of blankets and cots, There is only one toilet outside in open and not in proper working order. There was acute scarcity of water. The diet provided to them cost Rs. 5/- per day. It is absolutely inhabitable and unsafe. There is acute shortage of blankets and cots, There is only one toilet outside in open and not in proper working order. There was acute scarcity of water. The diet provided to them cost Rs. 5/- per day. 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. Thirty inmates recently escaped from the care home. Twelve lunatic inmates had been transferred to the Ranchi Mental Asylum and eleven children had been sent to Bal Bhawan, Deoghar. The majority of inmates were major, five of them were being deaf and dump. There was no regular visit by any physician. The last visit of a doctor had taken place two months before. The Supreme Court observed that the State is not fulfilling its welfare functions properly. No attention is being paid to the protection of the weaker section of the society in consonance with the provisions of the Constitution. It was specifically observed. 2: ( 4 ) 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 the society and seeks to improve their economic and social status on the basis of constitutional guarantees spelled out in its provisions. It shows particular regard for women and children. . . . This is only to be expected when an enlighted constitutional system takes charge of the political and socio-economic governance of a society. On the shocking state of relegation of women to a place far below their due for centuries, it was observed : 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 dignity is a fundamental right of every Indian citizen. And, so, in the discharge of its responsibilities to the people, the State recognises the need for maintaining establishments for the care of these unfortunates, both women and children, who are the castaways of an imperfect social order. The right to live with dignity is a fundamental right of every Indian citizen. And, so, in the discharge of its responsibilities to the people, the State recognises the need for maintaining establishments for the care of these unfortunates, both women and children, who are the castaways of an imperfect social order. 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 principles, it is incumbent upon the State when assigning women and children to these establishments, euphemistically discribed as Care Homestt, to provide at least the minimum conditions ensuring human conditions. ( 5 ) IT is revealed from the report of the District Judge that there was a crowded hovel, a large number of human beings have been thrown together to live in conditions of animal survival-conditions which blatantly deny their basic humanity. The conditions are also miserable that most of them are to sleep on broken floors, in damp and dark conditions, with no covering to protect them from chill wind of winter. They are denied the basic amenities of toilet and bathing place and if they complain, are beaten up. There was no proper medical care on attack by disease or illness. In such state of affairs, the name of Care Home given to these establishments is an ironic misnomer. The conditions in which the inmates live shock the conscience although counter affidavit was filed by the Welfare. Department which seems not proper. In such circumstances, the Supreme Court issued direction to the State Government to provide suitable alternative accommodation expeditiously for housing the inmates. On the plea of the State that a new building is being constructed for care home, it was directed that meanwhile the present building be put in proper condition with suitable facilities. Further, directions for the appointment of full time Superintendent and ensuring doctors daily visit and providing proper diet and other facilities were issued. It is further directed that the Welfare Department will submit a detailed report of full particulars mentioning the judicial or executive authorities by whose orders the inmates have been committed to the care home to the High Court within one month from the date of judgment and the High Court will thereupon issue instructions to the District Authorities concerned for taking appropriate steps for the early disposal of the cases. With these directions the writ petition was disposed of It is made clear that in the event of no or insufficient compliance of the order the court would have no hesitation in reopening the case for further steps necessary for enforcing this order. All the observations and directions of the Supreme Court are worthwhile and appropriate for individuals quality and human dignity. The right to live with human dignity is a fundamental right of every citizen in consonance with the provisions of Article 21 of the Constitution. It is incumbent, in all circumstances, upon the State to provide at least the basic human conditions in care homes. The directions, in particular, issued by the Supreme Court to the State of Bihar should also be circulated, in general, to all the States of the Union Territories for compliance. ( 6 ) THE conditions as witnessed in the aforesaid case4 of the State of Bihar are not uncommon. These are common in every care home of every State. Why do we tolerate such state of affairs? And, how long? To the first question, possibly, there may be two responsible factors-limited financial resources on the part of the State, and, lack of social spirit on the part of these who are responsible for that. It is undisputable that the State, being a welfare State, is under heavy obligations of its welfare functions out of limited financial resources. But it can be said with confidence that the goal of basic human facilities can be achieved if there is a sincere spirit on the part of these who are shouldered with this responsibility. This could be possible by infusing moral values not by way of legal mandates or far of any sort of punishment but by awakening the inner Man. It is submitted that the widespread disease of selfishness on the part of these authorities obliged to impart the social obligation should not be tolerated in any way in future. It is to be cured today and not to be postponed for tomorrow, because denial of basic human conditions to the inmates in care homes is not only the denial of individuals facility but a peril to human dignity. * L. L. M. Ph. D. , Lecturer in Law. Government (Autonomous) College, Airner (Ralasthan ).